Common Law Sponsor

[2cookies]

Hello Eveyone
My partner was studying in my country for almost 2 years with a student visa and I ( Canadian Citizen currently not in Canada) was planning to sponsor her under Common Law.
But she overstayed (expired student visa) and need to go back to India (her home country) with high probability that she will be ban re-entry to my country (almost 3 years ban).
What option(if there is any) do we have?
Can we apply before she leaves?
Thank you all

 

[Naturgrl]

You say studying in my country but you say you are Canadian citizen. Are you proven common law - joint bank accounts, leases, taxes etc? Are you showing ties that you are returning to Canada - house, lease, job etc. She can apply but you are showing that she is coming to Canada with you. Processing is over 2 years.

 

[armoured]

Hello Eveyone
My partner was studying in my country for almost 2 years with a student visa and I ( Canadian Citizen currently not in Canada) was planning to sponsor her under Common Law.
But she overstayed (expired student visa) and need to go back to India (her home country) with high probability that she will be ban re-entry to my country (almost 3 years ban).
What option(if there is any) do we have?
Can we apply before she leaves?
Thank you all

The critical factual question you must answer: did you reside together (with sufficient evidence of the cohabitation as @Naturgrl mentions) for a continuous period of 12 months before she departed for her home country? If so, then you should be able to apply as common law (and the fact you've stopped residing together doesn't change that unless the relationship ended).

If you did not cohabit for a long enough period - then you are not common law and would have to get married before applying.

 

[2cookies]

You say studying in my country but you say you are Canadian citizen. Are you proven common law - joint bank accounts, leases, taxes etc? Are you showing ties that you are returning to Canada - house, lease, job etc. She can apply but you are showing that she is coming to Canada with you. Processing is over 2 years.

We have been together for 3 years now but proof of relationship will be tought since foreigner are not allow for joint account etc...but working on it
Ties that I am returning to Canada is not an issue (have relatives and friends who will help).
Just wanted to know if I can still apply for common law even if she is returning back to her home country but @armoured already answered.
Thank you Naturgrl

 

[2cookies]

The critical factual question you must answer: did you reside together (with sufficient evidence of the cohabitation as @Naturgrl mentions) for a continuous period of 12 months before she departed for her home country? If so, then you should be able to apply as common law (and the fact you've stopped residing together doesn't change that unless the relationship ended).

If you did not cohabit for a long enough period - then you are not common law and would have to get married before applying.

Yes we have been together for 3 years.
Does she have return back to my home country afterward or she can stay in her country as long as she want?

 

[Naturgrl]

Yes we have been together for 3 years.
Does she have return back to my home country afterward or she can stay in her country as long as she want?

Her immigration status outside Canada is not Canada' problem so look up those rules. She cannot return to my country which is Canada unless she has TRV with approved visitor record. You need to prove that you have lived together continuously - taxes, leases, utilities etc.

Relatives and friends cannot show that you are returning to Canada.

 

[Buletruck]

We have been together for 3 years now but proof of relationship will be tought since foreigner are not allow for joint account etc...but working on it
Ties that I am returning to Canada is not an issue (have relatives and friends who will help).
Just wanted to know if I can still apply for common law even if she is returning back to her home country but @armoured already answered.
Thank you Naturgrl

Just want to clarify that being together is not necessarily the same as living together in many parts of the world. Make sure you meet the criteria of cohabitating together (living in the same place and sharing a bedroom) for the required 12 months.

 

[armoured]

Yes we have been together for 3 years.
Does she have return back to my home country afterward or she can stay in her country as long as she want?

Assuming you have decent proof of your cohabitation - in theory, she can stay there as long as she wants. That said, if you spend a long time not residing together, IRCC will wonder what's going on / is it a live relationship.

But if you just mean while you prepare to return and while the sponsorship app is proceeding: as far as I'm aware, no problem. You'll have to explain of course why you're not residing together any more - and disclose the visa overstay in the other country. This may take a bit longer as well because most 'sponsor residing abroad' and they plan to 'return together' cases are where the sponsor and applicant are still residing together.

Do pay attention to demonstrating that you do intend to return to Canada.