Am I eligible for common law and spousal sponsorship?

[vrstar]

I am a US citizen attempting to immigrate to Ontario, Canada. I've been in the country for a little over 3 years. The first two years I was here I went to school and currently have a post-graduation work permit for 3 years. I have about a year and a half left on that.

Recently, I had a consultation with someone who told me my only option to finalize immigration was through CEC, the experience class, and said that since my job is low skilled my ONLY OPTION to get permanent residency is to miraculously find a supervisory position within the next month and a half and keep it for a year, working no less than 30 hours a week. He made my options seem absolutely bleak.

However, I have been dating my Canadian partner the entire time I've lived here and, in fact, we have lived together since I came to Canada. A friend of mine, also from the US, was recently approved for common-law and encouraged me to seek that avenue.

My partner and I have been living together for about 3 years. We live in Ontario and are both interested in seeking a common law union because we would both like for me to remain in Canada and feel our relationship is ready to be defined as a common law partnership. Our relationship is genuine, I could probably pull pictures of the two of us from the entire timeline of our relationship and have more than a few people who could vouch for the validity of our feelings. However, we both currently live with her parents and do not pay rent aside from the occasional covering of a bill in her parents' name. Neither of us make even 20k a year and work part-time.

So, here is my question.

Can we be considered common law if we are living with her parents? I have seen similar questions in the past that say it is possible but I am wondering how we prove that without a bill in both of our names? If we acquired one now, would we be able to apply as having lived together so long even though our joint bill was so recent?

Also, assuming we do get common law, would she be able to sponsor me for PR considering she makes less than 20k a year and we live with her parents? Obviously our end goal is to move out but I am hoping to go back to school once I get PR and as such we haven't been in a huge rush to move out.

Since my visa expires in less than 2 years I am pretty frantic. I don't know if I should be trying my hardest for CEC at this point or if common law and spousal sponsorship is actually in the cards for us. Since I am a transman going back to the US is not a viable option at this point and one I would like to avoid at all costs, since Canada is the place my girlfriend and I intend to stay.

 

[WeegieInOttawa]

Yes you certainly can apply for common law and while living with her parents and your lack of utility bills etc makes your evidence a little harder to pull together its certainly not a huge problem.

Her parents can write an affidavit confirming your living arrangements. Its a surprisingly common scenario that CIC is used to seeing.

I would look at the application checklist now (bear in mind these do get updated but it will give you an idea) and see what you can and cannot provide from the options given. Given that you have just under 2 years left on your current permit you have time to "get" some of that evidence sorted (ie sign up joint accounts, insurance polices etc) so that when you apply you have them.

Applications should be processed within 12 months (this is not a guarantee but a reasonable timeline to expect). They often take less. 18 months is (should!) be more than enough time.

No minimum income requirements for common law sponsorship. Sponsor can't be receiving benefits that's all.

Should you want to get married you can also go down the spousal sponsorship route. I applied common law so I don't know as much about that but the general idea/evidence required is the same.

This forum will become your go to aid when applying.. It's a great source of help and guidance and everyone here is super helpful.

 

[Rob_TO]

Can we be considered common law if we are living with her parents? I have seen similar questions in the past that say it is possible but I am wondering how we prove that without a bill in both of our names? If we acquired one now, would we be able to apply as having lived together so long even though our joint bill was so recent?

Her parents would need to create a formal rental/lease agreement for you, and they could back-date it to when you actually moved in. You can simply download a sample agreement online and fill it in. Should also get it certified/notarized.

Other proofs of cohabitation include shared bank/credit card accounts, mail delivered to same address, insurance with each other listed as beneficiaries, showing shared shopping for household items, testimonial letters from friends, family, neighbors, etc.

I hope both of you changed your tax status with CRA from single to common-law, at the time you reached 12 months living together (after living together 12 months you are legally common-law for tax purposes whether you want to or not). If you didn't, then in any years you filed taxes as single when in fact you were common-law, you have actually committed tax fraud. You should go back and do re-assessments of previous tax years if required. Showing change of status with CRA to common-law is another proof you can include with PR app.

Also, assuming we do get common law, would she be able to sponsor me for PR considering she makes less than 20k a year and we live with her parents? Obviously our end goal is to move out but I am hoping to go back to school once I get PR and as such we haven't been in a huge rush to move out.

Yes it's fine, as there is no minimum income requirement. Her parents can also write a letter of financial support.

 

[canuck_in_uk]

My partner and I have been living together for about 3 years. We live in Ontario and are both interested in seeking a common law union because we would both like for me to remain in Canada and feel our relationship is ready to be defined as a common law partnership.

Can we be considered common law if we are living with her parents? I have seen similar questions in the past that say it is possible but I am wondering how we prove that without a bill in both of our names?

Since my visa expires in less than 2 years I am pretty frantic.

You don't "seek a common-law union". It is a de facto status, not something that you apply for. You ARE common-law and have been since 1 year after you moved in together. As Rob stated, if you have been filing taxes as single, you have been committing tax fraud. You need to correct that and if you guys have received any tax credits/benefits, you will likely owe quite a bit of money.

As said above, there are many common-law proofs beside joint bills.

2 years is more than enough time, so no reason to be frantic.