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sarahedale

Newbie
Jun 19, 2015
2
0
Hi there!

My partner and I are currently discussing the sponsorship process and cannot decide whether or not to apply under common-law or conjugal.

For some background, she is originally from New Zealand and moved in with me in September of 2014. Unfortunately, those who are from New Zealand can only get a 1 year working holiday Visa to come to Canada, and common-law sponsorship requirements state that you must have been living together for a year. The problem is, we need to get our application in this month (June), as her Visa will expire in September. Technically we haven't been living together for a year yet, but we will have on the day her visa expires. For this reason, I am concerned that if we apply now under common-law, we will be rejected as we will not have met this requirement until September.

From what I've read on Conjugal sponsorship, you should apply under this if there is anything that has prevented you from living together for at least 1 year. Perhaps this is the better option for us, as her Visa makes it impossible for us to have lived together for 1 year at the time the application must be submitted. However, my concern is that we are making a mistake by not sticking with common-law.

I am very confused and just do not want to make the wrong choice! Any feedback would be very much appreciated. Thank you!!
 
You won't be approved under conjugal since you face no barriers to becoming common law (and presumably no barriers to getting married). Your partner could extremely easily extend her visit by changing her status to visitor to live together for a full year and achieve common law status. There are also numerous other ways you could easily achieve common law (e.g. you could go to New Zealand temporarily). Again, you face no barriers to achieving common law - you can't and won't qualify under conjugal.

Don't apply for common law until you have at least one year of living together. If you apply even a day early - you can expect to be refused.

If you have further questions - post them to the Family Sponsorship section of the forum.
 
sarahedale said:
Oops, didn't mean to post in the wrong section, but thanks for the quick response!

No worries! You'll just get better answers and see more relevant threads in the Family section.