can i be considered a Common Law partner?

[enricaw]

Hello,
I am an italian student in Law in a relationship with a french canadian guy (Guillaume), since three years and a half. My intention would be to graduate next year and then move to Québec... I was wondering if any of you could suggest me what to do! I already entered the Working holidays program last year (i worked there for 4 months and stayed at my boyfriend parents' place).... my intention would be to start the procedure for permanent residence, but I don't know if i can be considered a Common law partner! I have been in Québec already 7 times and always stayed at my boyfriend parent's place and have plenty of photos that can prove it.
Last thing: Guillaume asked for the Government's financial aid to be able to pay his university studies....will this be a problem?
Thank you all in advance, every suggestion will be appreciated!
Enrica

 

[Avadava]

To be considered common law, you must live with your partner for 12 months without interruption, under the same roof (it doesn't have to be in the same country - you can live together 2 months in Canada, 3 months in Italy, etc. - as long as you don't interrupt your cohabitation).

In your case, visits to his house and photos from those visits, don't count as common law. To prove a common law union you must: show proof that you lived together at the same address for 12 months (rental agreement, letters in both your names at that address), have joint bank accounts, be each other's beneficiary on a life insurance, get affidavits from friends and family testifying to the genuineness of you relationship/duration of your cohabitation and much more.

People that receive social assistance/welfare are not eligible to sponsor. I'm not exactly sure what you mean by social assistance to pay his studies - is this a student loan/grant? If he is indeed on welfare, even if he stops now, he might be found ineligible to sponsor (it is believed that CIC looks at records dating 1 year prior to the application).

If you two are serious about your relationship, the quickest way to apply for PR is to get married. If you are not in a rush, then move in together for 12 months and gather proof of your relationship.

 

[screech339]

While a couple can cohabit together 4 months in Canada, 4 months in Italy, and 4 months in Germany to meet the 12 months common law rule. It would be very difficult to prove this to CIC. You would have to have 3 separate leases listing the names, 3 separate utility bills listing both names, etc etc from 3 difference countries.

It is so much easier to show documentation proof of 12 months living together from one country.

Screech339

 

[CutiePie92]

the financial aid she's talking about is a student loan. it's not considered as welfare, therefore it shouldn't be a problem.

 

[enricaw]

Thank you all very much....so from what i understood, whether i get married, whether i try to find someone who hires me there? The common law partner solution seems way too complicated.... I have also considered inscribing myself at university, since i had in any case intention to take intense french classes. I have the impression fees for foreign students (who aren't French citizens), are way higher than those payed by the locals though, am I right?

 

[scylla]

Thank you all very much....so from what i understood, whether i get married, whether i try to find someone who hires me there? The common law partner solution seems way too complicated.... I have also considered inscribing myself at university, since i had in any case intention to take intense french classes. I have the impression fees for foreign students (who aren't French citizens), are way higher than those payed by the locals though, am I right?

Yes - fees for international students are significantly higher. You'll need to show a bank balance of somewhere between $20K and $30K+ just to be approved for a study permit.