Advice for sponsoring a Belgian partner

[khenderson]

Hello everyone, I've recently discovered this forum and I find it extremely helpful. I really hope someone could give some insight on our situation.

In plainest terms: I am a Canadian citizen and my partner is Belgian. We have known each other since December 2011 while she was on a working holiday Visa in Canada and we have dated for 13 months. We are currently living together in Belgium for almost 6 months and will continue to live together until my working holiday Visa expires mid-November and I will return to Canada. Our goal is for my partner to accompany me in Canada eventually and become a permanent resident. We are just at the start of the process and we feel pretty naive and a bit overwhelmed.

Should my partner and I apply as common law once we have lived together for 1 year? Does it have to be exactly 365 days? My stay in Belgium will be about 5 days short of that due to my flight arrangements. Or in order to shorten our time apart, should we apply now as conjugal? I have read that the application will take around a year, so we think the earlier we can start, the faster a response, however my guess is we would have a better chance of approval if we apply as common law. Also, is it easier to apply inland or outland? Can my partner still visit Canada while we are still applying?

We have considered marriage, but we don't want to get married for the sake of a Visa either. Of course we want to live together, but we want the right timing and for our marriage to be more than a licence. However I do have to ask, how much easier is the process if we do get married here in Belgium?

Thanks in advance

 

[scylla]

You don't qualify to apply as conjugal. Conjugal is for situations where it is impossible to live together and impossible to get married. You don't face either of these barriers.

You do have to live together for at least one full year to be considered common law. Being a few days short means that you don't technically meet that criteria. Make sure you live together for a full year before applying to ensure you don't run into any problems with your application.

Spend whatever money it takes and change your flight arrangements and stay in Belgium another week.

To apply inland, you and your partner must both be in Canada and your partner must continue living there while the application is being processed without leaving. If your partner is going to remain in Belgium then you must apply outland.

 

[costaudjoe]

Is your partner moving with you to Canada right away or at a later date?

If right away, then you could make a case for one year of living together. If at a later date then the previous poster proposes an interesting solution.

 

[khenderson]

Well that is exactly what we are trying to figure out, we want to try to organize some sort of plan in order to have the full year together. I wish I could stay a week longer in Belgium, but unfortunately my working holiday Visa will expire. We lived together for almost 2 month before she had to leave for Belgium and then which I joined her a month later, but I assume the year length has to be in continuous months.

 

[costaudjoe]

The reason I ask is because if she goes to Canada with you right away then that could be considered part of the twelve months (which need to be continuous).

I did this with my girlfriend. We lived together for 11.5 months in Montreal and she wanted to return to Korea as her sister was having a baby. I came along for some vacation and then we came back to Canada together. All this to make sure we cleared the minimum of 12 months.

I think you have come this far it would be a shame to let the counter reset to zero now. Even if your working holiday visa has run out, there must be a way to do a midnight run to England and come back as a regular tourist. Every time I go to Europe they rarely ask questions, they just stamp the passport. Food for thought.

 

[amikety]

Take a vacation together. Come to Canada to visit for a bit. Whatever you do, do not fall short of 12 months. CIC can reject the application if they aren't satisfied you meet CL requirements.

Short breaks apart are okay. Moving to another country with no intent to re-establish cohabitation anytime soon is not!

 

[khenderson]

This is fantastic feedback. I think our plans can finally take form. I think it would be best for us both to return to Canada as we would be spending the holidays together then with my family and our friends. If we are unable to have same day flights (mine is already booked and I have already changed it twice, very expensive), can she arrive in Canada a day or two after I have? In other words I am reading into amikety's comment about the short breaks. Thanks again.

 

[costaudjoe]

This is fantastic feedback. I think our plans can finally take form. I think it would be best for us both to return to Canada as we would be spending the holidays together then with my family and our friends. If we are unable to have same day flights (mine is already booked and I have already changed it twice, very expensive), can she arrive in Canada a day or two after I have? In other words I am reading into amikety's comment about the short breaks. Thanks again.

I hope so or I am screwed.

I arrived 3 days after my girlfriend in Seoul. Keep all of your ticket stubs, e-tickets, etc.

 

[Rob_TO]

This is fantastic feedback. I think our plans can finally take form. I think it would be best for us both to return to Canada as we would be spending the holidays together then with my family and our friends. If we are unable to have same day flights (mine is already booked and I have already changed it twice, very expensive), can she arrive in Canada a day or two after I have? In other words I am reading into amikety's comment about the short breaks. Thanks again.

That should be ok if you are a few days apart. As long as you end the 12-months while living together.

I stress "should" because the decision will ultimately be up to the VO reviewing your file, and sometimes they are VERY picky about even short breaks in the cohabitation. There is no definitive rule on how many days you can live apart during the 12 months, it just states "temporary and short". While just a few days may seem perfectly acceptable to you or anyone on this site, get a super picky VO and they could potentially reject the common-law status because they will deem the cohabitation to end on the day you leave to Canada but your partner remains in Belgium. There have been cases where common-law has been denied due to very short breaks of around a week, though the vast majority pass ok.

To be completely safe, I would take a very quick little vacation outside Belgium for 5 days (leaving together) and finish off the 12-months common-law requirement there. I assume it would be easy for both of you to visit another neighboring country. As long as you travel together it fully counts towards common-law status. THEN you could continue on to Canada if you want... though technically if you've already established common-law she wouldn't even need to come.

 

[costaudjoe]

Good point.

In our case we had a lease with both of our names on it. So the trip to Korea was our vacation together.

 

[amikety]

This is fantastic feedback. I think our plans can finally take form. I think it would be best for us both to return to Canada as we would be spending the holidays together then with my family and our friends. If we are unable to have same day flights (mine is already booked and I have already changed it twice, very expensive), can she arrive in Canada a day or two after I have? In other words I am reading into amikety's comment about the short breaks. Thanks again.

To add to what Rob said, I would definitely go over the 12 month requirement. No experience basis for me to say this, just my gut feeling. Not by a ton, but as much as you can manage. A few weeks or a month perhaps? If you can mail the application right before the vacation is over, that might help. A little padding is always a good thing (or so my grandmother always said!).