common-law application-whan?

[another_one]

Hi, my bf (Canadian) and I are in relationship for a year and half. We met when he was on holidays in my (and his) country or orgin and then spent 3 months together. I came to visit him in November 2013. and stayed with him for 2 weeks and then return back home to work.
This year, I was granted sabotical leave from work and came here at begining of May. In October I applyed online for extension of my stay stating that I want to spend more time with my bf and got aproved additional 6 months.

The problem is that now I'm pregnant and since I have no medical insurance, I will go back home to work in January 2015. to activate my medical insurance there and stay there until I deliver.
My bf and I would like to apply for sponsorship so that when I come back with the baby I do have some rights (like medical insurance).
I would like us to apply as common-law partners since we will have a kid togethe but is there any way to do it before the baby is born? And if there is, when?
In January, before I leave Canada (due to pregnancy and medical insurance) we'll be living together for 8 months and we'll be expecting a baby together. What's the best option to do? I would like to avoid getting married if possabile.

P.S. out of proves of relationship we have emails, what'sapp chats, pictures, he gave me additional card of his credit card, I received mail at his address (and we'll be getting Christmas cards together), I'm planning to take a driving exam before I leave so that I get a document with our address on it, we'll open a joint account and get life insurance naming each other beneficiary. We were thinking about putting my name on the lease but it will probably be necceccery to move into an other flat before the baby is born and my bf will have to do it alone while I'm away, it's not the smartest idea.

Please, help us with a words of advice. Thank you!

 

[scylla]

You can only apply as common law if you have physically lived together for 12 months straight and can prove it. So unfortunately you will be four months short when you leave in January. This is a black and white rule with no flexibility. If you want to apply for PR before you leave in January, getting married is the only option.

 

[handsup]

As far as I have learnt about Common law is that the coupe has to live together for 12 consecutive months to qualify as common law partners. This is the 1st and most critical condition, rest like proofs etc come later when the 1st one is met.

 

[another_one]

You can also apply as a common-law partners if that have a baby together, that I know for sure. The question is, do we have to wait for the baby to be born or we can do it earlier.

 

[Ponga]

Agreed. You will not qualify as a Common-Law couple. You can either get married (not what you really want, apparently), or he can travel with you and after 4 months you would be eligible to apply as C-L partners. As long as the cohabiting is uninterrupted, it doesn't matter where you [both] live.

If he is a Canadian citizen, he can apply to sponsor you while you are both living abroad. However, you stated that you are both from the same country, so...is he only a permanent resident of Canada, or does he have dual citizenship?

Having a child together has little impact on your PR approval, but if the child is born before you submit the application, you would be exempt from the `Condition 51' that applies to those that have been in their relationship for less than 2 years when they apply. Condition 51 simply means that those couples must continue living together for 2 more years...which seems like no-brainer anyway, for a legitimate couple.

Having a baby together does not make you a Common-Law couple. You must (as scylla mentioned) live together for 1 full year. Period!

Good luck!

 

[scylla]

You can also apply as a common-law partners if that have a baby together, that I know for sure. The question is, do we have to wait for the baby to be born or we can do it earlier.

Unfortunately that's incorrect. For Canadian immigration purposes, having a baby together does not make you common law. Again, you must have lived together for a minimum of 12 straight months to be considered common law.

 

[handsup]

Having a child together has little impact on your PR approval, but if the child is born before you submit the application, you would be exempt from the `Condition 51' that applies to those that have been in their relationship for less than 2 years when they apply. Condition 51 simply means that those couples must continue living together for 2 more years...which seems like no-brainer anyway, for a legitimate couple.
Good luck!

Hey Ponga
Following is my scenario
I was expecting when we applied as married couple and we applied after 8 months of wedding; we mentioned in our file too about the pregnancy (Whereas the relationship was started in 2009 an we got married in 2012 was also mentioned in file).
question is: will condition 51 be applicable to me too?

 

[Ponga]

Hey Ponga
Following is my scenario
I was expecting when we applied as married couple and we applied after 8 months of wedding; we mentioned in our file too about the pregnancy (Whereas the relationship was started in 2009 an we got married in 2012 was also mentioned in file).
question is: will condition 51 be applicable to me too?

If you submitted proof that you and your husband were `together' (in a relationship) for at least 2 years prior to when you submitted your application, you shouldn't have Condition 51:
http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

You'll notice this part:
What is conditional permanent residence?

Citizenship and Immigration Canada (CIC) has introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which apply to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with their sponsor at the time they submit their sponsorship application.

So, even though you had not been married for 2 years, as long as you prove to CIC that you were in a relationship for more than 2 years...you should be good...I think.

 

[handsup]

If you submitted proof that you and your husband were `together' (in a relationship) for at least 2 years prior to when you submitted your application, you shouldn't have Condition 51:
http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

You'll notice this part:
What is conditional permanent residence?

Citizenship and Immigration Canada (CIC) has introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which apply to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with their sponsor at the time they submit their sponsorship application.

So, even though you had not been married for 2 years, as long as you prove to CIC that you were in a relationship for more than 2 years...you should be good...I think.

Thank you so much and yeah I think the same, also if we look at the condition "in a relationship of two years or less with their sponsor and who have no children in common with their sponsor" it include "And" means both must be met to prove the condition 51, but if one part is not true the other is also false. So would pregnancy and the addition of baby to the file false this condition?

 

[Ponga]

Thank you so much and yeah I think the same, also if we look at the condition "in a relationship of two years or less with their sponsor and who have no children in common with their sponsor" it include "And" means both must be met to prove the condition 51, but if one part is not true the other is also false. So would pregnancy and the addition of baby to the file false this condition?

Having a baby prior to submitting the sponsorship application would have removed the condition. Just being pregnant at the time the application is submitted doesn't remove the condition.

Either way, it's no big deal...right?!

 

[Kayaker]

You can also apply as a common-law partners if that have a baby together, that I know for sure. The question is, do we have to wait for the baby to be born or we can do it earlier.

Where on CIC does it say that you can apply as common-law partners if you have a baby together????

Having a child together does NOT qualify you as common-law. There is only one definition for common-law: to be in a romantic relationship (not roommates, obviously) and most importantly, to cohabit for 12 consecutive months.

Unfortunately, if you want to apply for PR, you have no choice but to get married, or wait until you have been cohabiting for 1 full year.

 

[handsup]

Having a baby prior to submitting the sponsorship application would have removed the condition. Just being pregnant at the time the application is submitted doesn't remove the condition.

Either way, it's no big deal...right?!

Yeah very right

 

[Rob_TO]

If you submitted proof that you and your husband were `together' (in a relationship) for at least 2 years prior to when you submitted your application, you shouldn't have Condition 51:
http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

You'll notice this part:
What is conditional permanent residence?

Citizenship and Immigration Canada (CIC) has introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which apply to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with their sponsor at the time they submit their sponsorship application.

So, even though you had not been married for 2 years, as long as you prove to CIC that you were in a relationship for more than 2 years...you should be good...I think.

I believe that means you must be married, common-law, or conjugal (so official status, not just dating)... for a period of 2 years. So a couple dating 10 years but just married 1 year when submitting the app, would still be subject to condition 51. Likewise a couple that is applying as common-law would need to be living together 3 years to waive Condition 51 (1 year of qualifying for common-law, then 2 years as a common-law couple).

 

[Ponga]

I believe that means you must be married, common-law, or conjugal (so official status, not just dating)... for a period of 2 years. So a couple dating 10 years but just married 1 year when submitting the app, would still be subject to condition 51. Likewise a couple that is applying as common-law would need to be living together 3 years to waive Condition 51 (1 year of qualifying for common-law, then 2 years as a common-law couple).

In this case, I believe you are correct.

I wonder what happens if a married couple applies, that had been living together for a couple of years (as C-L)? Would CIC allow the couple to use the accumulative time together (after their initial 1 year of cohabiting) as the same relationship, or does their `clock' reset when the couple is married?

 

[canadianwoman]

You can also apply as a common-law partners if that have a baby together, that I know for sure. The question is, do we have to wait for the baby to be born or we can do it earlier.

For immigration, to be considered common-law, you have to have lived together for 12 months continuously. It does not matter if you have a baby or not.

The different branches of government in Canada have different rules about common-law, as do the provinces. So in some provinces, you can be considered common-law if you have lived together for two years, or have lived together for less than that but have had a baby together. This is not the definition immigration uses.