Spousal visa

[d-lo]

Evening all. Would love some feedback on our situation.
My Canadian girlfriend (37 years) and I (British - 45 years) met in the UK in 2014. We lived together for a year while she studied on a Student visa. When the visa ended we continued a long distance relationship, maintaining a relationship daily by phone, skype, Facebook and emails.
The latest was she came back to the UK in March this year for a week and I came to Canada for 3 weeks in May. She returned in July until August.
I have recently come back to Canada since August 23rd on a Tourist visa. We are living together and I will stay for 177 days to stay within the 180 day restriction.
We are doing everything to remain together and find a way through this visa with as little mess as possible

So I apologise but my question is going to be obvious...

- Can we justify applying for Common Law partner or not?

If not Common Law (I know we have to be together for 12 consecutive months): What are the best of the following options?

If I remain living in Canada on a tourist visa for 177 days.
- How can we aggregate 365 days of living together if I can only stay in Canada for less than 180 days on a tourist visa?

When I leave on 177 days, I assume I will stay away for a short period of time and return.
- Will this be questioned at immigration?
- Will I be allowed back into Canada?
- Can I change to a Visitor visa to complete the 365 days of living together and so no need to leave?

Marriage?

If I remain living in Canada - we can get married (I know legally you are not meant to get married just for a visa)
- Can we apply for Permanent Residence (Inland) as soon as we get married and then also an Open Work Permit (OWP) whilst we wait?

Thank you very much for your time.
Best
D&Lo

 

[Hurlabrick]

Evening all. Would love some feedback on our situation.
My Canadian girlfriend (37 years) and I (British - 45 years) met in the UK in 2014. We lived together for a year while she studied on a Student visa. When the visa ended we continued a long distance relationship, maintaining a relationship daily by phone, skype, Facebook and emails.
The latest was she came back to the UK in March this year for a week and I came to Canada for 3 weeks in May. She returned in July until August.
I have recently come back to Canada since August 23rd on a Tourist visa. We are living together and I will stay for 177 days to stay within the 180 day restriction.
We are doing everything to remain together and find a way through this visa with as little mess as possible

So I apologise but my question is going to be obvious...

- Can we justify applying for Common Law partner or not?

If not Common Law (I know we have to be together for 12 consecutive months): What are the best of the following options?

If I remain living in Canada on a tourist visa for 177 days.
- How can we aggregate 365 days of living together if I can only stay in Canada for less than 180 days on a tourist visa?

When I leave on 177 days, I assume I will stay away for a short period of time and return.
- Will this be questioned at immigration?
- Will I be allowed back into Canada?
- Can I change to a Visitor visa to complete the 365 days of living together and so no need to leave?

Marriage?

If I remain living in Canada - we can get married (I know legally you are not meant to get married just for a visa)
- Can we apply for Permanent Residence (Inland) as soon as we get married and then also an Open Work Permit (OWP) whilst we wait?

Thank you very much for your time.
Best
D&Lo

For common law you need to prove you have lived together 'as man and wife' continuously for 12 months uninterrupted (which you say you did when she was studying). Do you have evidence to prove this (bills, proof of same address, joint utility bills etc.)? If so then you can go for common law.

But honestly, why not just get married? You have a sufficiently long history of a relationship with spells of living together that marriage would be an 'obvious' next step. Once you are married and have your certificate, you can apply fo0r spousal sponsorship immediately, either inland or outland.

 

[canadianwoman]

When you are here as a visitor, you will probably be given a 6 months stay by the border official. However, about one month before the stay ends, you can apply to have it extended. You can give as your reason wanting to establish common-law status for a spousal sponsorship. Of course, if you can prove you lived together for 12 consecutive months, you can apply now.

 

[canuck_in_uk]

For common law you need to prove you have lived together 'as man and wife' continuously for 12 months uninterrupted (which you say you did when she was studying). Do you have evidence to prove this (bills, proof of same address, joint utility bills etc.)? If so then you can go for common law.

But honestly, why not just get married? You have a sufficiently long history of a relationship with spells of living together that marriage would be an 'obvious' next step. Once you are married and have your certificate, you can apply fo0r spousal sponsorship immediately, either inland or outland.

And how do same-sex couples prove that they lived together as "man and wife"?

 

[d-lo]

Thanks everyone
Some great advice.
The only thing regarding marriage is that we would probably not do it just yet. However the situation would motivate us to make it happen sooner than later - but I was just a bit concerned that the small print (you can't marry just to stay in the country) would apply.
I will always give helpful advice the benefit of the doubt canuck_in-uk and assume Hurlabrick was reflecting my situation and not excluding those of same sex couples.
All the best everyone and thanks again

 

[canuck_in_uk]

Thanks everyone
Some great advice.
The only thing regarding marriage is that we would probably not do it just yet. However the situation would motivate us to make it happen sooner than later - but I was just a bit concerned that the small print (you can't marry just to stay in the country) would apply.
I will always give helpful advice the benefit of the doubt canuck_in-uk and assume Hurlabrick was reflecting my situation and not excluding those of same sex couples.
All the best everyone and thanks again

By "marrying for immigration", they mean marrying marrying solely for immigration without having a real relationship, i.e. a Marriage of Convenience.

When you have an established geniune relationship, it is a different situation. You would not be an MOC risk and a marriage would not be suspicious.

I am sure hurlabrick meant no offence. Perhaps they will choose their words more appropriately in future.

 

[d-lo]

Cheers
Point well made