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vangaurd

Newbie
Mar 21, 2015
4
0
My kiwi girlfriend's iec work visa expires in June and she can't renew it. We have been living together but lack proof as she hadn't changed her address until recently. ( she used to live in the building next door) It doesn't look possible for her employer to sponsor her, and she doesn't meet the skilled job requirements.
How much proof is needed to meet the common law requirements? Is it difficult to get accepted? Also, what exactly is the conjugal option?

Any help is appreciated!
 
vangaurd said:
My kiwi girlfriend's iec work visa expires in June and she can't renew it. We have been living together but lack proof as she hadn't changed her address until recently. ( she used to live in the building next door) It doesn't look possible for her employer to sponsor her, and she doesn't meet the skilled job requirements.
How much proof is needed to meet the common law requirements? Is it difficult to get accepted? Also, what exactly is the conjugal option?

Any help is appreciated!

You cant do conjugal so forget that one as there are no barriers to you becoming common law/married as she could simply change her visa to a visitor!

Common law you need to have been residing together for 365 days. You need evidence such as a lease, bank accounts, bills, letters from friends, family, pictures emails...you get the idea! If you have been living together for the year but she is not on the lease you should try and speak with whoever your landlord is to see whether they would be willing to confirm she has been residing with you for the necessary period of time. Many people apply as common law its not difficult as long as you can prove you meet the requirements and CIC are satisfied that you are in a genuine relationship. I would advise looking at the CIC website to read up on the application process as it take a bit of time to get your head round.
 
Conjugal is not an option for you two (Canada-NZ) because there is nothing preventing you from marrying (or living-together 12-months continuous for common-law).

If you want to do common-law, she can apply to extend her stay here in a few ways. If her work visa is not extendable, she can apply to Change her Status, so possibly to go from a work visa to a visitor visa. She would not be able to work (she would have to show financial support from herself or from someone else, i.e. you). If she gets a visitor extension for 6 months, but you still don't have enough proof, she is free to apply for a 2nd visa extension.

She may also wish to look into applying for a study permit if she prefers, but that means going to an accredited program (can be diploma or certificate), etc. Poke around the CIC site and see what her options are.

The big, important thing for common-law relationship is the proof: How can my common-law partner and I prove we have been together for 12 months?

There's a good list here; please note that it says at the bottom that "You do not need to include all these items to prove your relationship is real. Citizenship and Immigration Canada may consider other proof as well". So don't freak out and think that you need each item, but the more solid your proof, the more likely you'll get approved as common-law.

You need documentary evidence establishing 12 solid, continuous months of cohabitation. This is the big one. You can't have a gap or break of a month or two.

Also consult the region/country specific guide for her PR application, which will include things about having

at least two statutory declarations from individuals with personal knowledge of your relationship supporting your claim that the relationship is genuine and continuing

Statutory declaration means that it must be signed by the letter writer in front of a commissioner of oaths (or notarized, but the CoO is generally much cheaper).