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Help for moving to be with Canadian girlfriend

Annmarie17

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Apr 13, 2018
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Hi, i'm looking for help on figuring out how to move my American boyfriend into Canada with me. He is 18 and I am 17, turning 18 in November. We've been together 2 and 1/2 years and have met once. I have some ideas on how we could go about it but i'm not sure if they would work out.
One process is through common-law/conjugal sponsorship.
So, if he were to come up and stay with me for a year, by extending his visitor stay or temporary visa or whatever they give him, would that qualify us as common law if we were living together? Even if we were living with my parents? Would the amount of time he lives with me before i turn 18 even be counted?
If we went with conjugal, would he be denied for any reason?
How much are the application fees for these programs and how long does it take for someone to get through? Any other tips and suggestions would be greatly appreciated, i've been trying to look on the government of canada website but the information is hard to find and not very specific sometimes. Thanks in advance.
 

scylla

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You'll be denied if you go conjugal. You don't qualify for conjugal. Conjugal is for people who cannot get married and cannot become common law. You can easily do both since he's from the US. Do not apply as conjugal. Again, refusal is guaranteed.

Your options are to either get married or live together for a full year continuously to become common law. Yes - you can live with your parents together and become common law. Once you are either married or common law, you can submit the sponsorship application. Processing will take around a year. Costs will be around $2K once you factor in the fees, medical and other expenses.

If you want other tips, recommend that you dedicate a few weeks to reading through the posts in the Family Sponsorship section of the forum.
 
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Annmarie17

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Apr 13, 2018
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You'll be denied if you go conjugal. You don't qualify for conjugal. Conjugal is for people who cannot get married and cannot become common law. You can easily do both since he's from the US. Do not apply as conjugal. Again, refusal is guaranteed.

Your options are to either get married or live together for a full year continuously to become common law. Yes - you can live with your parents together and become common law. Once you are either married or common law, you can submit the sponsorship application. Processing will take around a year. Costs will be around $2K once you factor in the fees, medical and other expenses.

If you want other tips, recommend that you dedicate a few weeks to reading through the posts in the Family Sponsorship section of the forum.
Thank you! This gives me another question. I read on Canada.ca that after living in Canada for two years you can apply for a PR card. I couldn't find any specific requirements but i'm sure there are some. So, say he lives with me for one year, then i apply to sponsor him and it takes another year like you said. Does that mean he is automatically a permanent resident, or does he have to apply, or does the common-law sponsorship (once it processes) make him a permanent resident? Would he be able to apply for something like an open work permit while he waits for it to process/ is there any other ways he could get any kind of work before or after application?
 

scylla

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Jun 8, 2010
92,902
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Toronto
Category........
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Buffalo
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Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
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28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you! This gives me another question. I read on Canada.ca that after living in Canada for two years you can apply for a PR card. I couldn't find any specific requirements but i'm sure there are some. So, say he lives with me for one year, then i apply to sponsor him and it takes another year like you said. Does that mean he is automatically a permanent resident, or does he have to apply, or does the common-law sponsorship (once it processes) make him a permanent resident? Would he be able to apply for something like an open work permit while he waits for it to process/ is there any other ways he could get any kind of work before or after application?
You're confusing different things. The two years of living in Canada is for people who are ALREADY permanent residents. They must live in Canada for 2 out of every 5 years to be able to renew their PR status.

Once you've lived together for a year or are married, you will sponsor him for PR. Processing will take around a year. After that, he will be a permanent resident.

As for the open work permit, he will not qualify for an open work permit during the year you live together to become common law. Once you are common law, you can sponsor him for PR inland and include an open work permit with the PR application. The open work permit will be granted around four months after the complete application to sponsor him is received. So that means if you go the common law route, it will be at least 16 months from the time he arrives in Canada before he'll possibly have an open work permit.
 
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Rob_TO

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Thank you! This gives me another question. I read on Canada.ca that after living in Canada for two years you can apply for a PR card. I couldn't find any specific requirements but i'm sure there are some. So, say he lives with me for one year, then i apply to sponsor him and it takes another year like you said. Does that mean he is automatically a permanent resident, or does he have to apply, or does the common-law sponsorship (once it processes) make him a permanent resident? Would he be able to apply for something like an open work permit while he waits for it to process/ is there any other ways he could get any kind of work before or after application?
If he came here as a visitor and extended his stay to live with you 1 year to become common-law, then you could sponsor him for PR. After applying for PR, he could get an Open Work Permit after 3-4 months.

However, this is probably around 16 months where he can do NOTHING in Canada. He can't work, and can't go to school (at least without getting a study permit and paying expensive international student fees). What would an 18 year old do all this time with no work or school? Are your parents ready to support him like one of their own kids, or does he have a ton of savings he can live off of for over a year?
 
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Annmarie17

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Apr 13, 2018
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If he came here as a visitor and extended his stay to live with you 1 year to become common-law, then you could sponsor him for PR. After applying for PR, he could get an Open Work Permit after 3-4 months.

However, this is probably around 16 months where he can do NOTHING in Canada. He can't work, and can't go to school (at least without getting a study permit and paying expensive international student fees). What would an 18 year old do all this time with no work or school? Are your parents ready to support him like one of their own kids, or does he have a ton of savings he can live off of for over a year?
For the Common Law route, we plan on having him save enough to pay my parents 200-250 dollars a month rent for up to 2 years, plus the 2000 in fees. Extra expenses I would help him with since I'd be working. Even helping out my parents every day with whatever, he's not going to be doing much and it definitely sucks, but there doesn't seem to be a better way to go about this without us having to be apart for several more years. Unless we get married, then he'd be doing nothing for at least 4 months while we wait for marriage license/open work permit. Getting married at 18 isn't really preferable to us, but its starting to look like it might be the better option. Unless they can/will deny us because we marry young or because we marry to make the immigration process faster. Do you think they would?
I've also been wondering how a common-law person, or even a spouse i guess, proves they have been living with the sponsor. They say things like drivers license's and bank accounts are good proof. But from the looks of it, if he is here officially as a visitor, he won't be able to open a Canadian bank account? And i'm not sure on the drivers license after (we'll live in Saskatchewan). They say rent receipts work too, but since we're living with my parents we won't have official documents. Is there any way to make something up at home that can work as proof for the rent? TIA
 

canuck78

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For the Common Law route, we plan on having him save enough to pay my parents 200-250 dollars a month rent for up to 2 years, plus the 2000 in fees. Extra expenses I would help him with since I'd be working. Even helping out my parents every day with whatever, he's not going to be doing much and it definitely sucks, but there doesn't seem to be a better way to go about this without us having to be apart for several more years. Unless we get married, then he'd be doing nothing for at least 4 months while we wait for marriage license/open work permit. Getting married at 18 isn't really preferable to us, but its starting to look like it might be the better option. Unless they can/will deny us because we marry young or because we marry to make the immigration process faster. Do you think they would?
I've also been wondering how a common-law person, or even a spouse i guess, proves they have been living with the sponsor. They say things like drivers license's and bank accounts are good proof. But from the looks of it, if he is here officially as a visitor, he won't be able to open a Canadian bank account? And i'm not sure on the drivers license after (we'll live in Saskatchewan). They say rent receipts work too, but since we're living with my parents we won't have official documents. Is there any way to make something up at home that can work as proof for the rent? TIA
Just warning you that your bf can't do any work for your parents that could be considered paid work while he doesn't have a work permit. Common law has many of the same legal implications as getting married and shouldn't be taken lightly. Your parents will likely have to agree to support the both of you in order for his visa to be approved. They will have to show enough savings in order for the visa to be approved.
 
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Annmarie17

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Apr 13, 2018
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Just warning you that your bf can't do any workforce your parents that could be considered paid work while he doesn't have a work permit. Common law has many of the same legal implications as getting married and shouldn't be taken lightly. Your parents will likely have to agree to support the both of you in order for his visa to be approved. They will have to show enough savings in order for the visa to be approved.
Yeah, any work he would do would be pretty much chores. Chopping wood, weeding the garden. Gratitude for cheap rent, and something to do since he'll have no work.
 

canuck78

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Yeah, any work he would do would be pretty much chores. Chopping wood, weeding the garden. Gratitude for cheap rent, and something to do since he'll have no work.
As I previously said he can't do any of that under a visitor visa until he can work legally in Canada.
 

canuck78

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He can sweep the floor but things like yard work, little construction jobs, childcare, etc that a Canadian could be paid to do isn't allowed.
 

Annmarie17

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He can sweep the floor but things like yard work, little construction jobs, childcare, etc that a Canadian could be paid to do isn't allowed.
So, what do other spouses/partners do while they are waiting for applications to process or gaining common law status? As far as i Know there are no other options but to do nothing.
 

canuck78

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He is a visitor. The government doesn't have to help you establish common law status. Many have to get married and apply outland because they don't have the savings or can't get a visa. Some people may already be working or studying while they establish common law and others do nothing. Given your young age, lack of savings (I'm guessing) and low rent CIC will be looking out for things like mentioning he has been helping around the house. It is very unusual for sponsorship at such a young age.
 

zardoz

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So, what do other spouses/partners do while they are waiting for applications to process or gaining common law status? As far as i Know there are no other options but to do nothing.
Study courses of less than 6 months duration are permitted, if I remember correctly. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=484&top=15

This is always something that you need to take into consideration when applying for sponsored PR but with a "visitor" immigration status.