Common-law sponsorship

[dude182]

Hi there,

I've recently received my PR, I've not yet landed but will be landing early 2023.

Me and current girlfriend have been dating for a while but at the time that I've landed we've only stayed together for about 10 months now i.e. we are not considered a common-law partnership.

We are planning to go back together in early 2024 / end of 2023 and at that time we would have been living together for more than 12 months and are considered common-law. I would like to sponsor her via the inland common-law sponsorship program.

She is going to apply for a visitor's visa when we go together, when we're both there we'll start the application process.

Just want to check if I'm missing something?

Kind Regards

 

[Naturgrl]

Hi there,

I've recently received my PR, I've not yet landed but will be landing early 2023.

Me and current girlfriend have been dating for a while but at the time that I've landed we've only stayed together for about 10 months now i.e. we are not considered a common-law partnership.

We are planning to go back together in early 2024 / end of 2023 and at that time we would have been living together for more than 12 months and are considered common-law. I would like to sponsor her via the inland common-law sponsorship program.

She is going to apply for a visitor's visa when we go together, when we're both there we'll start the application process.

Just want to check if I'm missing something?

Kind Regards

Common law is one year of continuous cohabitation. You will not meet the definition of common-law. You need proof of one year cohabitions - bank accounts, leases, loans, insurance, utilities etc.

To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

 

[dude182]

Common law is one year of continuous cohabitation. You will not meet the definition of common-law. You need proof of one year cohabitions - bank accounts, leases, loans, insurance, utilities etc.

To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

Hi, I understand this. I'm going to be landing in 2023, but I'm only going for 2 weeks (just become landed and to scope out where we might want to stay) and then I'm going back to my home country. Then only after another year of living together we'll be going back. Does that make sense?

 

[Naturgrl]

Hi, I understand this. I'm going to be landing in 2023, but I'm only going for 2 weeks (just become landed and to scope out where we might want to stay) and then I'm going back to my home country. Then only after another year of living together we'll be going back. Does that make sense?

Ok. But she still needs to be able to get a TRV based on her funds, travel history and ties to home country (job letter with approved leave, business, investment properties etc.) TRV is not guaranteed so need a plan for that.

 

[dude182]

Ok. But she still needs to be able to get a TRV based on her funds, travel history and ties to home country (job letter with approved leave, business, investment properties etc.) TRV is not guaranteed so need a plan for that.

I'm assuming TRV is short for travel visa? Yes! That would be the one barrier that we would need to get past (that I could think of). That is the main thing I actually want to discuss.

I think her funds and travel history are fine, not exactly sure what she could say for ties to home country - her family is there.

If the TRV is successful and they ask her for her reason for travelling, should she say she is visiting me (common-law partner) or what would be the best thing to say?

Just wanted to make sure about the above - so just confirm, if we get past the TRV - we could do the common-law sponsorship?

Sorry about all the questions, I really appreciate all the help!

 

[Naturgrl]

I'm assuming TRV is short for travel visa? Yes! That would be the one barrier that we would need to get past (that I could think of). That is the main thing I actually want to discuss.

I think her funds and travel history are fine, not exactly sure what she could say for ties to home country - her family is there.

If the TRV is successful and they ask her for her reason for travelling, should she say she is visiting me (common-law partner) or what would be the best thing to say?

Just wanted to make sure about the above - so just confirm, if we get past the TRV - we could do the common-law sponsorship?

Sorry about all the questions, I really appreciate all the help!

Travel history is to the US, NZ, AUS or NZ. Family ties if you are common-law are you and if you had children, not parents. Either way, she has to apply for common-law sponsorship and you need really strong documentation that you are. You need to change your status with IRCC as common-law once you are.

 

[dude182]

Ok. But she still needs to be able to get a TRV based on her funds, travel history and ties to home country (job letter with approved leave, business, investment properties etc.) TRV is not guaranteed so need a plan for that.

Travel history is to the US, NZ, AUS or NZ. Family ties if you are common-law are you and if you had children, not parents. Either way, she has to apply for common-law sponsorship and you need really strong documentation that you are. You need to change your status with IRCC as common-law once you are.

Okay awesome, thanks.

Documents - we have a shared lease agreement and also shared bank account, lots of photos, chats etc.

Family ties - No children involved, so can't use that. Will have to think about this one.

So as soon as we are common-law I should change my status with the IRCC?

Just one last question, should she say she is visiting me (common-law partner) or what would be the best thing to say as reason for visiting?

 

[Naturgrl]

Okay awesome, thanks.

Documents - we have a shared lease agreement and also shared bank account, lots of photos, chats etc.

Family ties - No children involved, so can't use that. Will have to think about this one.

So as soon as we are common-law I should change my status with the IRCC?

Just one last question, should she say she is visiting me (common-law partner) or what would be the best thing to say as reason for visiting?

If you are common law then IRCC must be notified. This will weaken her chances for a TRV as you should be sponsoring her. A TRV is to visit not move permanently. So she wants a very strong TRV profile.

 

[dude182]

If you are common law then IRCC must be notified. This will weaken her chances for a TRV as you should be sponsoring her. A TRV is to visit not move permanently. So she wants a very strong TRV profile.

I want to do that but I can only sponsor her if she is in Canada?

Or is it better to do an outland sponsorship and then apply for a TRV?

 

[Naturgrl]

I want to do that but I can only sponsor her if she is in Canada?

Or is it better to do an outland sponsorship and then apply for a TRV?

You can only sponsor her if you are living in Canada. You apply outland (if she is outside Canada) or inland. It is a 50-50 chance for her to have her TRV approved once you start outland sponsorship. Inland can only happen in she comes to Canada as a visitor.