Common-law and Covid

[katkit]

Hello,

I am an male IMG in a relationship with a Canadian citizen and we are currently living together in Poland. We will graduate in june 2021 and want to move to Canada to live with her family in Alberta for the first time beeing as I will need a PR to apply for medical residency. We have been in a relationship for soon 5 years, living in each others apartement back and forth, had a common apartment for the last 14 months, but due to Covid-19 have not been able to stay together for 12 consecutive months on paper as she went home to Canada and I went home to Norway to work during the pandemic.

This raises many questions for us that are hard to answer with information online:

1) Do I have a chance to get sponsored as a Common-Law as long as we are able to prove that we have been in a long term exclusive relationship, or must the criteria of 12 consecutive months living in a commonly signed apt. together be met with no exceptions what so ever? I am confused about if the point is to live together for 12 months or just convince the office that the relationship is real, which should be pretty easy with years of messages, photos etc.

2) Would you recommend applying for the first spousal sponsorship now or wait until we have met the absolute criteria for common/law (10 months form now)? Will the first application affect a possible second one?

3) As i understand there is a difference in application times for living in Canada and abroad, how will that be affected by me moving to Canada (on a tourist or work visa) while the application is processed?

4) Should we both move to Canada June 2021 (because living outside Canada while I am able to get a visa looks bad) or should I stay abroad untill my application has been sent? If i understand it correct my partner would then also have to stay abroad with me untill we can prove we are common-law.



Thank you for any help!

 

[scylla]

Hello,

I am an male IMG in a relationship with a Canadian citizen and we are currently living together in Poland. We will graduate in june 2021 and want to move to Canada to live with her family in Alberta for the first time beeing as I will need a PR to apply for medical residency. We have been in a relationship for soon 5 years, living in each others apartement back and forth, had a common apartment for the last 14 months, but due to Covid-19 have not been able to stay together for 12 consecutive months on paper as she went home to Canada and I went home to Norway to work during the pandemic.

This raises many questions for us that are hard to answer with information online:

1) Do I have a chance to get sponsored as a Common-Law as long as we are able to prove that we have been in a long term exclusive relationship, or must the criteria of 12 consecutive months living in a commonly signed apt. together be met with no exceptions what so ever? I am confused about if the point is to live together for 12 months or just convince the office that the relationship is real, which should be pretty easy with years of messages, photos etc.

2) Would you recommend applying for the first spousal sponsorship now or wait until we have met the absolute criteria for common/law (10 months form now)? Will the first application affect a possible second one?

3) As i understand there is a difference in application times for living in Canada and abroad, how will that be affected by me moving to Canada (on a tourist or work visa) while the application is processed?

4) Should we both move to Canada June 2021 (because living outside Canada while I am able to get a visa looks bad) or should I stay abroad untill my application has been sent? If i understand it correct my partner would then also have to stay abroad with me untill we can prove we are common-law.



Thank you for any help!

1) In order to be sponsored, you need to prove you are common law which means proving that you have lived together continuously at the same address for at least one full year. Proving you are in a relationship is not sufficient. You need to show 1 year of cohabitation through things like joint leases, joint bank accounts, joint utility bills, etc. There are no exceptions to this. If you can't prove that you have lived together continuously for one full year, then for Canadian immigration purposes you will not be classified as common law.

2) There is no point in applying unless you meet the common law requirements and can provide evidence that you have lived together for at least one full year. You need to wait.

3) There really isn't much of a difference now. You can certainly move to Canada on a work visa while the application is being processed. Note that you cannot move to Canada on a tourist visa. You can only visit on a tourist visa.

4) It's really your choice. However you have to make sure you have lived together for one year straight in one shared apartment / house before you can say you are common law and apply as a common law couple.

 

[armoured]

2) Would you recommend applying for the first spousal sponsorship now or wait until we have met the absolute criteria for common/law (10 months form now)?

As other post says, you cannot apply under common law until you have that 12 month living together continuously.

Keep in mind: the process to get PR can take a year, and even longer (esp in covid times). (Sometimes shorter but not at all guaranteed)

You should both consider whether marrying is in fact the best option. It would allow you to apply as soon as you have the marriage certificate. (Civil marriage likely fine)

Your spouse will need to show that has plans to move to Canada (i.e. upon graduation). The rest of your relationship documentation and history will be useful to demonstrate a genuine relationship.

You can of course choose to wait, but it may mean longer periods apart and further difficulties with establishing common law (based on your timeframe).

 

[katkit]

1) In order to be sponsored, you need to prove you are common law which means proving that you have lived together continuously at the same address for at least one full year. Proving you are in a relationship is not sufficient. You need to show 1 year of cohabitation through things like joint leases, joint bank accounts, joint utility bills, etc. There are no exceptions to this. If you can't prove that you have lived together continuously for one full year, then for Canadian immigration purposes you will not be classified as common law.

2) There is no point in applying unless you meet the common law requirements and can provide evidence that you have lived together for at least one full year. You need to wait.

3) There really isn't much of a difference now. You can certainly move to Canada on a work visa while the application is being processed. Note that you cannot move to Canada on a tourist visa. You can only visit on a tourist visa.

4) It's really your choice. However you have to make sure you have lived together for one year straight in one shared apartment / house before you can say you are common law and apply as a common law couple.

Thank you so much for your reply!

 

[canuck78]

Thank you so much for your reply!

Would add that both you and your spouse may both struggle to get residency spots in Canada. That is a big challenge even for returning Canadian citizens.