What to say at the Border

[Savande.Sem]

Hi all,

I'm currently in a common-law relationship with my partner, but I live in the US for now. We plan on having him sponsor me and we're getting ready to send in the application. Whenever I travel to Canada, the agents at the border always ask if I "plan to live in Canada." I've been answering "no," since I'm not planning on just squatting in Canada illegally. Once the application is sent in, will I run into complications crossing if I come back to Canada, tell them "yes," while my application is pending?

 

[canuck78]

Hi all,

I'm currently in a common-law relationship with my partner, but I live in the US for now. We plan on having him sponsor me and we're getting ready to send in the application. Whenever I travel to Canada, the agents at the border always ask if I "plan to live in Canada." I've been answering "no," since I'm not planning on just squatting in Canada illegally. Once the application is sent in, will I run into complications crossing if I come back to Canada, tell them "yes," while my application is pending?

Have you already lived together for one continuous years and do you proof that you have been living together for the full year! A lease with both your names on it, proof of utility bills with dates and either of your names for the full year, tax returns with the same addresses, informing CRA that you are common law, etc. Do you want to remain in Canada during the sponsorship period or do you want to cross back and forth. Have you left your job in the US? Are you giving up your housing in the US? Do you have enough savings to support yourself without work? Can your partner support the both of you with the salary in Canada?

 

[Savande.Sem]

We've "lived," together for over a year, but not continuously, I head back to the US every 3 months for around 2 months so as to not "overstay my welcome," for fear of not being allowed back in. Yes, we have a rental agreement with our names, proof of utilities, a joint bank account, but nothing tax related as I don't work in CAN.

When you say "sponsorship period," do you mean after the PR Card (hopefully) gets approved? If so, then yes. I was unsure if I was allowed to stay while the application was "pending," though.

I am self-employed in the US so I can work and not work at my leisure as my funds allow. My housing in the US is with family and although there is a "rent," being paid to them, there's no legally binding agreement. Yes, I have enough savings to support myself should I not work and yes, should the need arise, my partner can also support the both of us with his salary in Canada.

 

[scylla]

We've "lived," together for over a year, but not continuously, I head back to the US every 3 months for around 2 months so as to not "overstay my welcome," for fear of not being allowed back in. Yes, we have a rental agreement with our names, proof of utilities, a joint bank account, but nothing tax related as I don't work in CAN.

When you say "sponsorship period," do you mean after the PR Card (hopefully) gets approved? If so, then yes. I was unsure if I was allowed to stay while the application was "pending," though.

I am self-employed in the US so I can work and not work at my leisure as my funds allow. My housing in the US is with family and although there is a "rent," being paid to them, there's no legally binding agreement. Yes, I have enough savings to support myself should I not work and yes, should the need arise, my partner can also support the both of us with his salary in Canada.

So I assume you are getting married and then submitting the application?

 

[Ponga]

We've "lived," together for over a year, but not continuously, I head back to the US every 3 months for around 2 months so as to not "overstay my welcome," for fear of not being allowed back in. Yes, we have a rental agreement with our names, proof of utilities, a joint bank account, but nothing tax related as I don't work in CAN.

When you say "sponsorship period," do you mean after the PR Card (hopefully) gets approved? If so, then yes. I was unsure if I was allowed to stay while the application was "pending," though.

I am self-employed in the US so I can work and not work at my leisure as my funds allow. My housing in the US is with family and although there is a "rent," being paid to them, there's no legally binding agreement. Yes, I have enough savings to support myself should I not work and yes, should the need arise, my partner can also support the both of us with his salary in Canada.

I concur with @scylla since you are not truly common law partners if you have not cohabited together (anywhere) for 365 days or more. Leaving for ~2 months a couple/few times a year means you're really only living together for ~ 8 months, right?

 

[armoured]

We've "lived," together for over a year, but not continuously, I head back to the US every 3 months for around 2 months so as to not "overstay my welcome," for fear of not being allowed back in. Yes, we have a rental agreement with our names, proof of utilities, a joint bank account, but nothing tax related as I don't work in CAN.

You won't qualify as common law without the 12 months, continuous, residing together. They won't care about your lease if you've had multiple gaps like this. (You could have extended your stay by application to IRCC, but too late now). If you care to apply soon, you'll need to get married.

When you say "sponsorship period," do you mean after the PR Card (hopefully) gets approved? If so, then yes. I was unsure if I was allowed to stay while the application was "pending," though.

Sponsorship period is prior to becoming PR - after that, you were sponsored, but no longer a separate thing. (Except for sponsor who has a financial guarantee out there).

Once you get application in, you can basically stay. Prudent is to extend as above - routinely granted for couples with spousal application in hand.

 

[Savande.Sem]

I concur with @scylla since you are not truly common law partners if you have not cohabited together (anywhere) for 365 days or more. Leaving for ~2 months a couple/few times a year means you're really only living together for ~ 8 months, right?

Sorry, that may have been confusing, we've been together 4 years and cumulatively have cohabited for well over 365 days. It's just we haven't been able to consecutively be together because doing so would overstay the default 6 month period a US passport would give me.

 

[Copingwithlife]

Sorry, that may have been confusing, we've been together 4 years and cumulatively have cohabited for well over 365 days. It's just we haven't been able to consecutively be together because doing so would overstay the default 6 month period a US passport would give me.

That still wont work.
To be considered a common law relationship for immigration purposes, you must have lived together without any break for at least 12 months in a row.

Assessing a common-law relationship - Canada.ca

You come, stay for six months, then request an EXTENSION for a further six months stay to make it the 12 months in a row

Assessing a common-law relationship
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
In the immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship [R1(1)]. A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. The onus is on the applicant to prove that they have been living common-law for at least one year before an application is received at CPC-M.

 

[scylla]

Sorry, that may have been confusing, we've been together 4 years and cumulatively have cohabited for well over 365 days. It's just we haven't been able to consecutively be together because doing so would overstay the default 6 month period a US passport would give me.

Right. So that means you do not qualify for common law sponsorship. For common law, you must have lived together continuously for a minimum of 365 days.

 

[Savande.Sem]

That still wont work.
To be considered a common law relationship for immigration purposes, you must have lived together without any break for at least 12 months in a row.

Assessing a common-law relationship - Canada.ca

You come, stay for six months, then request an EXTENSION for a further six months stay to make it the 12 months in a row

Assessing a common-law relationship
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
In the immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship [R1(1)]. A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. The onus is on the applicant to prove that they have been living common-law for at least one year before an application is received at CPC-M.

Is "To fulfill the requirements for becoming common-law," a valid reasoning to extend my stay? Furthermore, in order to go the common-law route, let's just arbitrarily say, I arrive in Canada 12/5/2023. I request a 6 month extension ASAP so that I can stay until 12/5/2024. Then, on 12/5/2024, (when my extended Visa would run out), I submit the application in it's entirety and wait in Canada for a reply to that application and be considered in like a "pending," status thereby not breaking any laws and overstaying right?

 

[scylla]

Is "To fulfill the requirements for becoming common-law," a valid reasoning to extend my stay? Furthermore, in order to go the common-law route, let's just arbitrarily say, I arrive in Canada 12/5/2023. I request a 6 month extension ASAP so that I can stay until 12/5/2024. Then, on 12/5/2024, (when my extended Visa would run out), I submit the application in it's entirety and wait in Canada for a reply to that application and be considered in like a "pending," status thereby not breaking any laws and overstaying right?

Yes, this is a very valid reason for extending your stay. It's almost always approved. You would not request the extension as soon as you arrive in Canada. You would extend it at the very end of your allowed six month stay. You will then have implied status in Canada while you wait for a decision and your legal status will be maintained.

 

[Copingwithlife]

Is "To fulfill the requirements for becoming common-law," a valid reasoning to extend my stay? Furthermore, in order to go the common-law route, let's just arbitrarily say, I arrive in Canada 12/5/2023. I request a 6 month extension ASAP so that I can stay until 12/5/2024. Then, on 12/5/2024, (when my extended Visa would run out), I submit the application in it's entirety and wait in Canada for a reply to that application and be considered in like a "pending," status thereby not breaking any laws and overstaying right?

So approximately 30 days prior to the initial six month stay, you would go and request an additional six month stay to give you that 12 months required for commowlaw purposes. And yes you can give the reason you are extending it is to fulfill the requirements for becoming common-law and to submit a spousal sponsorship . People request the additional time to make the 12 months all the time. It is a totally valid reason to request an extension.

 

[Savande.Sem]

You would not request the extension as soon as you arrive in Canada. You would extend it at the very end of your allowed six month stay.

So approximately 30 days prior to the initial six month stay, you would go and request an additional six month stay to give you that 12 months required for commowlaw purposes.

Firstly, thank you all so much for the information, but these two statements are very conflicting. Would it be at the tail end or 30 days prior to even arriving?

 

[scylla]

Firstly, thank you all so much for the information, but these two statements are very conflicting. Would it be at the tail end or 30 days prior to even arriving?

I think there was a typo in the second person's response and they meant to say 30 days before the END of your initial stay. So we are essentially saying the same thing. You don't apply for the extension before you arrive. You can't do that.

 

[Ponga]

I always suggest waiting until you're all most at the end of your allowed stay, because as @scylla stated you would be under Maintained Status (formerly Implied Status) while the extension request/application is being processed.

Have a look at this, which is exactly what you will do doing, in essence:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

`Having 2 intents (initially for temporary residence and eventually for permanent residence) is legitimate.'

Since you do have strong ties `back home' you may have an easy time being approved.

Good luck!

Oh...and if you are able to work remotely for your clients that are NOT in Canada, you may* be able to do so without the need for a work permit. You cannot be remunerated from a Canadian company or person, obviously.

*Because of the new Digital Nomad program, I'm not sure if that old way of working [remotely] still applies, but it's worth looking into.