Common-Law or Conjugal Visa?? ADVICE PLEASE!!

[creative.overflow]

Hey Everyone!
this whole visa sponsorship can get a bit confusing which is why i'm here on this forum asking for your help.
here's my situation...

back in feb 2007 i moved to Japan on a working holiday visa. about 2 months in i met my Japanese gf.  i stayed in japan for a full year and in sept 2008, my gf came to canada on a working holiday visa herself.   she has been living with me under my parent's house since and she'll be headed back to japan sept 1st because her visa expires (1 time deal only, no extensions for WHV).

we've now been together for over 27 months and we want to continue our relationship.  Marriage isn't the time yet so we're interested in applying for a visa for her to stay in canada.

question is.. which one is best for our situation?  common law?  or conjugal?

common law - we have a joint bank account here but that's about it.  because we live with my parents, we dont have any mortgages to pay or have property together.
conjugal - we've lived together for a year once her visa expires and we can't really live together longer because of those immigration boundaries.

all in all.. i feel that conjugal is the way to go, but what do you guys think??
as well.. the forms to apply are SO CONFUSING!!
should we apply here in Canada before she leaves?
or do we apply when she's in Japan??  i'll be headed to Japan for six weeks in the fall to help her with any type of papers if it's needed to be done there.

should we look into getting an immigration lawyer to help with all this?
if so... who? where?  reading some threads here.. it seems like there aren't many trust worthy places.  >_<

any advice would help!
thanks a lot and thanks for taking the time to read this!
much appreciated!

hn.


ps.  i had this in another forum and i didn't know how to move it to here so i just copied and pasted it.
thx to cdarroch for the tips/reply on the original thread and stating that this forum would be more suitable for this topic!!

and to cdarroch .. i read your thread about what u've gathered to show proof.  i have nothing near that amount!  i mean.. i have pictures of both her and i in japan and here.  family pictures of her with my family here.   she was also with me during my brothers wedding this past summer... there are photos of 40 plus family members and her in it.  she's basically family now to everyone.

time is running out and i think we'll need to do this application outside Canada.
we will get married one day.. but i dont wanna push it sooner just for visa purposes u know?!?!
 

[RobsLuv]

If you have already cohabitated for at least one continuous year (and it sounds like you have between you being in Japan and her being in Canada) you are qualified as common-law partners and you should apply that way.  The conjugal partner category is dicey - it's basically common-law with the cohabitation requirement waived because a couple cannot live together and/or cannot marry because of an immigration barrier coupled with threat of persecution due to the nature of the relationship.  Because your gf is visa-exempt, and you have spent significant time in her country and she was able to come to Canada, too, AND because you could marry (even though you're choosing not to), you probably would not be successful with the conjugal route. 

Keep in mind that if you apply as common-law partners (rather than marrying and applying as spouses) you have to prove both the one year co-habitation and your genuine relationship.  Things like emails, phone records, pictures and proof of trips to visit one another all go towards proving that your relationship is "genuine", and not just entered into to facilitate her entry to Canada.  The co-habitation requirement is another matter - they're looking for things that demonstrate that you have "co-habitated in a marriage-like relationship for at least one continuous year".  Probably the best source for information about how they assess common-law qualification, and what information to include with your application to prove it, is this CIC processing manual - Sections 5.34-5.36. 

Also, even though she can't extend her working holiday visa - she could still apply to extend her stay, and change her conditions to a visitor so she can stay for long enough (hopefully) for you guys to be able to qualify as common-law partners based on her stay here in Canada.  For a reason, she can say that now that her working time is over, she wants to take some time as a tourist to see Canada before returning home - but she shouldn't mention the relationship with you.  Just another six months will get you common-law qualification AND time to submit an application to sponsor her for permanent residence, and then she can apply to extend again based on the fact that you're in a "qualifying relationship" and she is being sponsored for PR.

You will need to get the extension application to CPC-Vegreville BEFORE the expiration of her WHV.  That gives her "implied status" to remain in Canada until they make a decision on the extension (about 100 days).  Track the mailing and get delivery signature confirmation - that will be her proof of "implied status", should she need it.  Even if the extension isn't approved, by the time she'd have to leave you'll have met the common-law qualification and, if you can prove it, you'll be able to apply to sponsor her, even if she has to go back to Japan.  Short separations - especially ones resulting from the foreign national leaving Canada when their authorized stay is over - are permissible.

Once you know for sure that you're going to apply to sponsor her, you'll need to make a decision as to whether you'll be doing it via the inland application process, or outland application process.  Don't make the mistake of thinking that because she is in Canada with you, you have to apply inland.  There are several drawbacks to the inland process that are not readily apparent if you're taking your information about it strictly from the CIC website.  Let us help you make a determination about the best, most expedient route to a successful process before you jump in with both feet.   In the meantime, get that extension application off to CIC, and then go from there.   

[cdarroch]

There we go - you've got some expert advice to go on now     -> (referring to robsluv)


I forgot that extensions, too, get implied status - just use a fast courier, and you should be good! I've never had anything take more than 2-3 business days to ship anywhere in Canada.

As for the proof, well... I've been told it's more about quality than quantity. If I was an Immigration Officer, the photos from your brother's wedding would be as good as gold. You mentioned having joint bank account, again, great - and if your parents can make you a "lease" of sorts (or at least write a statutory (sworn/notarized) statement saying you've lived with them for X time) that should be useful on both fronts - it shows they're supportive AND that you're cohabiting, two very important things.

The weak point in OUR application, I think, is communication records - not much record to go on if you've been physically together almost the entire time! You might have an easier time of it - we use pre-paid cell phones here in Panama, no call records at all, but you'll likely have phone bills and so on, having been in Canada.

Sworn letters (especially from family) corroborating and supporting your relationship are apparently key, as well as any greeting cards sent to you both. Mail addressed to both of you (not necessarily on the same envelope, but at the same address) can be helpful. Even if you think something is insignificant, it can help. Don't fill up your app with trivial stuff, but make it easy for the IO (Immigration Officer) to follow and see that you're serious about each other.

There was someone not too long ago who posted on this board and got everything done inland in 10 months, which is very fast. They thought that this was probably based on the detailed "timeline story" of their relationship that they'd submitted - that's something I would definitely appreciate and want to see as an IO.

(again, I'm no expert - just trying to be helpful! Hopefully some of this helps you...)

GOOD LUCK!! this forum has been the best resource I've found for this process. There are great people with great advice here. Stick with it, and don't worry too much - if you're for real (and I have no doubt that you are) the IO will see it. Keep us posted!

[creative.overflow]

RobsLuv & cdarroch

thx for all the tips and advice.
my gf last week went to a japanese immigration lawyer who helped her with some tips.
one thing he mentioned was that it was easier/faster for her to do the visa application outland and that we should apply as common-law.


one other question which may sound stupid...
Looking over the forms...  the application to sponsor and undertaking ...
theres a part that asks for my martial status.  since i am applying for common-law .. should i check off the common-law box?
or should i check off never married?

it's weird to apply for something but say that you're already it.   know what i mean?
but i guess its more of applying for the visa and not the status.

again.. thx for all your help! much appreciated!