Common Law sponsorship Inland HELP NEEDED URGENTLY

[Ljoes]

Hi there
I'm 22
my girlfriend is just about to turn 19
I am a canadian citizen originally from scotland but have been living here 10 years now
My girlfriend (is originally from montana in the U.S and moved here to get away from criminal and abusive adopted family, she has no family of her own to go back to either) and was actually in the process of going through common law permanent residency with another man who has just today kicked her out of his families home and left her (very complicated how we ended up getting together but thats all besides the point)
he is now kicking her out
what are all of her options now that she will be moving in with me (I do see myself spending my life with this girl but it isn't economically viable for us to get married right now
would she have to reapply with me as her partner or can her current application be edited in anyway (I was 12 when we immigrated so I know very little about the process)
also
looking to find information about her being able to work while her permanent residency is processing
She is currently on a TRV which lasts until the end of this coming year
Thank you
all help is appreciated

 

[scylla]

Have you lived together continuously for at least one full year? You won't be common law until you have completed this one year cohabitation period and won't be able to sponsor her for PR as your common law partner until this year passes. When did you start living together?

 

[canadianwoman]

You will have to apply to sponsor her - either after you get married, or after you have lived together for one year. She cannot revise her current application. She should inform CIC that that relationship is over, so the application can be cancelled. Her ex might cancel it, of course, but I would not let it continue to be processed. After you have lived with her for a year, you can sponsor her, but if for the first few months of your year together, she was also being sponsored by someone else, this will complicate things.

She is here as a visitor? She can apply to extend her stay one month before her status as a visitor will end. If she is an American citizen, she is probably not on a TRV.

 

[Ljoes]

she was literally kicked out yesterday
she told me she has a visitor's visa is that different from a trv?

 

[Decoy24601]

she was literally kicked out yesterday
she told me she has a visitor's visa is that different from a trv?

TRV=Temporary Residence Visa, aka a visitor's visa.

Is she an American citizen? If she's American, that means she is visa-exempt, which means she doesn't have a TRV most likely.

 

[Ljoes]

she is an american citizen
would there be any way at all for her to work while living here with me?
i still live with parents and they aren't too happy having her stay while not giving back to our house so a year supporting someone with me having just graduated isnt impossible just difficult
mainly such a big deal as she cannot go anywhere else

 

[Decoy24601]

she is an american citizen
would there be any way at all for her to work while living here with me?
i still live with parents and they aren't too happy having her stay while not giving back to our house so a year supporting someone with me having just graduated isnt impossible just difficult
mainly such a big deal as she cannot go anywhere else

If she could apply inland she could send off an Open Work Permit with the application and get that after 4 months.

How long has she been in Canada? If it's been more than 6 months, she's likely out of status. People who are out of status do not qualify for the OWP. I could be wrong, but I've never heard of someone who is visa-exempt, especially from the US, being issued a TRV. US citizens are generally given 6 months of entry at the border.

As other's have said, you either need to live with her continuously for a full year or get married to sponsor her.

 

[Ljoes]

she is still living in canada so it'd still be applying inland
she's been in canada a little over a year she just showed me her visitor visa
so four months from now she could apply for a work permit? or four months after her permanent residents application?
16 months from now?

 

[Decoy24601]

Again, you cannot sponsor her unless you have lived together continuously for 12 months or get married. So, if you just started living together, she wouldn't be able to work for roughly 16 months.

The OWP is applied for at the same time as the inland application and is mailed with the inland PR application to the CIC. It takes 4 months for the OWP to process and be issued.

Make sure that she notifies the CIC that she is no longer being sponsored by the other person and that the relationship has broken down and that she wishes to withdraw her application.

It's also possible, once she qualifies, for her to apply outland. Yes, it's possible to apply outland when a person resides in Canada. American applications generally are taking anywhere from 2-6 months right now, but your case does have some red flags that would make me concerned that there's a possibility the CIC would want to have her do an interview. If that happens, her case will be forwarded to Los Angeles and would take a lot longer. She would have to travel to Los Angeles to attend the interview. Maybe another member can chime in on the red flags in your case.

 

[Aquakitty]

she is still living in canada so it'd still be applying inland
she's been in canada a little over a year she just showed me her visitor visa
so four months from now she could apply for a work permit? or four months after her permanent residents application?
16 months from now?

You are getting your information crossed.

- Americans can't get visas, they can get a TRP but that's not relevant to her. So, she probably has a visitor record. It looks like a piece of official paper. When's it good till?

- You are confused between outland and inland. She can apply outland while living in Canada. Outland is generally much, much faster, but this case might be more complicated due to the previous common-law situation. She can't apply for ANY PR right now until you either live together for 1 full year or get married.

- ONLY with inland can she get a work permit. But again, you must be married or commonlaw. The downside to inland is it takes up to 2 years to process. The work permit sometimes takes longer to get than the entire outland PR process.

 

[scylla]

she is still living in canada so it'd still be applying inland
she's been in canada a little over a year she just showed me her visitor visa
so four months from now she could apply for a work permit? or four months after her permanent residents application?
16 months from now?

In one year you will be able to sponsor her for PR using the inland method after you have lived together for a full year. Four months from the time you apply she will get an open work permit. So you are 16 months away from the open work permit.

 

[Rob_TO]

and was actually in the process of going through common law permanent residency with another man who has just today kicked her out of his families home and left her (very complicated how we ended up getting together but thats all besides the point)

It's not beside the point, it's actually very relevant to the application. It sounds like you started dating her while she was already in a common-law relationship and going through sponsorship with someone else. This will present a big red flag to CIC with any future application, since they may suspect she is just jumping into relationships in order to get PR status. They will wonder if she was in a relationship with you, why didn't she cancel her current sponsorship application at that time?

would she have to reapply with me as her partner or can her current application be edited in anyway

She must IMMEDIATELY cancel her current application. The longer she lets it continue while she is separated from that sponsor, the worse it will be for her next PR application.

she is an american citizen
would there be any way at all for her to work while living here with me?
i still live with parents and they aren't too happy having her stay while not giving back to our house so a year supporting someone with me having just graduated isnt impossible just difficult mainly such a big deal as she cannot go anywhere else

That is your only option. If you started living together yesterday, you won't be officially common-law with her until May 14, 2017. So a short time after that is the earliest you can sponsor her for PR.

Highly doubtful she will be able to get any work permit during the next 1+ year. And she needs to make sure she keeps extending her visitor status as its set to expire. Also if you and her decide to apply inland after May 2017, she will only qualify for an OWP if she has valid visitor status at the time.

 

[canuck_in_uk]

It's not beside the point, it's actually very relevant to the application. It sounds like you started dating her while she was already in a common-law relationship and going through sponsorship with someone else. This will present a big red flag to CIC with any future application, since they may suspect she is just jumping into relationships in order to get PR status. They will wonder if she was in a relationship with you, why didn't she cancel her current sponsorship application at that time?

Agreed. She was living with and being sponsored by a supposed common-law partner when in reality, she was in a relationship with you. She was essentially committing fraud by trying to be sponsored when she wasn't in a real relationship with this other person.