inland/outland?common-law sponsorship

[maple2009]

im so stupid cause did not find out...i did find info, but im sorry asking and making new topic, if the answer is somewher...i did not find it though...if there is please let me know! thansk alot already!
after i have live a year with my boyfriend here in canada....we will apply common-law sponsorship.

* if we apply outland, can i be in canada then? if i can get my visa extensions.
i put my home address, and mailing address will be here in canada right?
* if i can be, can they ask me leave? if so, how long i have to be away?
* can i travel when they are procressing it.

i come from europe, i dont need to apply visitor visa. i am now unde 6months visa, i will apply extensions to it.
* should i tell the truth that i will apply extension cause my canadian boyfriend will sponsor me after a year?
he will suppport me, is it better to put his bank statement etc...so we can prove that i wont work.
*how i prove that i will leave when my visitor visa expires?

god, this is just so hard...im trying to read as much as i can, specially from here...
its not easy to come to canada....but its worth of it!

thanks alot for yout time...sponsoring will happen in dec2010, but i really want to know. and what have you put the reason for visa extension.... thanks alot!

 

[Swede]

Don't worry about asking the same question as someone else - that is the whole purpose of this forum.

To answer your questions:

• If you apply outland you can still stay in Canada as long as you have legal status. If you have legal status in Canada you can use your Canadian address as your residential address.
• If you do not have legal status you may not stay. Also, whenever you cross the border you have no right to be let in - it is up to the immigrations officer at the border crossing to decide whether or not to let you enter the country.
• You can travel, but they can frown upon travelling too much. Again, this is up to the people at the border.
• Always tell the truth. If you get caught not telling the truth anywhere you may get your residency application rejected. You will need to show proof of your ability to support yourself during your stay.

 

[maple2009]

thanks so much!

what you have told when you have apply extension to visitor visa?
i mean if you are planned to apply common-law sponsorship later?

orginal reasons were come to see my "boyfriend" ( we met on internet, and first time i saw him, was when i arrived
its crazy i know) and see my stepfathers family(my stepfather is canadian, but his backround is same as mine).
but i dont know how to tell the answer correct. and i know i need to apply extension to my visa few times.
has it happen to anyone that extension was denied and have to leave canada? did you come back of what?

its weird, apply common-law sponsorship outland...if you are living here with your canadian partner,how you can live
somewhere else? in my case, i dont have apartment in my home country, cause i live here.

i would be ready to marry him, but he is not. we have known so little time, and he will be married only once, that what he keep saying.
its annoying, but same time i undestand. it would be much faster and easier to apply spousal sponsorship....



thanks still, alot!!!

 

[hbwpg]

My American partner was denied re-entry when his 6 month visa expired and he's been back in the States for a little over 2 months now.

They denied his extension because he didn't have funds to support himself that were solely his - I was supporting him.

From what I understand, to be granted a common law visa you must provide a valid reason for not marrying - not wanting to is not a good enough reason.

If you don't have a home in your country it may be difficult for you to get an extension. My partner made that mistake. When the IO asked him what his address was he told him our address here in Canada - he didn't say his American address, which is still his legal address. That was the other reason they denied him - he didn't prove sufficient ties to his home country and was thus considered a risk.

A common law visa is as much a commitment as marriage - it's a 3 year commitment to support financially and be essentially responsible for that person.

We had contemplated that route but were quickly corrected. We then decided to wait to make a decision on immigration until we were ready to commit to each other by marriage. I'm flying down there in the next month to marry him and then we start the process.

At the border, when he attempted to re-enter (which is what we were advised to do, rather than apply), we told the IO we were considering a common law visa and wanted to renew for that reason. She said 'you should know by now whether you like each other. if you want to move here, marry her.'

thanks so much!

what you have told when you have apply extension to visitor visa?
i mean if you are planned to apply common-law sponsorship later?

orginal reasons were come to see my "boyfriend" ( we met on internet, and first time i saw him, was when i arrived
its crazy i know) and see my stepfathers family(my stepfather is canadian, but his backround is same as mine).
but i dont know how to tell the answer correct. and i know i need to apply extension to my visa few times.
has it happen to anyone that extension was denied and have to leave canada? did you come back of what?

its weird, apply common-law sponsorship outland...if you are living here with your canadian partner,how you can live
somewhere else? in my case, i dont have apartment in my home country, cause i live here.

i would be ready to marry him, but he is not. we have known so little time, and he will be married only once, that what he keep saying.
its annoying, but same time i undestand. it would be much faster and easier to apply spousal sponsorship....



thanks still, alot!!!

 

[maple2009]

hbwpg thanks alot! that helped alot.
i mean i have mail address in finland, but not aparment. the mail is going straight to post office(my mom pick it up for me).
but i will put that address to extension application. and mailing adrress my address in toronto.
so cause your partner havent money to support himself, you put there that you support him. and that was not enough???
it should be enough, cause if its not, my b/f can always give money, cash or something and i can support myself then. aargh...

this is so frustrating. i have read so much about this, that is better to marry and then sponsor. but my b/f wont do it yet.
(i think his brothers messy divorce has something to do with why he thinks that) thats is also so annoying, cause
i feel like he dont really really really love me, even if he says so...cause he is not willing to marry me. its just a piece of paper, it
wont change anything but i can stay here permanently.
have anyone have same kind of situtation?

its gonna be difficult and long year...

 

[hbwpg]

No, my supporting him didn't satisfy the IO at the border.

I'm sorry I can't be of more help to you. Just remember that was OUR situation and each one is entirely different.

That said, perhaps you two should wait until he's ready to marry.

I will say, though, that being willing to sponsor someone is as big of a commitment as marriage is. Sounds like you two need to consider your options.

You can always apply common law or conjugal, though the chances of being approved are far less because you must provide valid reasoning as to why you couldn't 1) marry (for common law) and 2) live together (for conjugal).

Good luck!!!

hbwpg thanks alot! that helped alot.
i mean i have mail address in finland, but not aparment. the mail is going straight to post office(my mom pick it up for me).
but i will put that address to extension application. and mailing adrress my address in toronto.
so cause your partner havent money to support himself, you put there that you support him. and that was not enough???
it should be enough, cause if its not, my b/f can always give money, cash or something and i can support myself then. aargh...

this is so frustrating. i have read so much about this, that is better to marry and then sponsor. but my b/f wont do it yet.
(i think his brothers messy divorce has something to do with why he thinks that) thats is also so annoying, cause
i feel like he dont really really really love me, even if he says so...cause he is not willing to marry me. its just a piece of paper, it
wont change anything but i can stay here permanently.
have anyone have same kind of situtation?

its gonna be difficult and long year...

 

[maple2009]

hbwpg thanks so much! it helps me alot!
hope everything goes well there too!


god this is so stressful, but im sure its worth of it!

if there is someone in same situtation, it would be nice to talk more...

 

[YorkFactory]

You do not have to show that you can't get married in order to qualify as a common-law partner. You just have to cohabit in a conjugal relationship and combine your affairs to the extent possible.

 

[hbwpg]

And that's the crazy thing, YorkFactory.

Old profs of mine, two of which were IOs before they began teaching, said that you don't technically have to prove you can't but it doesn't look good without a valid reason.

The IOs we've spoken with refused to provide an extension in order for us to continue living together and apply as common law. We were told give it up or get married.

We visited the immigration office here in the city and they said the same thing - without proof of why you won't marry, if it doesn't satisfy the IO, no dice.

So while it's possible it comes with a lot of red tape, it seems.

 

[maple2009]

:O im confused!

when i apply extension to my visa, how i can make them believe that i will leave the country when i
tell the truth and tell i want to stay with my boyfriend, so he can sponsor me.

and how they can say,you have to get married? thats so weird...

thanks alot for your reply though!

 

[hbwpg]

You can't make them believe anything. Just tell the truth and hope for the best. It all depends on the IO you get.

They can say whatever they want. We had wanted to apply common law but his reentry was refused, thus breaking up the 12 month continuous cohabitation, and she told us to get married instead because we 'had enough time to decide if we like each other.'

:O im confused!

when i apply extension to my visa, how i can make them believe that i will leave the country when i
tell the truth and tell i want to stay with my boyfriend, so he can sponsor me.

and how they can say,you have to get married? thats so weird...

thanks alot for your reply though!

 

[YorkFactory]

Old profs of mine, two of which were IOs before they began teaching, said that you don't technically have to prove you can't but it doesn't look good without a valid reason.

All of CIC's documentation indicates that a common-law relationship is equal to a marriage when you're evaluating whether someone is a member of the family class. I've yet to see anything to indicate otherwise.

The IOs we've spoken with refused to provide an extension in order for us to continue living together and apply as common law. We were told give it up or get married.

We're lucky in that we can live together without having to worry about being denied entry by CIC or CBSA (or anybody for that matter).

We visited the immigration office here in the city and they said the same thing - without proof of why you won't marry, if it doesn't satisfy the IO, no dice.

Again, since a common-law relationship is equivalent to a marriage, demonstrating that you are currently in a common-law relationship is the same thing as demonstrating that you are currently in a marriage. I don't doubt that applying as common-law requires more paper, though.

 

[hbwpg]

I've yet to see documentation indicating otherwise as well. That said, it was made impossible for us to apply common law because they took away our opportunity to qualify. And, frankly, they can.

We did demonstrate that we are in a common law relationship. We provided documentation. We were told no dice when we tried to extend his visa. That's the first hurdle. It also entirely depends on the IO you are dealing with. In our case she literally told us we have had enough time to decide if we like each other, and if we were married it would be a different result.

All of CIC's documentation indicates that a common-law relationship is equal to a marriage when you're evaluating whether someone is a member of the family class. I've yet to see anything to indicate otherwise.
We're lucky in that we can live together without having to worry about being denied entry by CIC or CBSA (or anybody for that matter).
Again, since a common-law relationship is equivalent to a marriage, demonstrating that you are currently in a common-law relationship is the same thing as demonstrating that you are currently in a marriage. I don't doubt that applying as common-law requires more paper, though.

 

[Karlshammar]

For sponsorship and PR applications common-law and marriage are equal, except for the additional paperwork requirements of common-law sponsorships.

 

[Leon]

I've yet to see documentation indicating otherwise as well. That said, it was made impossible for us to apply common law because they took away our opportunity to qualify. And, frankly, they can.

Yes, it is always their right to deny somebody a temporary entry, especially if they believe that the person is not planning on leaving again. I suppose you could go and stay with him for 6 months in order to qualify as common law if you really want to but sometimes it's just simpler to get married.