Bringing my Common Law Partner from Mozambique

[MRY1980]

Howdy, all! I'm a Canadian citizen, born and raised. After nearly 3 years of living together in Cape Town, my partner and I have decided to live in Toronto. I am in Canada right now getting ready for her to finish a work contract on a cruise ship.

She's originally from Mozambique, but we were living together in Cape Town while she was going to school there (she returned to school later, she's 32 and I'm 36. We're not fresh out of college...). I have copies of 2 different leases for 2 different apartments with her as an occupant, I have stacks of emails (even from when we set up our first date in Feb 2013!) and WhatsApp communications, an embarrassing number of photos from 3 wonderful years in Africa, copies of shared TV/Internet bills, and I even have a copy of the Google Chat from when her best friend (a mutual friend of ours) first gave me the phone number of the love of my life!

With all that, I'm 99% sure we can get her a PR card using an outside sponsor visa because, well, she's my common law partner. Period. There are two wrinkles I am wondering about:

1. I am under the impression that, once we apply, she can get some sort of visa to visit me for 6 months. Is this true, and is there any very rough timeframe for this? I make more than enough money to support two people, so she can 'visit' as long as she likes, really.

2. She is currently under contract working on a cruise ship, so at this time we are not living together. I am back in Canada getting ready to find us a home and prepare it for the end of her contract in February. I know they allow for breaks due to business trips, but could this cause a big issue?

Last, has anyone ever written a beginning to end experience of their outland common law partner application? I did some searching on the forum, but couldn't find anything.

I have been reading a lot of stories around here. They're all very encouraging. It is nice to see love bringing so many people together from all over the world. :-* :-* :-*

 

[Rob_TO]

1. I am under the impression that, once we apply, she can get some sort of visa to visit me for 6 months. Is this true, and is there any very rough timeframe for this? I make more than enough money to support two people, so she can 'visit' as long as she likes, really.

Thers is no visit visa associated with a PR app. She will need to apply for and be approved for a TRV in order to visit Canada.

In fact often having a Canadian partner and PR app in progress makes it more difficult to be approved for TRV, since CIC will feel she is not really a visitor and would intend to stay beyond her TRV validity.

2. She is currently under contract working on a cruise ship, so at this time we are not living together. I am back in Canada getting ready to find us a home and prepare it for the end of her contract in February. I know they allow for breaks due to business trips, but could this cause a big issue?

It will be fine. Once you establish the 12 consecutive months, you can then live separate as long as you can prove the common-law relationship is still continuing.

There are countless people on this site who have done common-law apps. As long as you can prove the cohabitation (which it sounds like you can with joint lease agreements), the apps are really not much different from an app for married couples.

 

[MRY1980]

Thank you kindly for your reply.

I had a consultation with a lawyer who mentioned a 6 month visa associated with her being an applicant for a PR spousal, and that she could be with me here in Canada while waiting for approval.... That she'd get a letter which she could show to immigration at point of entry. I should chat with this lawyer again to clarify.

 

[scylla]

Thank you kindly for your reply.

I had a consultation with a lawyer who mentioned a 6 month visa associated with her being an applicant for a PR spousal, and that she could be with me here in Canada while waiting for approval.... That she'd get a letter which she could show to immigration at point of entry. I should chat with this lawyer again to clarify.

No such thing exists unfortunately. As Rob_TO explained - she would need to apply for a regular TRV.

 

[MRY1980]

Damn ...I just want to get her here as soon as possible after her contract ends at the end of February. What the hell was this lawyer talking about??? Hmmm.... I will clarify.

Does anyone have a 'my story, start to end' for a spousal application? I like reading stories... ;D

 

[canadianwoman]

She can apply for a TRV (a visitor visa) and if she gets one she can come to Canada to visit you while the PR application is being processed. Generally someone on a TRV is let in for 6 months, but they could be given less time. She can apply to extend the TRV about one month before it ends.
However, it is not automatic that a PR applicant will get a TRV. In fact, TRVs are often refused. However, she can try to get one. For the TRV, she has to prove that she will leave Canada at the end of her stay. Her having a job is good evidence that she will leave.

 

[MRY1980]

Ok, I am hearing you. Thank you for clearing that up. I must have heard my lawyer wrong or, well, not have a good lawyer. She would need a visitors visa to come here while awaiting the results of the spousal visa.

How long is the wait time on those visitors visas? My research so far say 2 - 3 weeks. If THAT fails, and she doesn't get the visitor visa, I'd like to take us somewhere else while we wait for this spousal PR then. Portugal is nice, I hear. She lived there before and loved it. Me ajudaria a melhorar o meu português também.

 

[canadianwoman]

Since you are a Canadian citizen, you can sponsor her for PR while you are outside of Canada. So if she does not get the TRV, going to Portugal to wait for the PR processing should be fine. It's a good chance to improve your Portuguese, at least.

TRVs are usually processed quickly - a few days to a few weeks.

 

[MRY1980]

Thank you kindly for your reply. I am hoping that the TRV is not too big of an issue to obtain,I would really like for her to come to Canada so we can start putting our life together. She has done a lot of traveling, and she is actually in the USA right now on a work visa. Should be quite obvious that she will have no intention to overstay her TRV, it would completely ruin her work life if she did.