Common Law Sponsorship in QC

[MillySchro]

I'd like to say that I have one question but I feel like I have a million. Any help anyone can offer in clarifying anything would be GREATLY appreciated.

The situation: My Canadian boyfriend and I (US citizen) met at McGill University 2 years ago. Since then he's had to get brain surgery and consequently my grades tanked and I was unable to maintain a high enough GPA. I managed to get enrolled at an online university since then but my student visa to stay in Canada expires this August as I am no longer at McGill. We've lived together for just over a year now and are trying to figure out if he can apply to sponsor me as a common law spouse.

Some questions we have are:

-Should we apply for a common law sponsorship as if I live in Canada or if I don't? (I have been living here for the past 3 years on a student visa but it will certainly expire before the application gets processed.)

-If we were to apply as if I live in Canada, would that allow me to stay in Canada or would I have to return to the States for brief periods of time. (Legally, I'm allowed to stay in Canada for 6 months at a time as a US resident and I could easily visit my family/friends for a week or two and then return.)

-Should/can we hire someone to assist us with applying for the sponsorship? We have only been living together for a little over a year so I could see there being a few raised eyebrows at that but my boyfriend's definition of getting married is "Being (overly) financially secure, having a house, and having kids." We love each other and do plan on getting married but only when we're really ready to truly settle down.

 

[Saluma]

I'd like to say that I have one question but I feel like I have a million. Any help anyone can offer in clarifying anything would be GREATLY appreciated.

The situation: My Canadian boyfriend and I (US citizen) met at McGill University 2 years ago. Since then he's had to get brain surgery and consequently my grades tanked and I was unable to maintain a high enough GPA. I managed to get enrolled at an online university since then but my student visa to stay in Canada expires this August as I am no longer at McGill. We've lived together for just over a year now and are trying to figure out if he can apply to sponsor me as a common law spouse.

Some questions we have are:

-Should we apply for a common law sponsorship as if I live in Canada or if I don't? (I have been living here for the past 3 years on a student visa but it will certainly expire before the application gets processed.)

-If we were to apply as if I live in Canada, would that allow me to stay in Canada or would I have to return to the States for brief periods of time. (Legally, I'm allowed to stay in Canada for 6 months at a time as a US resident and I could easily visit my family/friends for a week or two and then return.)

-Should/can we hire someone to assist us with applying for the sponsorship? We have only been living together for a little over a year so I could see there being a few raised eyebrows at that but my boyfriend's definition of getting married is "Being (overly) financially secure, having a house, and having kids." We love each other and do plan on getting married but only when we're really ready to truly settle down.

I would in your situation definitely go the outland route, simply because it'll most likely be faster and also will you be able to leave the country to visit family and friends back in the US.
When going inland, you'll have to stay in canada until you got approved as a PR, otherwise you'd be jeopardizing your application.

Common-law means that you'll have had to live together for an uninterrupted 12 months period.

That you only lived together for just over a year shouldn't worry you too much. Key is that you can provide "evidence" that you did so and that your relationship in genuine.

Is your rent lease/contract in both your names?
Do you have a joint bank account?
Any other combined affairs?

Get 2-3 letters from friends stating that they know you as a couple...as common-law partners you'll have to get 2 letters notarized anyway.

Good luck!

 

[Saluma]

...and as for the fact, that your student visa expires in august: you could just simply go for a visit back home and come back on a 6months visitor visa, then extend it for another 6 months...depending on how long it'll take for your PR to go through...

Only thing is that you must make customs believe that you don't intend on staying in canada but are indeed just there to visit...

 

[BeShoo]

-Should we apply for a common law sponsorship as if I live in Canada or if I don't? (I have been living here for the past 3 years on a student visa but it will certainly expire before the application gets processed.)

An "outland" application is the fastest. You don't have to be physically outside the country to apply outland. Your permanent address will be in the U.S. (your parents' house probably?) but you are living temporarily in Canada, so you kind of live in two places.

-If we were to apply as if I live in Canada, would that allow me to stay in Canada or would I have to return to the States for brief periods of time. (Legally, I'm allowed to stay in Canada for 6 months at a time as a US resident and I could easily visit my family/friends for a week or two and then return.)

You need to extend your visitor status if you want to remain in Canada. When they say "6 months" the intention is that you will be in Canada less than half the year. Leaving for a week or two and then returning may have worked in the past, but it's increasingly going to be more difficult to get away with that. The U.S. and Canadian border patrols started exchanging information a few months ago, so they will have a way to know when you entered and when you left. They may give you trouble if they discover you've been spending more time in Canada than in the U.S.

If you leave just before your study permit expires, you may be able to return for a visit with no formalities, but you will still have to state the purpose of your visit, be able to show that you can support yourself for the duration of the visit without working illegally, that you will return to the U.S. at the end of your visit, etc.

I'm pretty sure you can extend your stay as a temporary resident, but switch your status from a study permit to that of a visitor. This may be the right page: http://www.cic.gc.ca/english/information/applications/visitor.asp You will have to look that over and confirm. My common-law partner (Quebec calls him a "de facto spouse" because "common law" is a British tradition that doesn't apply in Quebec) came on a visit and was given a "visitor permit" which I'm pretty sure is the same as a study permit, but with a different code number. We extended that several times. You should ask for a year. If they don't want to give you that long, they will make it shorter. Once you apply for PR it's pretty automatic to get extensions as long as you haven't violated any conditions (like working or studying).

-Should/can we hire someone to assist us with applying for the sponsorship? We have only been living together for a little over a year so I could see there being a few raised eyebrows at that but my boyfriend's definition of getting married is "Being (overly) financially secure, having a house, and having kids." We love each other and do plan on getting married but only when we're really ready to truly settle down.

As long as you're reasonably intelligent and can write in either English or French, you shouldn't really need any assistance in applying. The common-law partnership arrangement is extremely common in Quebec, and won't likely raise any eyebrows. The only thing is that you need to get used to calling each other "partners" and not "boyfriend"/"girlfriend," at least as far as the immigration people are concerned. Also, you don't want to give the impression that you are not ready to settle down. That won't fly. You need to already consider yourselves in a permanent relationship. If you get married later on, that's fine, but you don't want to tell any immigration people that you're not ready to get married yet.

I will try to answer other questions, but I think that will get you started.

 

[BubbOZ]

It seems like the fastest way for US citizens is an Outland application, same thing for Aussies. Not sure why anybody would apply Inland.

We applied Outland for my wife and only used our Quebec postal address. Then again, she was on a work visit so it was kinda expected for her to have a Quebec address.

You've raised an interesting topic. Anybody else wanna chime in?

Go Redmen/Martlet!

An "outland" application is the fastest. You don't have to be physically outside the country to apply outland. Your permanent address will be in the U.S. (your parents' house probably?) but you are living temporarily in Canada, so you kind of live in two places.