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Common Law Sponsorship, How does the 2 year Conditional Part Work?

chobo2

Member
Dec 13, 2015
10
0
Hi

I am a Canadian Citizen who is living with a foreign national. I am wondering how common law sponsorship works after 1 year. From my understanding is if I choose to after a year I can sponsor my gf and a 2 year conditional, if approved she will get PR conditionally but she will be allowed to go to school and pay local prices and get same benefits of PR.

Now if the relationship breaks down before these 2 years are up, I am on the hook for her, for the next 3 years. I am not really sure what I would be on the hook for they only mention social assistance.

I don't know if they mean I would have to pay back the difference between international and student rate or what?

I also don't get why it is for 3 years, as I thought if the relationship ends she basically has to go home unless she can prove I did bad things to her.

Trying to make sense of all immigration rules, I hope I don't have to use much of what I research but at least I will know all my options if I ever need to use anything.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
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Hi

The 3 year undertaking has nothing to do with 2 year conditional PR.

Every sponsor signs a contract with the government of Canada in order to sponsor their spouse; this contract states that they will provide the necessities of life for those 3 years. If the sponsor fails to do that and their spouse claims welfare in that time, the sponsor has essentially breached their contract with the government and is therefore required to pay the welfare back. This has nothing to do with tuition or anything like that.

A conditional PR is still a FULL PR, with all afforded rights. The only difference is that they are required to live with their partner for 2 years. If the relationship ends before that, the spouse will presumably lose their PR status and have to leave Canada (I say presumably because this rule is still very new and there haven't been enough cases to know what would actually happen).
 

chobo2

Member
Dec 13, 2015
10
0
canuck_in_uk said:
Hi

The 3 year undertaking has nothing to do with 2 year conditional PR.

Every sponsor signs a contract with the government of Canada in order to sponsor their spouse; this contract states that they will provide the necessities of life for those 3 years. If the sponsor fails to do that and their spouse claims welfare in that time, the sponsor has essentially breached their contract with the government and is therefore required to pay the welfare back. This has nothing to do with tuition or anything like that.

A conditional PR is still a FULL PR, with all afforded rights. The only difference is that they are required to live with their partner for 2 years. If the relationship ends before that, the spouse will presumably lose their PR status and have to leave Canada (I say presumably because this rule is still very new and there haven't been enough cases to know what would actually happen).
So I am would not be on the hook for tuition difference. Just would be on the hook for basically enough to keep her alive. Nothing else? How about medical premiums? Is there some list?
 

Rob_TO

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Nov 7, 2012
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chobo2 said:
So I am would not be on the hook for tuition difference. Just would be on the hook for basically enough to keep her alive. Nothing else? How about medical premiums? Is there some list?
You are on the hook if she goes on welfare, and that's basically it.
 

chobo2

Member
Dec 13, 2015
10
0
Rob_TO said:
You are on the hook if she goes on welfare, and that's basically it.
That's not too bad, was expecting to have to pay back tuition and stuff back. I wondering what would happen if we break up and she is going to school during that break up. I am wondering then am I still on the hook? Or does she loose the PR and gets student visa again? Or what happens just as she finishes school it ends. Normally she would get a work visa after, but since she is PR wonder what happens then, if she still gets.

So many scenarios I can think of.
 

LadyMai

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Dec 11, 2015
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chobo2 said:
That's not too bad, was expecting to have to pay back tuition and stuff back. I wondering what would happen if we break up and she is going to school during that break up. I am wondering then am I still on the hook? Or does she loose the PR and gets student visa again? Or what happens just as she finishes school it ends. Normally she would get a work visa after, but since she is PR wonder what happens then, if she still gets.

So many scenarios I can think of.
Do you want to marry her? Common law is basically marriage. If you're already having doubts about the relationship like this, I don't suggest filing for common law. This isn't something you do out of convenience. This is supposed to reunite families, and forgive me if I'm wrong but from the sounds of things you're in a casual relationship that may or may not last, and you're just looking for an easy way to lower her tuition for her.
 

chobo2

Member
Dec 13, 2015
10
0
LadyMai said:
Do you want to marry her? Common law is basically marriage. If you're already having doubts about the relationship like this, I don't suggest filing for common law. This isn't something you do out of convenience. This is supposed to reunite families, and forgive me if I'm wrong but from the sounds of things you're in a casual relationship that may or may not last, and you're just looking for an easy way to lower her tuition for her.
I can't do this now anyways. I am just like to know all options so if the need comes I have an idea of what I can and cannot do. I never would want to put her in a worse situation then I found her thus I am trying to figure out all possible ways and each of there pluses and minuses.