can i apply as common law partners without currently living together

[jjkje11]

hi everyone,

I lived with my girlfriend for more than one year without separation, I'm trying to sponsor her to get the pr now, but she got refused on renewing her visa and has to leave Canada. I don't think she can get a visitor visa to Canada too. in this case, we cannot live together only because of the visa issue, can I sponsor her as my common-law partner? We can prove our relationship is genuine. Thank you very much! PLZ HELP!

 

[Hurlabrick]

hi everyone,

I lived with my girlfriend for more than one year without separation, I'm trying to sponsor her to get the pr now, but she got refused on renewing her visa and has to leave Canada. I don't think she can get a visitor visa to Canada too. in this case, we cannot live together only because of the visa issue, can I sponsor her as my common-law partner? We can prove our relationship is genuine. Thank you very much! PLZ HELP!

Yes it is OK, as long as you can provide all of the historic proof of living together for at least 12 months.

 

[jjkje11]

Yes it is OK, as long as you can provide all of the historic proof of living together for at least 12 months.

but how can I prove we cannot cohabit? does she need to apply for a visitor visa and get the refusal letter? thank you

 

[canuck_in_uk]

but how can I prove we cannot cohabit? does she need to apply for a visitor visa and get the refusal letter? thank you

Common-law requires proving that you HAVE cohabited, not proving that you can't.

Are you asking about conjugal? If so, you don't qualify because you are already common-law.

 

[canuck_in_uk]

hi everyone,

I lived with my girlfriend for more than one year without separation, I'm trying to sponsor her to get the pr now, but she got refused on renewing her visa and has to leave Canada. I don't think she can get a visitor visa to Canada too. in this case, we cannot live together only because of the visa issue, can I sponsor her as my common-law partner? We can prove our relationship is genuine. Thank you very much! PLZ HELP!

What extension did she apply for? Did she state in the extension app she was going to apply for spousal sponsorship? Is she out of status now?

 

[jjkje11]

Common-law requires proving that you HAVE cohabited, not proving that you can't.

Are you asking about conjugal? If so, you don't qualify because you are already common-law.

I'm asking for common law. yes, I know you should have cohabited, but usually, the applicants are still living together when they apply. I believe they ask you to live together unless you have reasons to satisfy them that you cannot do so. here are their requirements I coped from the brochure:


You are a common-law partner either of the opposite sex or same sex if you have been living together in a conjugal relationship for at least one year

in a continuous, non-interrupted 12-month period. If you have maintained a conjugal relationship for at least one year but have been prevented from

living together or marrying, you may be considered common-law after providing evidence there was a satisfactory reason you could not live together.

 

[jjkje11]

What extension did she apply for? Did she state in the extension app she was going to apply for spousal sponsorship? Is she out of status now?

she applied for student visa extension and no she did not state that. she got out of status for a few months and left Canada recently. that's why I don't see she has any possibility to return to Canada with a visitor visa.

 

[canuck_in_uk]

I'm asking for common law. yes, I know you should have cohabited, but usually, the applicants are still living together when they apply. I believe they ask you to live together unless you have reasons to satisfy them that you cannot do so. here are their requirements I coped from the brochure:


You are a common-law partner either of the opposite sex or same sex if you have been living together in a conjugal relationship for at least one year

in a continuous, non-interrupted 12-month period. If you have maintained a conjugal relationship for at least one year but have been prevented from

living together or marrying, you may be considered common-law after providing evidence there was a satisfactory reason you could not live together.

Not sure where you are getting that.

You only have to show why you can't live together for conjugal. Common-law does not require such proof.

 

[canuck_in_uk]

she applied for student visa extension and no she did not state that. she got out of status for a few months and left Canada recently. that's why I don't see she has any possibility to return to Canada with a visitor visa.

Why was she refused? Does she require a TRV to come to Canada?

 

[jjkje11]

Why was she refused? Does she require a TRV to come to Canada?

she lacked documents then got refused. she cannot get TRV because she had an overstay.

 

[jjkje11]

Not sure where you are getting that.

You only have to show why you can't live together for conjugal. Common-law does not require such proof.

I got it from the provincial immigration office, they gave me a guide. can i just state the situation and explain why she cannot visit cannada and keep living together? or she needs to apply for the trv and use the refusal letter to prove that.

 

[canuck_in_uk]

I got it from the provincial immigration office, they gave me a guide. can i just state the situation and explain why she cannot visit cannada and keep living together? or she needs to apply for the trv and use the refusal letter to prove that.

So I assume you are applying for PNP. You are posting in the Family Class section of the forum. This section is for Canadian citizens/PRs sponsoring family members. Post in the EE or PNP section of the forum.

 

[jjkje11]

So I assume you are applying for PNP. You are posting in the Family Class section of the forum. This section is for Canadian citizens/PRs sponsoring family members. Post in the EE or PNP section of the forum.

thanks again, I just wanna ask about the common-law relationship because there should be a lot of common law partners here. hah

 

[canuck_in_uk]

thanks again, I just wanna ask about the common-law relationship because there should be a lot of common law partners here. hah

It is an entirely different process to sponsor a partner vs. include a partner in an EE app.