Common Law

[Rob.Barrett]

I am a British Citizen residing in Canada on a BUNAC 1 year Visa. which will run out in July 2010. Ok the plan is that me and my Patner will apply after my visa runs out then when i have returned to the UK.

We have been in a relationship for over 2 years (went to high school together for 6 years), and have been living together, with joint expenses since july 09. Joint Savings/ Named on each others Car Insurance/Joint Credit Cards etc.

Is this the best way - apply for Spousal Sponsorship after a year of living together etc? or are there other ways?

Rob

[mirkopal]

DEFINITELY the best way for common law....
if u are not married it s the best way!

[mitamata]

You have two options:

- apply as spouses, for which you have to be married
- apply as common-law partners, for which you have to live together for at least 1 year with no long separations.

Spousal is a bit easier to prove, since you just submit the marriage certificate and that pretty much right away qualifies you as a spouse. For common-law, you have to prove you've been living together - a lease in both your names, mail addressed to both at the same address, bills addressed to both, etc. If you have plenty of evidence to show you've lived together, then it's a piece of cake.

No matter which you choose though, you still have to prove that you are in a genuine relationship, meaning your relationship doesn't exist for immigration purposes alone. For that, you include emails, letters, cards, phone bills showing contact with your partner. Photos of you two together, bills from vacations taken together, if you've lived together all that evidence can be used as well.

Here are the forms you'll need:
http://www.cic.gc.ca/english/information/applications/fc.asp

I suggest you start with the guide and if there's more questions, we're here

[Suin]

yes, you have all successful chances to apply as a common law

[Rob.Barrett]

You have two options:

- apply as spouses, for which you have to be married
- apply as common-law partners, for which you have to live together for at least 1 year with no long separations.

Spousal is a bit easier to prove, since you just submit the marriage certificate and that pretty much right away qualifies you as a spouse. For common-law, you have to prove you've been living together - a lease in both your names, mail addressed to both at the same address, bills addressed to both, etc. If you have plenty of evidence to show you've lived together, then it's a piece of cake.

No matter which you choose though, you still have to prove that you are in a genuine relationship, meaning your relationship doesn't exist for immigration purposes alone. For that, you include emails, letters, cards, phone bills showing contact with your partner. Photos of you two together, bills from vacations taken together, if you've lived together all that evidence can be used as well.

Here are the forms you'll need:
http://www.cic.gc.ca/english/information/applications/fc.asp

I suggest you start with the guide and if there's more questions, we're here

Ok so at a Guesstimate - how long are you thinking i'm going to be back in the UK for? 6 Months? 12?! I Know theres probably no general answer for this - But if we were to fill out forms, Collate Data for review, and send them within the week i leave Canada - Do we think i will have a White Xmas or a Wet one!??!?!

[mitamata]

Which Christmas, this one or the next? There's no way you'll be a PR in Canada this Christmas. Even if you applied today, the first part of the process (sponsorship approval in Mississauga) takes about a month.  London has been processing application in 2-8 months (see processing times here: http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp), so it would take a minimum of 2 months and that's assuming your application is complete, there's no questions needed to be asked, no documents missing and the background check is simple (the more countries you've lived in, the longer the background check takes).

You have good odds for next Christmas though You can apply as a spouse at any time (you'd have to get married first of course . To apply as a common-law partner, you'll have to wait until July when you will have the 12 month cohabitation needed to qualify as a common-law partner. Assuming everything goes ok with the app and you pay all the fees upfront, I don't see why you couldn't be in Canada by next Christmas. Keep in mind that processing times do change, but they won't suddenly jump up to a year minimum.
As for the white... eh, depends on where in Canada you are. I'm in the Vancouver area and I hear I might be missing out on the white this year

Oh, also... you know, just because the application is being processed in the UK it doesn't mean that you have to be in the UK. You are allowed to stay in Canada as a visitor. Well, in your case you might have to leave and come back as a visitor, but that's another matter. You wouldn't be able to work in Canada or get health insurance, but you could stay with your partner.

[Rob.Barrett]

Toronto - always gets snow!!!!

That is the plan i think,  - thanks for the reply will let you know how it all goes. from July 2010:)

[Karlshammar]

It is possible that a July application is approved before Christmas, and it is possible it is not. This is my answer, which is completely unsatisfying, but completely correct. No way to tell for sure considering the timeframe.

You can also get married right now and apply right away...

[Rob.Barrett]

Well from what i've said that we have as evidence - do you think we will qualify?!

The relationship proving is a piece of cake - i think even the blind can see how much we are in love!

Basic Income is not a problem.

whats the Verdict.

[ghostfish]

Hi,

I am in exactly the same position as you...from the UK and on a one year visa that will expire in May 2010. I am applying under the Inland Common-Law class and will submit my application on the day my BUNAC visa expires. At the same time i am applying for a change/extension of my work permit which will allow me to stay in canada and work while my application is being processed.

A lot of people on the forum say it is quicker to apply outland from the UK but i cannot be without my partner for that length of time. My life is now in Canada. You do not have to leave Canada in July...you can stay and apply inland and because you are in the spousal/common-law class you can stay working on an extension of your current visa.

Estimated times for inland applications are 6 to 12 months.


Also check out this link.....a guide used by cigc to process applications...tells you EXCATLY what you need to do to get approved.

Good Luck

Ruth

cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf

[Nemmy]

Ghostfish, I believe that you can remain in Canada if you apply Outland. You may only need to leave for an interview if required. Also, I understand that Outland is much quicker than Inland.