Conjugal vs Common-law vs Study permit. Oy, how do it get in??

[Oink]

Hi Everyone,

I've been been trying to read up on Canada's immigrations laws for months now and I'm still confused.... and would love some help.

My boyfriend and I have been together for 3 years and have been living together for 2 years in the US. He is a dual citizen and he is starting school in BC for this winter's term. We initially thought he would be able to defer his admittance for a year which would give us enough time to fill out all of the paper work for my immigration as a common-law partner. However, due to the nature of his admittance to school he couldn't defer and has to start now. Since we shared our apartment and financials, I have no other options than to move to Canada or be without him. So, I've decided to move to Canada. I'm hoping to get some advice on which of the following options will be the best way for me to move and stay in Canada (and preferably work too).

1) Is it still possible to apply for Common-law now that he's already in Canada? If so, can I submit an inland application? Will I able to leave Canada for short visit while my application is being processed?

2)Yesterday he was told (by someone at a gov't office) that we would have to apply for a Conjugal Partnership? I'm so confused by this? Why would we be advised to file as conjugal partners if we've been living together for so long?

3) I would like to start taking part time classes at a community college in BC and working. Does having a study permit help my chance of option 1 or 2 being approved?

I would like to leave next month to Canada and stay on a 6 month visitor's pass. I was told that I should NOT say that I'm visiting my boyfriend otherwise I might get a visa for only 3-days. Also, does getting an immigration lawyer make my chance of getting a PR increase? I'm really worried and very soon I won't have a place to live because I can't afford rent without him. Any help provided would be greatly appreciated.

 

[scylla]

1) Yes - he can start the application from Canada. Since he's a Canadian citizen, he actually could have started the application from the US. Also since you're an American, definitely submit an outland application (way way shorter).

2) Apply as common law (not conjugal). It's very hard to prove conjugal and it would most likely fail in your case since there are no barriers preventing the two of you from living together and/or getting married.

3) No - this won't make a difference.

One word of caution... You can't "move" to Canada until you have actually been granted permanent residence status. If you arrive at the border with your boyfriend and a whole bunch of your stuff (i.e. looking like you are moving), there's a very good chance you might not be allowed in the country and/or only allowed to visit for a short time. Make sure you act like a visitor and pack light.

I wouldn't go with a lawyer (just my opinion). Most of us here have done without one and I personally think there are a number of reasons why it's actually better to put your own application together.

Good luck!

 

[Oink]

Thanks for your answers. Though, will living in Canada with a study permit prevent me from submitting an outland application? I really would like to take classes. Also, I was told that if you leave Canada (back to the US) every three months or so, for at least a week, you won't have to worry about capping your six month visitor visa limit. Is that true?

 

[scylla]

You can be in Canada while an outland application is being processed. I don't believe the student visa should have an impact - hopefully someone else can confirm.

The following answer assumes that you don't have a student visa but will just be in Canada as a visitor... Yes - every time you leave Canada and re-enter you technically reset the six month limit. However, being allowed into Canada is a privilege (not a right). Border guards have the option of: letting you in for the full six months, letting you in but limiting your visit to just a few weeks/months, and denying you entry completely. There are even one or two Americans on this board who have actually been banned from Canada for a year. In short, if you behave more like a resident than a visitor (what you've described is behaving as a resident of Canada since you'll be spending most of your time here), you increase your chances of running into problems at the border.

The best advice I can give you (apart from packing light when you hit the border) is to get a Nexus card. It's well worth the investment. My husband crossed back and forth frequently between the US and Canada for three years (spending most of his time in Canada) and never ran into a problem. I firmly believe the reason why he was able to do this so easily was thanks to the Nexus card. I have one now too and love it.

 

[Oink]

Well, I definitely will just be a visitor/student for the first year. I plan on doing a lot of traveling over the year and don't see my self being in Canada longer than 3 months at a time. I will definitely look into the Nexus card. It seems like a smart way to travel in general. My soon to be common-law has at least 3 years to finish up his degree. I guess I'm just looking at the long term and the need to find a job eventually so that I am able to live with him.

I looked on the immigration website and it says that it takes about 11 months to process an outland application from the states. Should I really rely on that estimate? I know a lot of you have gone through Buffalo, has it been your experience to receive a visa/PR within that amount of time?

 

[scylla]

Check the top of the CIC page - the 11 months is for 80% of applications processed. So yes, many of us have gone through faster.

Have you reviewed the student visa info? If you're planning to study for six months or more, then I believe you will need to apply for a visa. (Not sure what type of courses you had in mind.)

 

[BeShoo]

Once you have lived together for a minimum of one continuous year in a conjugal (marriage-like) relationship, you are common law partners. A conjugal partnership is only for people who haven't been able to live together for one continuous year. When you get to the end of the one year the common law partnership continues unless you start living apart for a certain period of time and the reason you are living apart is due to a breakdown in the relationship. Even if that were the case, you can start living together again and the partnership resumes on the first day.

I don't think that a study permit would either strengthen or weaken your application for PR.

If you are coming for a visit, you need to indicate generally what you will be visiting (aside from your boyfriend), that you can support yourself without working (or that your boyfriend can), and that you have a place to go back to and are willing and able to go back there. (If necessary, maybe your parents' place?)

Normally if you're only coming for a short visit (even, say, a week), you'll be able to stay for 6 months, but if you tell them you want to stay for 6 months, they may get nervous. They may question whether you have any real ties back home.

 

[Oink]

Thanks for all of the great advice everyone!

I arrived in Canada one month ago and I had no problems with the customs agent at the boarder. I now have a "visa" for six months (though I plan on leaving to travel soon), and last week I got a call from the school in Canada that I applied to saying that I was accepted and need to send in my study visa! Great, right? Except now, I'm confused on the right way to apply.

Like I said my BF has dual citizenship Canadian (through his dad)/American (by birth). The reason why he is in Canada is because he is attending a Uni. We both intend to settle in the states together once he graduates because our families are there.

Here is were I started to get confused. As I was filling out my study visa application I noticed that there was section saying that a spouse or common-law partner can accompany a student in a 4 year degree program and get an open work permit. So my questions are... does this mean that I have to claim him as common-law spouse on my Study Visa app even though he's a Canadian citizen? And will I be eligible for a open work permit because he is a full-time student? Will adding him as a common-law spouse on my study permit put my PR application in jeopardy?

At the end of the day getting a study visa and applying for a open work permit is much cheaper than applying for PR. But, l'm assuming that since he is a citizen and not here on a study visa that, I'll have to go through the longer and more expensive process of applying for a PR. But I'm not sure. ???

Any help would be greatly appreciated, Oy.

 

[BeShoo]

If a person is coming to Canada on a (temporary) work or study permit, that person is allowed to bring along his or her spouse/partner, but a citizen is expected to be living in Canada, so they would sponsor you for a permanent resident visa. It is more expensive, but it's "permanent." (There are some residency requirements for it to continue.)

I think need to mention your partner on your application, but you're not bringing him with you because he is already in Canada.

As for the time requirements of the application, I'm not sure that a PR application takes longer. From what I understand (someone will correct me) and OWP can take a long time to process, even 2 or 3 years, but a spousal PR is supposed to get priority processing and is normally done (for an external US one) in 6-12 months.

Once you've spent the required time either living in Canada or living with your Canadian spouse/partner in another country, you could be eligible to apply for Canadian citizenship. (You are not required to renounce any other citizenship you may have.) Once you are a Canadian citizen, it really is permanent and you can come and go any time at all.

So, definitely add him as a common law spouse, but maybe attach a note explaining that he is a Canadian citizen and that he is currently living in Canada.