Common law and visa extension help!!

[Champion D]

Hey everyone I am new to this forum and I would really like some help. I am from a visa exempted country and I have been with my bf for seven months now and have been living together for 2 months. He plans to sponsor me via the common law route the problem is my status would expire around the eight month that we have been living together. I know I need to changed conditions of my visa to a visitor as I am a student here and my study permit will be expired. My first question is when applying for an extension to continue our relationship what should I tell the officer and what proof should I give? Also would it be a problem if i send my application 2 weeks in before my current status expires? Also to meet common law requirements you have to be living together for a year and have combined affairs, do you have to have those affairs for the entire year or is it ok to combine your affairs 4 months into the living together period. I really need help as this is alot of information needed and requires alot of research.


Thanks in advance for your replies!

 

[CharlieD10]

1) You may cite as your reason for requesting the extension that you are preparing to apply for sponsorship, and wish to continue cohabiting to meet the requirements for common-law. Proof includes your joint tenancy/lease agreement, proof of funds to support yourself, and proof of your current status (passport stamp or visitor record).

2) You really should aim to send in the application for the extension around 30 days before the current status expires, but they won't kill you if it's less than the 30.

3) It is expected that combining your affairs will be a gradual progression, not a single event. The moving-in together date is what you need to establish first, as that is the basis of your status.

 

[Champion D]

Hey thanks so much CharlieD for your response but wouldn't they frown upon my reason and they may think that I would not leave at the end of my stay? That being said how can I prove that I will not stay, also thanks for clearing up the combining affairs as I was really. Should we take the outland or inland route?

Thanks again

 

[Champion D]

Heu anybodu else with advise pleas help!!!

 

[CharlieD10]

No, they won't. It's a perfectly legitimate reason, they see it and accept it all the time.

Outland is generally faster, especially if you are from a visa-exempt country. Outland applications also allow you freedom to leave the country and return if necessary, and preserves your right to appeal in the event your application is denied.

 

[Maid_Marian]

Hi!

Just something to add: I'm came to Canada on a work permit, then had to change my status to visitor once my permit expired and we applied outland for permanent residency as common law partners (after living together for a year). The route you apply (outland vs inland) does dictate what you put as your reason for extending your stay. If you're applying inland, you just need to say that you're staying with your partner while your application is processed. BUT, if you're applying outland (like me), Canada Immigration need to be reassured that you intend to leave after your visitor extension expires. I asked for a 6 month extension, stating that we would be travelling around Canada (which we have been doing). If you are applying outland and you put in your visitor extension application that you are staying while you process, they have every right to reject your application, as the visitor certificate is meant to be temporary and issued only to people who intend to return to their home country. By applying outland, you have to maintain your status here in Canada independently from your PR application, whereas people applying inland have implied status during the application by the nature of their inland application.

Also, I'm sure you understand this already, but you must live together for a full year before you're considered common-law and can apply for permanent residency. You have to sign a legal document called a Declaration of Common Law Union, which is witnessed by a Notary Public and this goes with your application.

On the upside, applying to become a visitor is all online and quite easy! So it's not all bad....

 

[Champion D]

Thanks for the additional info........the time for extending my visa is drawing near and I am just so worried about stating my reasons especially if my boyfriend would be the one supporting me.....should i state that or let my family at home do it as I am young and left my home country at a young age so I would not personally be able to support myself.