Hi there..I have a few questions I hope someone can help me with. I am a Canadian citizen and my boyfriend is an American citizen. He wants to move here to be with me but marriage is out of the question for either of us right now. I understand he can obtain a visitors visa for 6 months, extend for another 6 months and after a year of living together we are considered common law. I have been told that at that time he can register as a permanent resident but I must sponsor and support him for 3 years. Is this true? Once he is a PR does he lose everything that he gets from the USA, such as social security and his pension? Will he still receive that during the time he lives with me? He is retired and won't be working here at least until legally he is able but he wants to bring something into our finances. He wants to be self sufficent and not be supported. Also in a few years he is wanting to move somewhere warmer (Costa Rica). After living together for all this time would we have to go through all this again to move there? Thank you in advance for any help.
canadian citizen sponsoring an American citizen common law
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rhcohen2014
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Be mindful of the fact that just because he is a US citizen, a 6 mo visitor pass is not guaranteed. It's totally dependent on the border agent handling his entry at the time, and if that agent feels he is misrepresenting himself in some way, he will be denied entry or given a pass for a specific date he must leave by. It's important that he convinces them that he is only going to VISIT you, as going to Canada for the intention to become common law is not a reason to be allowed entry. It is also important that he provides proof of his ties to the US when going to visit. Since he is retired, this can be a lease agreement or mortgage papers, and possibly his SS benefits. They do not want to see him bringing all of his belongings only to visit. Especially because you are not married, it will be more suspicious. Also remember they have every right to go through everything - computers/phones/emails and will use information they find against him if they deem it as proof of misrepresentation. Basically, if he has emails, documents or texts about "moving" to canada or shipping belongings, then they need to be erased or hidden before he goes to the border. I would think his age and retirement helps him in being able to leave the US for 6 mo. They want to know he has something to go back to and that his intention isn't to live there illegally. A month before his pass expires, you can apply for an extension. I am not sure what the approval rate is for people without PR applications in process. They seem to give leeway to US citizens with applications in process. Again, just telling them you want to become common law isn't a good enough reason to be given the extension. They want you to follow their rules and do it their way, not make up your own!
In order to be considered common law, you must be provide proof of living together for 12 months. This includes joint bank accounts, bills in both names, a lease with both names, a mortgage with both names, etc. It's suggested a bit more research is done on these threads about common law applications, as it requires a lot more proof than spousal. My guess, if he wants to stay with you during the whole time, it's best to apply inland. However if you apply inland, then he will not be able to leave canada during the application process or else it will be considered abandoned. If he applies outland, he can go back and forth frequently while the application is in process, and request extentions to stay.
In regards to losing SS or pension, you would need to contact SS and the holder of the pension directly and ask them. There may be rules about living abroad and being a PR of a foreign country in order to collect. My guess is since being a PR does not mean you are giving up US citizenship, and he's paid into the system already, he can still collect. Again, I don't work for SS, and am not collecting it, so i'm not familiar with the rules.
Keep in mind the inland app process takes well over a year, and outland takes an average of 8-10 months. I believe in order to stay in good status as a PR you two have to be living together continuously for 2 years. I am not sure what that means in regards to moving to Costa Rica. I am sure they have their own rules about living there long term.
Again, there are a lot of threads on here that can be helpful to you, just keep scrolling and reading! best of luck!
In order to be considered common law, you must be provide proof of living together for 12 months. This includes joint bank accounts, bills in both names, a lease with both names, a mortgage with both names, etc. It's suggested a bit more research is done on these threads about common law applications, as it requires a lot more proof than spousal. My guess, if he wants to stay with you during the whole time, it's best to apply inland. However if you apply inland, then he will not be able to leave canada during the application process or else it will be considered abandoned. If he applies outland, he can go back and forth frequently while the application is in process, and request extentions to stay.
In regards to losing SS or pension, you would need to contact SS and the holder of the pension directly and ask them. There may be rules about living abroad and being a PR of a foreign country in order to collect. My guess is since being a PR does not mean you are giving up US citizenship, and he's paid into the system already, he can still collect. Again, I don't work for SS, and am not collecting it, so i'm not familiar with the rules.
Keep in mind the inland app process takes well over a year, and outland takes an average of 8-10 months. I believe in order to stay in good status as a PR you two have to be living together continuously for 2 years. I am not sure what that means in regards to moving to Costa Rica. I am sure they have their own rules about living there long term.
Again, there are a lot of threads on here that can be helpful to you, just keep scrolling and reading! best of luck!
Thank you so much for your help rhcohen2014. I have been researching for a month now and all the legalities and technical mumbo jumbo is discouraging. It is very disheartening to see that something as simple as citizenship could make it so difficult for people in love to be together. Thank you again.
QuebecOkie
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It certainly is daunting at first! And there are tons of frustrations along the way.
Just to clarify a few points: he doesn't just "register" as a permanent resident after staying with you here for one year. He must reside with you for a full year, and then you can *start* the permanent resident application process. The process will take anywhere from 6 months to 2 years, depending on inland vs. outland, how well you put together your application, CIC's processing speed at the time you apply, and sheer luck.
After you two complete that process and he becomes a PR, that's when the time starts ticking on your commitments. First, he will be subject to condition 51, which states he must live with you for two years after he gets his PR. Also, you will have signed an agreement that you are financially responsible for him for three years after he gets PR. That means if he draws welfare any time within that three years, even if you two have parted ways, you must pay back anything he draws.
Also, when it comes to inland vs. outland, do some reading on this forum. There is a lot of discussion around the issue. Most will advise US applicants to apply outland (either can be done while the PR applicant is living in Canada), as it is faster, and leaving Canada during the process doesn't pose any risk to the application. An inland application is not automatically considered abandoned if the applicant leaves Canada, BUT if the applicant is refused reentry for any reason, the application is then considered abandoned.
What you will face when you choose to move to another country with him depends on the country you choose. You will have to abide by their immigration laws and policies. There are residency requirements for him to keep his PR status. Currently, he must reside two years out of any given five-year period within Canada. However (looked into this because my Canadian hubby is military, and we could end up posted outside of Canada), time a PR spends living outside of Canada with their Canadian spouse still counts as time spent in Canada when it comes to residency requirements.
Just to clarify a few points: he doesn't just "register" as a permanent resident after staying with you here for one year. He must reside with you for a full year, and then you can *start* the permanent resident application process. The process will take anywhere from 6 months to 2 years, depending on inland vs. outland, how well you put together your application, CIC's processing speed at the time you apply, and sheer luck.
After you two complete that process and he becomes a PR, that's when the time starts ticking on your commitments. First, he will be subject to condition 51, which states he must live with you for two years after he gets his PR. Also, you will have signed an agreement that you are financially responsible for him for three years after he gets PR. That means if he draws welfare any time within that three years, even if you two have parted ways, you must pay back anything he draws.
Also, when it comes to inland vs. outland, do some reading on this forum. There is a lot of discussion around the issue. Most will advise US applicants to apply outland (either can be done while the PR applicant is living in Canada), as it is faster, and leaving Canada during the process doesn't pose any risk to the application. An inland application is not automatically considered abandoned if the applicant leaves Canada, BUT if the applicant is refused reentry for any reason, the application is then considered abandoned.
What you will face when you choose to move to another country with him depends on the country you choose. You will have to abide by their immigration laws and policies. There are residency requirements for him to keep his PR status. Currently, he must reside two years out of any given five-year period within Canada. However (looked into this because my Canadian hubby is military, and we could end up posted outside of Canada), time a PR spends living outside of Canada with their Canadian spouse still counts as time spent in Canada when it comes to residency requirements.