Common Law

[angela543]

Me and my boyfriend want to apply as a common-law marriage, (my boyfriend being the one sponsoring me) but we haven't been living together and would like to, would i need to get a tourist visa per say to live with him legally & consistently for 1 year? then afterwards we can apply? or can i live with him legally for a year as long as he is sponsoring me and apply afterwards?

If anyone could help me out it'd be very appreciated.

 

[Hurlabrick]

Me and my boyfriend want to apply as a common-law marriage, (my boyfriend being the one sponsoring me) but we haven't been living together and would like to, would i need to get a tourist visa per say to live with him legally & consistently for 1 year? then afterwards we can apply? or can i live with him legally for a year as long as he is sponsoring me and apply afterwards?

If anyone could help me out it'd be very appreciated.

You cannot apply for common law spousal sponsorship until you have been living together for at least one year - pretty much continuously (and have various bits of evidence to prove this). You must also show a degree of 'financial entanglement' (things you have in joint names) - basically married in all but name.

Your problem may well be HOW to live together and where you can do so. Are you from a visa exempt country for Canada? You may be able to visit for 6 months and you can ask for one year, but it is up to the CBSA officer whether he will grant you this or not. Of course as a visitor you will not be able to work etc.

 

[angela543]

You cannot apply for common law spousal sponsorship until you have been living together for at least one year - pretty much continuously (and have various bits of evidence to prove this). You must also show a degree of 'financial entanglement' (things you have in joint names) - basically married in all but name.

Your problem may well be HOW to live together and where you can do so. Are you from a visa exempt country for Canada? You may be able to visit for 6 months and you can ask for one year, but it is up to the CBSA officer whether he will grant you this or not. Of course as a visitor you will not be able to work etc.

Yes its mainly how to live together, I am from the US, we've been in a relationship for a year already. So I know we can apply as a Conjugal partner sponsorship, but the only reason we haven't lived together is because like I mentioned in the original post, I am unsure how to live there for one year legally.

 

[canuck_in_uk]

Yes its mainly how to live together, I am from the US, we've been in a relationship for a year already. So I know we can apply as a Conjugal partner sponsorship, but the only reason we haven't lived together is because like I mentioned in the original post, I am unsure how to live there for one year legally.

You most definitely cannot apply as conjugal. There are no legal or immigration barriers preventing you from becoming common-law or marrying.

Come to Canada as a visitor. You are coming to visit your partner, not moving to or coming to live in Canada. Do not bring more than the usual few bags with you. Apply to extend your stay as a visitor before your initial 6 months is up. State that you are becoming common-law to apply for sponsorship; pay the PR fees and include the receipt.

 

[scylla]

Yes its mainly how to live together, I am from the US, we've been in a relationship for a year already. So I know we can apply as a Conjugal partner sponsorship, but the only reason we haven't lived together is because like I mentioned in the original post, I am unsure how to live there for one year legally. So if i were to travel to Canada again and ask the CBSA officer if i could be there for a year, and they say no and won't allow me to be there that long, would I need to try a different route?

Just to reiterate what was said above, do not apply as conjugal. You don't qualify since you face no immigration barriers to marriage or common law. You will be refused if you apply through the conjugal stream.

 

[angela543]

You most definitely cannot apply as conjugal. There are no legal or immigration barriers preventing you from becoming common-law or marrying.

Come to Canada as a visitor. You are coming to visit your partner, not moving to or coming to live in Canada. Do not bring more than the usual few bags with you. Apply to extend your stay as a visitor before your initial 6 months is up. State that you are becoming common-law to apply for sponsorship; pay the PR fees and include the receipt.

So would I need to apply for a Visitor Visa or just buy a one way ticket like usual and go? & Where would I need to go to apply before my 6 months is up?

 

[canuck_in_uk]

So would I need to apply for a Visitor Visa or just buy a one way ticket like usual and go? & Where would I need to go to apply before my 6 months is up?

No, you don't need a visa. You just come to Canada.

You don't go anywhere. You apply online to extend your stay.

 

[angela543]

No, you don't need a visa. You just come to Canada.

You don't go anywhere. You apply online to extend your stay.

During that time could I apply for a work permit to help my partner? or would I get denied?

 

[scylla]

During that time could I apply for a work permit to help my partner? or would I get denied?

You cannot simply apply for a work permit - you don't qualify for one at this time. You would need to find an employer in Canada willing to offer you a job and that employer would most likely have to obtain an approved LMIA before you can apply for a work permit. Generally speaking it's very difficult to find employers willing to go through this process. However some people get lucky.

 

[angela543]

You cannot simply apply for a work permit - you don't qualify for one at this time. You would need to find an employer in Canada willing to offer you a job and that employer would most likely have to obtain an approved LMIA before you can apply for a work permit. Generally speaking it's very difficult to find employers willing to go through this process. However some people get lucky.

Oh okay, thank you for the help, i was very confused on how to go about this, everyone in this thread was a big help.Thanks.

 

[Hurlabrick]

Apply online to extend your Canadian visitor status here:

https://www.canada.ca/en/immigratio.../services/visit-canada/extend-stay/apply.html

 

[angela543]

Apply online to extend your Canadian visitor status here:

https://www.canada.ca/en/immigratio.../services/visit-canada/extend-stay/apply.html

Alright, thank you so much.

 

[mad_hatter]

If you are a US citizen and you are in one of the qualify professions, you can work in Canada under a NAFTA Visa which is easy to get.