Common-Law Sponsorship Inland and implied status

[paulafalc]

Hi everyone,

I am from Brazil and I've been in a relationship with a Canadian citizen for 2 years now. He lived with me in Brazil for 6 months and 4 months later I came to Canada to live with him (Aug 17th 2016), I went back to Brazil for almost 1 month to renew my visitor status, and now almost 1 year of living together in Canada we want to start the Common-Law Partner Sponsorship in Canada Class.
According to what I read on cic we are only considered common-laws after lving together for at least one year - that would be Aug 17, 2017. My visitor visa expires on Aug 14, 2017.
From what I understood I would need to start the application at least 1 month before my status expires. So that would be July 14, 2017 when we are not yet 1 year together. Would that be considered a problem to apply as common-law if on the date of the application we have technically not cohabited for 1 year?
Other doubt is: if we decide to go ahead and apply on July 14 for the sponsorship would I get implied status until a decision is made?
Or should I apply to extend my visitor visa first? Apply to extend on July 14th, wait until Aug 17th when we will be 1 year together and only then apply for sponsorship? If so, should I ask to extend my visitor visa for 1 year? Since the sponsorship application process takes that long.
Please help, any similar experience would help. Thanks

 

[starnaenae]

Apply for a visitor visa extension. You get implied status that way. You can only have implied status with inland if you apply for an open work permit. You cant submit your application and declare yourself common law before you become common law. Id check that you still have status.... visitor visas are valid for 6 months or less

 

[paulafalc]

Apply for a visitor visa extension. You get implied status that way. You can only have implied status with inland if you apply for an open work permit. You cant submit your application and declare yourself common law before you become common law. Id check that you still have status.... visitor visas are valid for 6 months or less

Yes, I will apply for Open Work Permit with the sponsorship application. Good to know that gives implied status.
And yes, my visitor visa is valid until Aug 14th.
When it comes to applying to extend my visitor visa do I need to prove I'm in a common-law relationship and fill out the form Statutory Declaration of Common-law Union (IMM 5409) ?
Or should I apply to extend visitor visa and say my status is single (as it hasn't been 1 year yet for us to declare common-law status) and just say that one of the reasons I want to extend is to complete 1 year, become a common-law and start the sponsor process?

 

[Rob_TO]

Hi everyone,

I am from Brazil and I've been in a relationship with a Canadian citizen for 2 years now. He lived with me in Brazil for 6 months and 4 months later I came to Canada to live with him (Aug 17th 2016), I went back to Brazil for almost 1 month to renew my visitor status, and now almost 1 year of living together in Canada we want to start the Common-Law Partner Sponsorship in Canada Class.
According to what I read on cic we are only considered common-laws after lving together for at least one year - that would be Aug 17, 2017. My visitor visa expires on Aug 14, 2017.
From what I understood I would need to start the application at least 1 month before my status expires. So that would be July 14, 2017 when we are not yet 1 year together. Would that be considered a problem to apply as common-law if on the date of the application we have technically not cohabited for 1 year?
Other doubt is: if we decide to go ahead and apply on July 14 for the sponsorship would I get implied status until a decision is made?
Or should I apply to extend my visitor visa first? Apply to extend on July 14th, wait until Aug 17th when we will be 1 year together and only then apply for sponsorship? If so, should I ask to extend my visitor visa for 1 year? Since the sponsorship application process takes that long.
Please help, any similar experience would help. Thanks

You can't apply for PR even 1 day before you officially reach 12 months continuous cohabitation. This would mean you're applying when not legally common-law, and the app would be rejected.

You must apply to extend visitor status. You can do this closer to the date your current status expires, so maybe a few days before Aug 14, 2017. Applying 1 month early is not mandatory. While they are processing the extension, you will have implied status and will reach common-law status. So at this time you can complete the PR app and send it in along with OWP. The OWP would then give you implied status for the duration of your PR processing, so it wouldn't matter how long you got the visitor status extension for.

In the extension app you can state a reason is to reach common-law status. You would not fill in the Declaration of Common-law form, since you would not be legally common law yet.

If you apply for the visitor status extension too early and for some reason it's rejected before Aug 17, that would present many problems as you would be asked to leave Canada. So applying later at least means you're safe with implied status to reach the 1 year qualifying time for common-law, even if extension is rejected.

 

[canuck_in_uk]

I am from Brazil and I've been in a relationship with a Canadian citizen for 2 years now. He lived with me in Brazil for 6 months and 4 months later I came to Canada to live with him (Aug 17th 2016), I went back to Brazil for almost 1 month to renew my visitor status, and now almost 1 year of living together in Canada we want to start the Common-Law Partner Sponsorship in Canada Class.

When exactly did you go back to Brazil for a month?

 

[paulafalc]

When exactly did you go back to Brazil for a month?

I left Canada Jan 17th till Feb 06 I was in Brazil, then in NY for a week (visiting my brother), back to Canada Feb 14th, 2017.
I know that to be a common-law we need to "been living with you for at least 12 consecutive months, meaning: you’ve been living together continuously for one year, without any long periods apart.

• if either of you left your home it was for:
  • family obligations
  • work or business travel
• any time spent away from each other must have been:
  • short
  • temporary"

So I would imagine this time apart could be considered as short, temporary and a family obligation.

 

[Rob_TO]

I left Canada Jan 17th till Feb 06 I was in Brazil, then in NY for a week (visiting my brother), back to Canada Feb 14th, 2017.
I know that to be a common-law we need to "been living with you for at least 12 consecutive months, meaning: you’ve been living together continuously for one year, without any long periods apart.

• if either of you left your home it was for:
  • family obligations
  • work or business travel
• any time spent away from each other must have been:
  • short
  • temporary"

So I would imagine this time apart could be considered as short, temporary and a family obligation.

A 1 month break may be too long. This is completely at discretion of the visa officer processing your PR app. So the only way to know for sure will be to submit and see what happens.

 

[paulafalc]

A 1 month break may be too long. This is completely at discretion of the visa officer processing your PR app. So the only way to know for sure will be to submit and see what happens.

I owe a company in Brazil with my brother. Would that help to be considered a work obligation as well?
Although I am not currently working on it since I am in Canada..

 

[Rob_TO]

I owe a company in Brazil with my brother. Would that help to be considered a work obligation as well?
Although I am not currently working on it since I am in Canada..

The reasons for traveling are not really relevant. The problem is the 1 month break. Regardless of the reason for the break, the visa officer may feel 1 month apart breaks the cohabitation so you would need to start the clock again at 0 from Feb 14, 2017.

Again since there is no definition of exact times allowed, all this is at discretion of the visa officer. There will be no firm answer either way right now.

 

[paulafalc]

The reasons for traveling are not really relevant. The problem is the 1 month break. Regardless of the reason for the break, the visa officer may feel 1 month apart breaks the cohabitation so you would need to start the clock again at 0 from Feb 14, 2017.

Again since there is no definition of exact times allowed, all this is at discretion of the visa officer. There will be no firm answer either way right now.

Thank you so much for the reply Rob! I will apply to extend my visa only a few days before it expires then.. I was afraid it had to be at least 30 days before, like the cic website says.

I need to get a medical exam (to extend the visa). I have one from May 2016 (I also did lab exams and x-ray). Any chance that would still be accepted since I only lived in Brazil for 3 more months after the exam? If not, should I get one before I apply?
Does any one know if I could use travel insurance to pay for the x-ray / lab exams?
Or how much would it cost here in Canada for the medical exam + x-ray + lab exam?

 

[canuck_in_uk]

I left Canada Jan 17th till Feb 06 I was in Brazil, then in NY for a week (visiting my brother), back to Canada Feb 14th, 2017.

So I would imagine this time apart could be considered as short, temporary and a family obligation.

A month isn't that short and your trip wasn't really for family obligation. Family obligation would be a situation like a serious illness or a death, something where you needed to go home. A visit doesn't fall under that category. There is definitely the possibility that the visa officer will consider that month a break in common-law.

 

[paulafalc]

Hi guys, I have another doubt, if you could please help
The guide says that this is the order for the documents, do they mean by checklist only the checklist form (IMM5589) or all the checklist forms (application to sponsor, IMM0008 and family information IMM5406) ? They are technically not supporting documents so I am not where to place this forms....

"The order of documents should be as follows:

• checklist;
• open work permit application (and supporting documents), if applicable;
• any barcode pages;
• supporting documents, in the order they are listed on the checklist."

 

[Rob_TO]

I need to get a medical exam (to extend the visa). I have one from May 2016 (I also did lab exams and x-ray). Any chance that would still be accepted since I only lived in Brazil for 3 more months after the exam? If not, should I get one before I apply?

No that medical exam is too old. They are only valid for 1 year.

You don't do the medical exam upfront. After submitting the app you will be notified when they want you to take the medical exam.

Does any one know if I could use travel insurance to pay for the x-ray / lab exams?

No you can't. Travel medical insurance is for emergencies and unexpected medical expenses, which the immigration medical is not.

Or how much would it cost here in Canada for the medical exam + x-ray + lab exam?

It varies depending on location/doctor. I would expect from $200 - $300 or so.

 

[paulafalc]

Thanks again Rob!!
Any advice on the doubt I posted yesterday?

"Hi guys, I have another doubt, if you could please help
The guide says that this is the order for the documents, do they mean by checklist only the checklist form (IMM5589) or all the checklist forms (application to sponsor, IMM0008 and family information IMM5406) ? They are technically not supporting documents so I am not sure where to place this forms....

"The order of documents should be as follows:

• checklist;
• open work permit application (and supporting documents), if applicable;
• any barcode pages;
• supporting documents, in the order they are listed on the checklist."