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common-law sponsorship [argentina to canada] advice please?!?!

reznik

Member
Aug 30, 2012
14
0
hi everyone,

i am a canadian citizen that will be applying for a common-law sponsorship for my girlfriend who is argentinian. i will explain our situation a little bit and hopefully there are some people out there that have some advice for us.

we met last july in argentina [while i was there for work]. spent a week together. then i returned to canada because 1) i had my return ticket already booked before i met her and 2) because i am a graduate student and had to start+complete my thesis starting in september of 2011. once i was in canada, we still kept in contact, and realized that this was something special and that unknown feelings had been discovered, so i decided to take a year off from school and go back to argentina.

we lived together for the whole time that i was there and in july 2012 we came to canada together, for her to meet my family and friends, and to see my home and all. but she is in university as well, so she had to leave in mid-august. and i stayed here because i have to start my studies in september. the only reason that we're not together right now is because of school basically. also in terms of supporting documents we have plenty of photos, emails, chats, blogs, witnesses and everything to show that it's a genuine relationship.

here are my questions + dilemmas:

1) technically if you consider from the time that i went back to argentina last year [sept 15 2011] until her departure back to argentina this year [aug 20th 2012], we're a month short of the 12 months of living together. does this disqualify a common-law application completely or are there exceptions? because as i said the reasons for not living together right now are strictly because of our studies.

2) if the answer to question 1 is yes that it would disquality a common-law application, could the week that we 'lived/spent' together last july when we met in argentina, be considered the starting date of our common-law relationship? but then i had to return to canada and stayed for 2 months apart from eachother.

3) in terms of proving that we lived together, we don't have the rent/lease application in both our names because we were renting an apartment from her sister. but i do have the internet bill that was under my name, but she didn't have any bills that were sent to that address. and the last 2 months we lived in another house [rental] with two other friends... so besides those internet bills, there are no other mails that we had going to the same address in both our names. although we have photos and all. would this be a problem?! we have a shared credit card account but that has my canadian address on it which i just received.

4) she wants to come here and continue her studies in toronto in 2013. do you think everything will go through before then if we apply in september?

5) since i'm a student, my income isn't much, i'm a fulltime graduate student. would this affect the 'sponsorship' application? she has property and more assets than i do, i feel like she should be sponsoring me! ;D and if it would affect it, would i need to get a co-sponsor?!

6) we want to know if the common-law sponsorship could work with our situation. we don't want to be apart for too long, she's planning on coming back in december after her semester ends in argentina. and we're hoping that by then we would have an answer and she could stay. [she also does have a visa until the end of 2013].

that's all the questions for now i suppose. i apologize for the lengthy post, i want to be as clear as possible to try to get the best advice possible. we are trying to get everything prepared to send off in the next few weeks. but maybe marriage is something to consider for us as well!

thank you in advance for all your help.

cheers.
:-X
 

CharlieD10

VIP Member
Sep 5, 2010
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Northern Ontario
Category........
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1/2. No, you won't qualify as common-law, the 12-months minimum cohabitation requirement is not negotiable. As you are still working on the minimum, the 2 months apart and your current separation would be regarded by CIC as too long a break to view your situation as permanent.

3. If you can't prove a joint lease, you would need affidavits (preferably notarized) from your landlord or fellow tenants that they know of the two of you residing together at the addresses, supported by the fact that you both received mail there (even if in your own names).

4. Possible, maybe even probable. It will take 3 months for you to be approved to sponsor her, and Argentina's fastest processing time is 4 months (20% of cases in last 12 months) and 6 months (50% of cases in last 12 months).

5. No, your income won't affect the sponsorship, you don't need to meet a minimum to sponsor a spouse/common-law partner and many students are approved.

6. Right now you are not eligible for common-law status per CIC. If you plan to get married, it is also not a good idea to mention that to CIC. Common-law is its own status, not a short-cut for people not ready to get married but wanting to be together faster.

I would suggest that you give further consideration to your future plans for marriage and decide whether you can spend enough time together to qualify as common-law or want to wait until you are married to apply.
 

reznik

Member
Aug 30, 2012
14
0
thanks for your response.

i understand the 12 months is a minimum, but you don't think there would be any exceptions for educational reasons? would there be ANY chance of them consider the application if there are letters submitted from both our post-secondary institutions? or anything that can be done?

i read in some of the documents that the '1 year cohabiting' is a minimum, but i also read that there could be exceptions depending on each case. but not sure if the exceptions only apply AFTER the 1 year... or within the year as well?! perhaps?

anyone out there with a similar situation?! or know of anyone in the same boat as us?!

Thank you.
:-\

CharlieD10 said:
1/2. No, you won't qualify as common-law, the 12-months minimum cohabitation requirement is not negotiable. As you are still working on the minimum, the 2 months apart and your current separation would be regarded by CIC as too long a break to view your situation as permanent.
 

AnaMaria

Hero Member
May 2, 2012
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New Westminster, BC
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I would go for solidity. Pursuing education is solely personal choice. As you did, she can take time off. And I do not know whether her visit to Canada for 1.5months or so is also considered as cohabitation. It sounds to me just traveling. But this is just my personal thought.

It may sound harsh but I don't think you will want to waste your time, energy and money knowing that your situation do not meet the requirements. If marriage is your right choice for your life, not for convenience, that option is still there. But do remember, you will have to sign financial responsibility for you and her for 3 years after she is granted PR, meaning you cannot ask welfare benefit. Marriage is big responsibility and so is sponsorship.

Good luck.
 

CharlieD10

VIP Member
Sep 5, 2010
5,849
185
123
Northern Ontario
Category........
Visa Office......
KGN
Job Offer........
Pre-Assessed..
App. Filed.......
15-02-2011
File Transfer...
09-05-2011
Med's Done....
17-01-2011, 08-03-2012
Interview........
Waived
Passport Req..
30-3-2012
VISA ISSUED...
13-04-2012
LANDED..........
06-06-2012
reznik said:
thanks for your response.

i understand the 12 months is a minimum, but you don't think there would be any exceptions for educational reasons? would there be ANY chance of them consider the application if there are letters submitted from both our post-secondary institutions? or anything that can be done?

i read in some of the documents that the '1 year cohabiting' is a minimum, but i also read that there could be exceptions depending on each case. but not sure if the exceptions only apply AFTER the 1 year... or within the year as well?! perhaps?

anyone out there with a similar situation?! or know of anyone in the same boat as us?!

Thank you.
:-\

CharlieD10 said:
1/2. No, you won't qualify as common-law, the 12-months minimum cohabitation requirement is not negotiable. As you are still working on the minimum, the 2 months apart and your current separation would be regarded by CIC as too long a break to view your situation as permanent.
No, there are no exceptions. Choosing not to be together for education, or job purposes, are specifically listed as reasons that do not count for failing to qualify as common-law and therefore applying as conjugal partners as these do not represent insurmountable barriers to immigration. Being apart to go to school will not get you excepted from meeting the minimum cohabitation requirement. If you submit an application on that basis, I can guarantee you they will advise you do not meet the minimum requirements for the common-law category and return your application.
 

reznik

Member
Aug 30, 2012
14
0
thank you for your responses.
we will think about our options!
if there's new information out there or anyone in similar situations please let me know.

also if anyone has had experience with [canada-argentina] sponsorships, tips/advice would be greatly appreciated.

;)