COMMON LAW INSIDE CANADA OUT OF STATUS

[Aanmvv]

Hi everyone, I’m preparing to apply for common-law sponsorship (inland). I’d really appreciate some advice on two points.

I came to Canada in 2023 as a student. After completing one year of studies, I moved to a bigger city and met my partner, who is a Canadian citizen. Since October 12, 2024, we have been living together (first with his parents until January 2025, then in his own condo). On October 12, 2025, we will reach exactly one year of continuous cohabitation.

My questions:

1. Is it normal/acceptable to apply for sponsorship immediately on the same day we reach 1 year of cohabitation?
2. My study permit and visa expire on March 3, 2026. However, I’m not attending university anymore and I am currently working full-time. After submitting my common-law sponsorship application, what are the steps to maintain or legalize my status until PR is processed?

Proofs we have:

• Shared address bills, mail, and deliveries, joined bank account
• Trips taken together (Mexico, Alberta) with supporting tickets and photos
• Many photos of daily life and special occasions
• Notarized letters from both sets of parents and friends confirming our relationship
• Declaration of common law
• Updated CRA marital status to “common law”
• Notarized letters confirming cohabitation (from his parents for Oct 2024–Jan 2025, and from my partner for his condo afterwards)

We don’t have a lease since the condo is owned by my partner, but we do have all the above documentation plus more.


Has anyone applied in a similar situation, and do you see any issues with the timing or with my current status situation?


Thanks so much for any insights!

 

[canuck78]

Hi everyone, I’m preparing to apply for common-law sponsorship (inland). I’d really appreciate some advice on two points.

I came to Canada in 2023 as a student. After completing one year of studies, I moved to a bigger city and met my partner, who is a Canadian citizen. Since October 12, 2024, we have been living together (first with his parents until January 2025, then in his own condo). On October 12, 2025, we will reach exactly one year of continuous cohabitation.

My questions:

1. Is it normal/acceptable to apply for sponsorship immediately on the same day we reach 1 year of cohabitation?
2. My study permit and visa expire on March 3, 2026. However, I’m not attending university anymore and I am currently working full-time. After submitting my common-law sponsorship application, what are the steps to maintain or legalize my status until PR is processed?

Proofs we have:

• Shared address bills, mail, and deliveries, joined bank account
• Trips taken together (Mexico, Alberta) with supporting tickets and photos
• Many photos of daily life and special occasions
• Notarized letters from both sets of parents and friends confirming our relationship
• Declaration of common law
• Updated CRA marital status to “common law”
• Notarized letters confirming cohabitation (from his parents for Oct 2024–Jan 2025, and from my partner for his condo afterwards)

We don’t have a lease since the condo is owned by my partner, but we do have all the above documentation plus more.


Has anyone applied in a similar situation, and do you see any issues with the timing or with my current status situation?


Thanks so much for any insights!

If you stopped studying in 2024 you are working illegally and will be considered out of status because you are not compliant with your study permit.

 

[Aanmvv]

If you stopped studying in 2024 you are working illegally and will be considered out of status because you are not compliant with your study permit.

Yes, I know that. Will it affect my application for pr sponsorship? My partner is a Canadian citizen

 

[canuck78]

Yes, I know that. Will it affect my application for pr sponsorship? My partner is a Canadian citizen

You need to stop working illegally. You will likely be treated as an out of status applicant.

 

[YVR123]

Yes, I know that. Will it affect my application for pr sponsorship? My partner is a Canadian citizen

It may. Specially if you continue to work illegally after knowing that you cannot.
You can only apply via inland and you do not qualify for a OWP. So you will need to wait without work for a long while.

You are and will stay out of status for a long time. After AIP, you can apply for OWP but that may come very late in the process stage. And it's possible that you may get your PR before that OWP.
In between, there is no way to "restore" or change your status.