Common Law Partner - to join me in Canada - not sure if this is a complex case

[tim2021]

Hi,

I am a Canada PR about to move over to Canada in Jan 2021 from the UK to begin living over there and would like to bring over my wife (we are not legally married and had a religious ceremony which was hosted by a celebrant) in 2018. We have been living together for a while since November 2017. I would like to find out how practical this would be as I am worried that this is not a straightforward case despite our marriage and love for each other.

She is a Portuguese citizen who has lived in the UK for 15 years. She has a child from a previous relationship who does not live with her and is in the care system in the UK as he has very complex needs. He would not be accompanying her to Canada and she would be visiting him from time to time back in the UK. The father also lives in the UK. In February 2015 there was a disagreement between her and her child where he was misbehaving and she hit him and he went and told the UK authorities and she picked up a caution. 5-6 years have passed and I think by the time of applying the record should come back with no live trace. This was a big mistake on her part and she has regretted it ever since. She is a law abiding citizen who has worked solidly throughout her career and has a good standing, and is also an NHS volunteer for vulnerable patients. She is also a type 1 diabetic but has it under control by way of having very regular medical checks and using all advice wisely. I know she would at the very least need a police check and medical check and the question about dependent children would come up. In addition, they would ask us both to prove our relationship with each other.

How difficult would this be to carry out and for her to follow me over as a common law partner. We have paperwork from our wedding by a celebrant back in 2018, we visited Canada previously together in 2018, we have a joint bank account, we have a joint council tax statement, photos together, she is named on my life insurance etc.

I would be grateful for all the advice given.
Thanks.

 

[scylla]

Hi,

I am a Canada PR about to move over to Canada in Jan 2021 from the UK to begin living over there and would like to bring over my wife (we are not legally married and had a religious ceremony which was hosted by a celebrant) in 2018. We have been living together for a while since November 2017. I would like to find out how practical this would be as I am worried that this is not a straightforward case despite our marriage and love for each other.

She is a Portuguese citizen who has lived in the UK for 15 years. She has a child from a previous relationship who does not live with her and is in the care system in the UK as he has very complex needs. He would not be accompanying her to Canada and she would be visiting him from time to time back in the UK. The father also lives in the UK. In February 2015 there was a disagreement between her and her child where he was misbehaving and she hit him and he went and told the UK authorities and she picked up a caution. 5-6 years have passed and I think by the time of applying the record should come back with no live trace. This was a big mistake on her part and she has regretted it ever since. She is a law abiding citizen who has worked solidly throughout her career and has a good standing, and is also an NHS volunteer for vulnerable patients. She is also a type 1 diabetic but has it under control by way of having very regular medical checks and using all advice wisely. I know she would at the very least need a police check and medical check and the question about dependent children would come up. In addition, they would ask us both to prove our relationship with each other.

How difficult would this be to carry out and for her to follow me over as a common law partner. We have paperwork from our wedding by a celebrant back in 2018, we visited Canada previously together in 2018, we have a joint bank account, we have a joint council tax statement, photos together, she is named on my life insurance etc.

I would be grateful for all the advice given.
Thanks.

How and when did you get PR?

Her profile doesn't seem particularly complicated. She will need to declare the child in her application and the child will have to undergo a medical as part of the application process.

 

[tim2021]

I have had PR since mid 2018 so and applied for it and had started the process some time before meeting my common law partner and secured enough points to be able to be eligible.

 

[YVR123]

I have had PR since mid 2018 so and applied for it and had started the process some time before meeting my common law partner and secured enough points to be able to be eligible.

Just want to clarify, you started living with your common law partner (since she is not your legal wife) in November 2017?
So when you landed in Canada in mid 2018, you and her is NOT common law partner yet?
Did you go back to UK and live with her since then? (You need proof of 12 months of continuous cohabitation)
Do you still meet your RO since you have been living in UK since 2018? Did you spend any time in Canada?

The child need to go through medical and you mentioned the child has complex need. Will the child be allowed to go through medical when he/she is "in the care system in the UK"? And will the special need not allow the child to immigrate with the mother? And if the mother is willing to give up future possibility to sponsor the child in the future, there are special forms and process to exclude the child which the other parent will need to sign.

 

[k.h.p.]

Your case is complex:

• It's not clear you meet the residency obligation (2 years in 5 must be spent in Canada) but you have some time to meet it, possibly, though it all depends on when you landed
  
  
• It seems like there may be a possibility you were common-law with her in 2018, though possibly not given November is the date you say you moved in with her. If you had lived with her for 12 months before you landed in Canada as a PR, you can't sponsor her, but it doesn't seem like this is the case
  
  
• She has a caution on her record. 5-6 years ago sure, but it's possibly a serious record and will receive some extra attention if it isn't a problem immediately
  
  
• The child is an issue; she'll have to have the child undergo a medical evaluation even if the child isn't intended to move to Canada.
  
  
• Your "wedding" by your celebrant you have said was not a legal wedding, so none of the paperwork matters.
  
  
• The sponsorship process takes at least a year and you need to be living in Canada to sponsor her. You can't return to Canada together as PRs.

 

[tim2021]

Hi all, thanks for your knowledge and input on this.

I obtained my PR in May 2018. I have my ticket booked to arrive in Canada from the UK in Jan 2021 on my own. When I come over, I plan to find a job and to work and live. I will not be going anywhere for at least 2 years except maybe a weekend or two to visit the UK. I understand that I need to meet at least 730 days to keep my residency obligation but I intend to settle in Canada for good now and hopefully with my common law partner who I intend to marry formally in Canada.

When I come over in Jan 2021 on my own, I understand that I will still have 4 months plus 2 years to meet this residency obligation? In that time, I intend to meet my residency obligation and eventually have a Canadian passport. Will I be able to start the sponsorship of my common law partner?

I have moved in with her in November 2017 and ever since then we have been living together in the UK. Between November 2017 and now, its been approx. 3 years. We have been in a relationship since 2014 but moved in November 2017. I had acquired my PR by May 2018 but I had started this process beforehand. We have several things that prove our relationship and living together during those 3 years. Will they satisfy the authorities?

 

[k.h.p.]

You won't get a Canadian passport after 2 years and 4 months of residency in Canada. You need 3 years of physical presence in Canada.

Leaving Canada to visit the UK for a weekend without 2 years in Canada is not a good idea, as you may be caught at the border for not meeting a residency obligation. The risk is lower but still not 0.

You can start a sponsorship application once you are in Canada.

Your cohabitation date - even though it was six months before you became PR - may raise some eyebrows.

How do you anticipate moving with her in January if she doesn't have PR?

 

[tim2021]

I would only apply for the passport after 3 years of living in Canada, not before.

I received my PR in May 2018 and my PR card says it expires in Sept 2023. I understand that to satisfy the authorities, I need to be living in Canada for a period of 2 years (730 days) within the period of May 2018 - May 2023. When I move over in Jan 2021 and living in Canada, it will be approx. 2 years and 4 months before I get to May 2023. Does this mean that during that period, even though it goes over 2 years, I will not be able to leave the country without risk of getting caught?

I will be moving on my own and not with her and then starting a sponsorship application while she continues living in the UK.

 

[YVR123]

I would only apply for the passport after 3 years of living in Canada, not before.

I received my PR in May 2018 and my PR card says it expires in Sept 2023. I understand that to satisfy the authorities, I need to be living in Canada for a period of 2 years (730 days) within the period of May 2018 - May 2023. When I move over in Jan 2021 and living in Canada, it will be approx. 2 years and 4 months before I get to May 2023. Does this mean that during that period, even though it goes over 2 years, I will not be able to leave the country without risk of getting caught?

I will be moving on my own and not with her and then starting a sponsorship application while she continues living in the UK.

You will be fine with the dates you provided. You can travel until your PR card expires. CBSA may or may not look at your RO. But since you have May 2023 to meet your RO and you planned to come live in Jan 2021, you do have buffer to fulfill your RO.

So I think the complexity of the application is filling up dependent information and trying to include or to exclude her dependent.