LDR partner applying for a visitors visa - are we commonlaw?

[jlindal]

My long distance partner is applying for a visa to visit Canada for the first time. She is enrolled in a grad program in her home country (Serbia) and will only stay for a few weeks to meet my family. I think the application should be straightforward, but we are not sure if we should indicate that we are in a commonlaw partnership or not.

We lived together in Serbia for almost exactly one year (about 368 days) from Sept.2017-Sept.2018. My residence permit there was registered at her address so we have documentation that we lived together during that time. I was enrolled as a student there but I dropped the program, and therefore couldn't stay, so I returned to Canada to find work. We don't have immediate plans to move in together in the near future but of course we plan to when it becomes possible again.

Do we qualify as commonlaw, and if so should we indicate that we are on her application? (I've heard that something like this could be a problem, because it might suggest she could be planning to overstay - is that true?)

Thanks!

 

[Bryanna]

My long distance partner is applying for a visa to visit Canada for the first time. She is enrolled in a grad program in her home country (Serbia) and will only stay for a few weeks to meet my family. I think the application should be straightforward, but we are not sure if we should indicate that we are in a commonlaw partnership or not.

We lived together in Serbia for almost exactly one year (about 368 days) from Sept.2017-Sept.2018. My residence permit there was registered at her address so we have documentation that we lived together during that time. I was enrolled as a student there but I dropped the program, and therefore couldn't stay, so I returned to Canada to find work. We don't have immediate plans to move in together in the near future but of course we plan to when it becomes possible again.

Do we qualify as commonlaw, and if so should we indicate that we are on her application? (I've heard that something like this could be a problem, because it might suggest she could be planning to overstay - is that true?)

Thanks!

Yes, you are common-law.

Your partner would need to demonstrate exceptional ties/reasons to return to Serbia + a good financial situation of her own + previous travel to other visa-required countries (US, UK, Schengen, Australia, NZ)

 

[jlindal]

Yes, you are common-law.

Your partner would need to demonstrate exceptional ties/reasons to return to Serbia + a good financial situation of her own + previous travel to other visa-required countries (US, UK, Schengen, Australia, NZ)

Thanks! She is enrolled in a Master's program in Belgrade which won't be completed for months after her trip - Is this a sufficient tie to Serbia?

She studied English in London so she has been to the UK at least three times.

She and her family are not in a good financial situation right now though. The plan was to stay with me and my family, and I/we would provide bank statements or whatever is needed to support that - will that be a problem for us?

 

[Bryanna]

Thanks! She is enrolled in a Master's program in Belgrade which won't be completed for months after her trip - Is this a sufficient tie to Serbia?

It would depend on the evidence she can provide for this. Other evidence such as a lease, scheduled exams, internship, part-time employment, etc could help.

She studied English in London so she has been to the UK at least three times.

If it was on a student visa then it won't help because she remained in the UK for long duration. Otherwise, short, recent visits would help for her travel history.

She and her family are not in a good financial situation right now though. The plan was to stay with me and my family, and I/we would provide bank statements or whatever is needed to support that - will that be a problem for us?

This along with the fact that you were common-law/in a relationship with her will most likely work against a TRV approval

 

[jlindal]

It would depend on the evidence she can provide for this. Other evidence such as a lease, scheduled exams, internship, part-time employment, etc could help.

As is common in Serbia, she lives with her parents, so no lease, and is a full-time student so she's never been employed. I'll see what we can find, thanks.

If it was on a student visa then it won't help because she remained in the UK for long duration. Otherwise, short, recent visits would help for her travel history.



This will work along with the fact that you were common-law/in a relationship with her will most likely work against a TRV approval

As is common in Serbia, she lives with her parents, so no lease, and is a full-time student so she's never been employed. I'll see what we can find, thanks.

The UK trips were as a teenager, so less than two months each. I don't know exactly what kind of visa but i'll find out. Thanks again.

If the common-law status plus financial situation hurt the chances of approval, how bad is it? Should we expect her to be rejected, or will it depend on the total application? On the other hand, the only evidence that we are common-law is that I was registered at her address (her parents actually) on my residence permit - no shared bills/accounts, etc, and I was barely there for twelve months. Is it possible to not state that we are common-law?

 

[Bryanna]

The UK trips were as a teenager, so less than two months each. I don't know exactly what kind of visa but i'll find out. Thanks again.

Was this in the last 10 years? Nonetheless, it won't help because of the length of each stay + visiting to learn English is usually not considered as a genuine purpose of visit (Read: It is possible to learn English in the home country instead).

If the common-law status plus financial situation hurt the chances of approval, how bad is it? Should we expect her to be rejected, or will it depend on the total application?

It's like this:
The visa officer would be inclined to believe she will overstay her visit due to her relationship with you + she will possibly apply for a spouse visa/PR depending on your immigration status.

On the other hand, the only evidence that we are common-law is that I was registered at her address (her parents actually) on my residence permit - no shared bills/accounts, etc, and I was barely there for twelve months. Is it possible to not state that we are common-law?

12 months is the exact duration that's considered common-law by Canadian immigration rules. You are common-law and this fact will emerge should you decide to take your relationship to the next level i.e. spousal PR sponsorship or a dependent spouse visa (temporary visa category).

You would not want your partner to risk getting a 5-years' ban for misrepresentation

 

[jlindal]

Was this in the last 10 years? Nonetheless, it won't help because of the length of each stay + visiting to learn English is usually not considered as a genuine purpose of visit (Read: It is possible to learn English in the home country instead).



It's like this:
The visa officer would be inclined to believe she will overstay her visit due to her relationship with you + she will possibly apply for a spouse visa/PR depending on your immigration status.



12 months is the exact duration that's considered common-law by Canadian immigration rules. You are common-law and this fact will emerge should you decide to take your relationship to the next level i.e. spousal PR sponsorship or a dependent spouse visa (temporary visa category).

You would not want your partner to risk getting a 5-years' ban for misrepresentation

Ok thank you very much. This has been very helpful.

 

[jlindal]

I have another question: after looking at the IMM5409 form, is it possible to sign if we are not in the same location? It looks like it requires the signature of a notary or someone who administered it, but my partner and I are not in the same country, and won't be before she comes to visit me in Canada. How can we fill out this form?

 

[Bryanna]

I have another question: after looking at the IMM5409 form, is it possible to sign if we are not in the same location? It looks like it requires the signature of a notary or someone who administered it, but my partner and I are not in the same country, and won't be before she comes to visit me in Canada. How can we fill out this form?

Not sure how you will be able to do it because it needs to be notarized by a Commissioner of Oaths