Spousal sponsorship

[gigi1612]

Also this may help anyone whom is trying to determine if they meet the qualifications for common-law.
PLEASE READ BELOW! (sorry for the long post)

Recognition of a common-law relationship
A common-law relationship is fact-based and exists from the day in which two individuals
demonstrate that the relationship exists on the basis of the facts. The onus is on the applicants to
prove that they are in a conjugal relationship and that they are cohabiting, having so cohabited for
a period of at least one year, when the application is received at CPC-M.

A common-law relationship is legally a de facto relationship, meaning that it must be established
in each individual case, on the facts. This is in contrast to a marriage, which is legally a de jure
relationship, meaning that it has been established in law.  

What is cohabitation?

“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs
and set up their household together in one dwelling. To be considered common-law partners, they
must have cohabited for at least one year. This is the standard definition used across the federal
government. It means continuous cohabitation for one year, not intermittent cohabitation
adding up to one year. The continuous nature of the cohabitation is a universal understanding
based on case law.  

While cohabitation means living together continuously, from time to time, one or the other partner
may have left the home for work or business travel, family obligations, and so on. The separation
must be temporary and short.

The following is a list of indicators about the nature of the household that constitute evidence
that a couple in a conjugal relationship is cohabiting:
• Joint bank accounts and/or credit cards;
• Joint ownership of residential property;
• Joint residential leases;
• Joint rental receipts;
• Joint utilities accounts (electricity, gas, telephone);
• Joint management of household expenditures;
• Evidence of joint purchases, especially for household items;
• Correspondence addressed to either or both parties at the same address;
• Important documents of both parties show the same address, e.g., identification documents,
driver's licenses, insurance polices, etc.;
• Shared responsibility for household management, household chores, etc.;
• Evidence of children of one or both partners residing with the couple;
• Telephone calls.

These elements may be present in varying degrees and not all are necessary to prove
cohabitation. This list is not exhaustive; other evidence may be taken into consideration.

How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?

According to case law, the definition of common-law partner should be read as “an individual who
is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the
partners may live apart for periods of time without legally breaking the cohabitation. For example,
a couple may have been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at present (see also 5.44
for information on persecution and penal control). Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the
past for at least one year and intend to do so again as soon as possible. There should be
evidence demonstrating that both parties are continuing the relationship, such as visits,
correspondence, and telephone calls.  

This situation is similar to a marriage where the parties are temporarily separated or not
cohabiting for a variety of reasons, but still considers themselves to be married and living in a
conjugal relationship with their spouse with the intention of living together as soon as possible.
For common-law relationships (and marriage), the longer the period of separation without any
cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still
exists.

I think this covers the most important points.  

[Love_Young]

Hehe *high five* gigi1612. I think we did good together on this. 

[gigi1612]

Hehe *high five* gigi1612. I think we did good together on this. 

yeap!!!  *high five* Love_Young   

[glak1234]

Yeah, I was only wondering because there are 4 spots to enter dates underneath the question, so I thought that I could write the times at which I was there say 2 months living with him or so, but I guess it doesn't apply. Thanks for the help though!

[glak1234]

Think this picture was appropriate to share here, since we are all waiting to be with someone!
 

[gigi1612]

Think this picture was appropriate to share here, since we are all waiting to be with someone!
 

Nice picture.

I'm lucky I'm with my hubby. Some people applying outland stay separate forr more than 18 months!!!

[Makool]

Nice pic I like it.....and still waiting for that passport...so frustrating..

[Stumpedmom]

Love the pic....just adds to the tears I have had for the past week and a half...I really don't know how we survive and not too sure how much longer I can survive like this....its killing me....

[abhi292000]

Halo Frns,
I need help and advise for u all...i m on PR landed on 11th may 2010......i m single.....my concern is i want to apply for my mom and dads dependant visa..can u pls tel me how long the process takes and what are chances of visa...they dont have anyone in India except my sister who is married and i wnat to calll them asap........secondly i m getting married end of this year...and i  thinking of applying visa for a spouse and my fly 2gether...wil that mtter.

i need to call my parents here at any cost.....pls let me know ur expert comments......can i apply for their dependant visa or should i wait till i get my citizenship..pls advise me

thanks abhi

[fingerscrossedinsask]

Long time reader first time poster! ... I want to say thank you to everyone for all of your posts they are a great resource!!
Hopefully I have just a quick question .....
I have sponsored my husband and all the paperwork has been submitted ... yesterday he got the letter requesting his passport be taken to the embassy ... the letter states "Passports (and any other requested documents) should be submitted at the Immigration Counter at the Embassy of Canada from Monday to Thursday, between 8:00 am and 10:30 am.
Provide your documents are submitted prior to 10:30 am, you will be asked to return to the Immigration Section entrance at 15:00 to pick up your results." ....
Ok so my question is .... Could I possibly start to hope that he could be here for Easter??
Thanks for any response!

[glak1234]

Love the pic....just adds to the tears I have had for the past week and a half...I really don't know how we survive and not too sure how much longer I can survive like this....its killing me....

We're all in the same boat.
All good things come to those who wait

[gigi1612]

Halo Frns,
I need help and advise for u all...i m on PR landed on 11th may 2010......i m single.....my concern is i want to apply for my mom and dads dependant visa..can u pls tel me how long the process takes and what are chances of visa...they dont have anyone in India except my sister who is married and i wnat to calll them asap........secondly i m getting married end of this year...and i  thinking of applying visa for a spouse and my fly 2gether...wil that mtter.

i need to call my parents here at any cost.....pls let me know ur expert comments......can i apply for their dependant visa or should i wait till i get my citizenship..pls advise me

thanks abhi

Once you're landen and living in Canada, you can sponsored your parentss. Unfortunately, The process can take up to 10 years.

[Carolvsky]

Thanks to LEON! It helped a lot!

But I still have some questions:

Hello Everyone!  

I'm a Brazilian and I'll get married in Canada next September to a Canadian citizen, living in Canada. We are together it's been 13 months and he already came to Brazil 3 times and I went to Canada once, for 2 months straight.

I'll be leaving Brazil in August with my tourist visa. Obviously I have some questions as I'm concerned about the Permanent Resident Visa:

1- If I leave Brazil in August and get married 1 month later, will it be considered as a fraud? Should I wait 61 days after I arrive to do it so, considering I have to go back to Brazil for a while after that?

2- My passport expires on 2013. As soon as I get the PR visa, the passport will be near to expire. What should I do then?

Thank you very much in advance. Please I'm looking forward a reply.

Tchau!

[leroadrunner]

Thanks to LEON! It helped a lot!

But I still have some questions:

Hello Everyone!  

I'm a Brazilian and I'll get married in Canada next September to a Canadian citizen, living in Canada. We are together it's been 13 months and he already came to Brazil 3 times and I went to Canada once, for 2 months straight.

I'll be leaving Brazil in August with my tourist visa. Obviously I have some questions as I'm concerned about the Permanent Resident Visa:

1- If I leave Brazil in August and get married 1 month later, will it be considered as a fraud? Should I wait 61 days after I arrive to do it so, considering I have to go back to Brazil for a while after that?

2- My passport expires on 2013. As soon as I get the PR visa, the passport will be near to expire. What should I do then?

Thank you very much in advance. Please I'm looking forward a reply.

Tchau!

First of all Bem-vindo!

1) You will not be considered a fraud...but the onus is on you (the couple) to prove the legitimization of your relationship. You will have to be careful when coming to Canada the next time, your intentions. They (IO) look very wrongly on dual-intent, so coming as a visitor and wanting to marry. I do not want to make you freak out, just be careful. Dont offer information, but do not lie about your intentions.

2) Once you are married in Canada and have submitted your PR application, you can get your visitor visa extended (it is implied I think).

And third, you didnt ask, but just in case. Even if you are in Canada, you should probably apply outland for a speedier process.

Nice to see someone else from Brazil.

Até mais tarde

Tchau

[CandyRizzo]

Hi Guys!
I have a very complicated situation.
I'm a PR holder in Canada, my boyfriend stays illegally in US for already 5 years.What are the options for him to come to Canada?Does he need to go back to his home country?When he will leave the States voluntarily he will obligatory to stay out of the US for may be 10 years. Is it possible to be together somehow in Canada?   
Sorry if the same question was already discussed.In this case please refer me to the right place where I can find an answer.
Thank you