Girlfriend is out of status, please help!

[immigrationhelp95]

Hello, so my girlfriend and i been together for the past 5 years. She originally came here as an International student, we met towards the end of her study, we lived together for few months before she left the country. She went back home in March 2014 and came back to Canada with holiday visa(she bought the return ticket home), the relationship got serious and we couldnt imagine being separated and didnt wanna get married just because, so she overstayed her visa since then.

I got a good job since and we've saved up quite a bit and we are planning to apply this year. the question is, do we have a good chance to get accepted? considering she's been overstaying for awhile and her passport is also expired. please help!

 

[scylla]

Hello, so my girlfriend and i been together for the past 5 years. She originally came here as an International student, we met towards the end of her study, we lived together for few months before she left the country. She went back home in March 2014 and came back to Canada with holiday visa(she bought the return ticket home), the relationship got serious and we couldnt imagine being separated and didnt wanna get married just because, so she overstayed her visa since then.

I got a good job since and we've saved up quite a bit and we are planning to apply this year. the question is, do we have a good chance to get accepted? considering she's been overstaying for awhile and her passport is also expired. please help!

Have you lived together continuously for at least a year so that you can be classified as common law? You must either be common law or married to be able to sponsor her for PR. If you apply as common law, you'll need to supply proof that you've lived together for the year continuously (e.g. joint lease, joint bank / credit cards, etc.).

She needs to have a valid passport in order to apply for PR. She needs to look into renewing her passport. Without a valid passport, applying for permanent residency won't be possible.

 

[immigrationhelp95]

yes, we have been living together, we have pictures together with her, our dog and her with my family. bunch of holiday letters as well. but we dont have any joint bank account. would that be a problem?

 

[immigrationhelp95]

Have you lived together continuously for at least a year so that you can be classified as common law? You must either be common law or married to be able to sponsor her for PR. If you apply as common law, you'll need to supply proof that you've lived together for the year continuously (e.g. joint lease, joint bank / credit cards, etc.).

She needs to have a valid passport in order to apply for PR. She needs to look into renewing her passport. Without a valid passport, applying for permanent residency won't be possible.

yes, we have been living together, we have pictures together with her, our dog and her with my family. bunch of holiday letters as well. but we dont have any joint bank account. would that be a problem?

 

[scylla]

yes, we have been living together, we have pictures together with her, our dog and her with my family. bunch of holiday letters as well. but we dont have any joint bank account. would that be a problem?

Pictures and letters are proof of your relationship - they don't prove cohabitation. You need evidence that shows you have resided at the same address for at least one year continuously.

 

[scylla]

See here for examples of the kind of proof you need to show common law:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=347&top=14

 

[immigrationhelp95]

Pictures and letters are proof of your relationship - they don't prove cohabitation. You need evidence that shows you have resided at the same address for at least one year continuously.

sorry, i should have specified more, yes, we do have receipts for rent, and lease agreement together, the only thing we're lacking is her expired passport and lack of joint bank account. we have multiple witnesses who can testify that we have been living together for the past 5 years.

 

[scylla]

sorry, i should have specified more, yes, we do have receipts for rent, and lease agreement together, the only thing we're lacking is her expired passport and lack of joint bank account. we have multiple witnesses who can testify that we have been living together for the past 5 years.

In that case you should be fine - apart from the passport. She needs to renew her passport.

 

[zardoz]

You also need to consider, given that she is out of status already and potentially subject to removal, whether or not the inland (Spouse or Common-Law Partner in Canada class) is the best way forward. She's not eligible for the Open Work Permit and a removal would kill her application. Maybe outland (Family Class) would be safer?

Hope she is not illegally working....