Common Law through Visitor Status

[owlterm]

Hi all,

My girlfriend (Canadian citizen) and I (US citizen) have been in a relationship for over 2 years now. There have been visits on each side, and we're now looking for the best direction to take.

She is a university student. I have a US job as a web developer and am working remotely from/staying in her student housing provided studio apartment since August. The job is OK paying, and I have ~$17,000 CAD in savings. I had planned on staying in Canada for 12 months (with some [~3-4] minor returns home), as a visitor, for us to achieve common law status. Now I am getting nervous about the possibility of being denied back in (as I have left/will leave for a few days for work meetings and Christmas.) So much so that I am concerned if I get denied entry, that would change any future application for sponsorship.

I guess I have a pretty loaded question here, so I'm just looking for advice and experiences for my two options: (a) attempting to return to Canada after Christmas and trying to stay until August 2018 or (b) going back home, visiting Canada on/off, and waiting until we decide to get married. We're in a very serious and committed relationship, but have not married yet due to our age. There's also the fact that I don't know how "legitimate" our cohabitation looks to immigration as we have no official lease. We do have a joint bank account.

Would you be concerned attempting to stay in my shoes? I've read somewhat close experiences with it working out, and also some not so much. I really want to stay with her, but shooting myself in the foot is not what I want either. I know getting a work visa would be amazing; however, it seems to be difficult (or near impossible) as a mid level web developer because of LMIA.

Any thoughts would be super appreciated. I'm very stressed about this, and want to be legitimate!

 

[scylla]

The 12 months of cohabitation needs to be continuous in order for you to claim common law. So one thing you need to make sure you do is keep your time apart at a minimum. How long do you plan to be apart at Christmas? You should try to keep it to 2 weeks or less to avoid problems.

You also need to see what you can do to strengthen your evidence of cohabitation. Ideally you should have a joint lease. Since it looks like that's not possible - can you have her landlord write and notarize a letter to confirm you are living together?

 

[owlterm]

The 12 months of cohabitation needs to be continuous in order for you to claim common law. So one thing you need to make sure you do is keep your time apart at a minimum. How long do you plan to be apart at Christmas? You should try to keep it to 2 weeks or less to avoid problems.

You also need to see what you can do to strengthen your evidence of cohabitation. Ideally you should have a joint lease. Since it looks like that's not possible - can you have her landlord write and notarize a letter to confirm you are living together?

For Christmas we will be apart for two periods (6 days apart, then together, then 4 days apart) totaling 10 days.

The housing is university provided, so I'm not sure what they'll be able to give us. I am an official designated guest/roommate, so I might be able to get something. What I've been doing is depositing money every month into our joint bank account, which I was hoping to notate on bank statements.

 

[scylla]

For Christmas we will be apart for two periods (6 days apart, then together, then 4 days apart) totaling 10 days.

The housing is university provided, so I'm not sure what they'll be able to give us. I am an official designated guest/roommate, so I might be able to get something. What I've been doing is depositing money every month into our joint bank account, which I was hoping to notate on bank statements.

One bank account as evidence is extremely thin - it won't be enough. What else can you show to prove cohabitation? Joint utility bills? Letters dating back to last August send to your shared address with each of your names on it? Anything like that?