HELP! Pregnant Canadian Citizen and American partner

[Socloseyetsofar]

Hey so I'm trying to find stuff online regarding my situation but it's a bit unique... so I am a Canadian Citizen living in Canada and pregnant... my partner is an American citizen and I would like to apply for his permanent residency so we can finally live together. We have been together for 3 years. I am currently self employed and my income has pretty much dropped to zero since getting pregnant... He currently lives and works very close to a Canadian border but We are both hoping to relocate to the Canadian side so that we can finally live together. So my questions are basically what do I need to apply for so that we can live together but he can still maintain his employment on the American side and is this even possible?

 

[IuliaMB]

To sponsor him you must be common law or married. Common law means having lived together for at least one year.

So as i see it now, you'd have to marry him in order to sponsor him.

 

[Socloseyetsofar]

To sponsor him you must be common law or married. Common law means having lived together for at least one year.

So as i see it now, you'd have to marry him in order to sponsor him.

I could be wrong but I have done some research and I'm pretty sure we fall into the conjugal relationship category.... Conjugal Partner Relationship
A conjugal partner relationship is a relationship that does not fit the requirements of a common-law relationship because of circumstances beyond the control of you and your partner. In other words, this kind of relationship is more than just a physical/sexual relationship but, for some reason, you and your partner have been unable to live together for at least one year in a marriage-like relationship, or have been unable to legally marry. One reason might be because you are living in separate countries and there is an immigration barrier. You will not be considered to be in a conjugal partner relationship if you and your partner could have lived together in a common-law relationship but chose not to do so.

 

[truesmile]

Agreed. You have "chosen not to do so". So you are not eligible to apply as conjugal.

On an aside, I suggest that he, or he and you both apply for your NEXUS cards . . . it makes crossing the border where there is a NEXUS lane so much easier.

 

[IuliaMB]

Yes, you guys may have a shot at that.

To my knowledge that is more often applied to couples who can't get to each other because of immigration barriers, or could not get married for different reasons (such as same sex couples not being able to legally marry). I think CIC might be able to make the case that travel between the US and Canada is possible, as would have been getting married in either of the countries.

However, it is true that you could not have lived together for a full year. So I think you do have a shot. I think it would really be worth it for you to talk to a immigration lawyer and find out what your options are. I wouldn't advice spending the money on hiring one to apply for you, but just paying for a consultation to have your questions answered.

Good luck! And congrats on the pregnancy.

 

[truesmile]

NO, they do NOT have a shot. And if an immigration consultant or lawyer tells you otherwise RUN from that establishment.

 

[Socloseyetsofar]

I'm confused because I thought that common law means you are not married but still in a relationship that qualifies for spousal sponsorship. We both would have loved to be living together common law for the last three years but as a result of an immigration barrier we were not able to... we did not chose not to.

 

[IuliaMB]

NO, they do NOT have a shot. And if an immigration consultant or lawyer tells you otherwise RUN from that establishment.

My first thought was that, but i chose to say that it might be possible and that she should consult an immigration lawyer because i am not 100% familiar with the laws when it comes to US-Canada immigration.

Yes, they could have gotten married at any point. They both can cross the border to visit each other, however, for them to be living together on either side would have meant one of them having nothing but "visitor" status, is that correct? So no work, no healthcare privileges and so on.

 

[Socloseyetsofar]

So how can we live together for 12 consecutive months? I can't just go to the US and live there for 12 months because I'm pretty sure I need a green card and he can't just pack up and move to Canada either without some kind of Sponsorship correct?

 

[IuliaMB]

I'm confused because I thought that common law means you are not married but still in a relationship that qualifies for spousal sponsorship. We both would have loved to be living together common law for the last three years but as a result of an immigration barrier we were not able to... we did not chose not to.

Common law means not married but having lived together for at least one year. What everyone is trying to say is that because travel between US and Canada is possible there was no immigration barrier to getting married. I would argue that there was an immigration barrier to continuously living together for one year. I am not sure which stance CIC would take in this case.

 

[Orisk]

Sorry to say, but I agree with most people here.

You do not qualify for Conjugal Partner Relationship as living in 2 different countries is not really an immigration barrier. An immigration barrier in your case are things like applying for a visitor/work/student visa for an extended period of time in Canada and getting refused. By what you are saying, it doesn't sound like neither of you tried to do that.

Adding to this, if for some reason you do decide to apply for PR outland under Family Sponsorship class, he needs to provide proof of his willingness and desire to relocate to Canada (like a job offer from a canadian company). I'm not an expert on this topic but him wanting to keep his job on the american side doesn't look too good on his application.

 

[Orisk]

So how can we live together for 12 consecutive months? I can't just go to the US and live there for 12 months because I'm pretty sure I need a green card and he can't just pack up and move to Canada either without some kind of Sponsorship correct?

You guys have a couple of options:

- If he is a skilled worker and he qualifies, he can apply under the Express Entry class for PR.
- He can get a job in Canada, apply for a work visa (with this, a LMIA too), live with you for 12 consecutive months and then apply for PR under Common-In-Law Sponsorship.
- He can also apply to study in Canada for a full year, live with you for that period of that and then apply for PR Common-In-Law Sponsorship, but I can obviously see this not being an option because you are pregnant and you need the income.
- Getting married to him and apply for PR under Spousal Sponsorship almost right away (If outland, still providing proof of willingness to relocate to Canada)

You can read more about each category here: http://www.cic.gc.ca/english/immigrate/apply.asp

Whatever option you choose, he will probably have to stop working in America. I'm pretty sure Canada doesn't give PR status to anyone that still wishes to keep working full time in another country while still getting the benefits of having PR/being canadian.

 

[canuck_in_uk]

So how can we live together for 12 consecutive months? I can't just go to the US and live there for 12 months because I'm pretty sure I need a green card and he can't just pack up and move to Canada either without some kind of Sponsorship correct?

Zero chance at conjugal.

Either one of you can go to the other's country and stay as a visitor to become common-law. Or you can go there for 6 months and he can then come here for 6 months as a visitor. It is a sacrifice that many people make in order to apply for sponsorship.

If you aren't prepared to do that, then you need to get married.

Common law means not married but having lived together for at least one year. What everyone is trying to say is that because travel between US and Canada is possible there was no immigration barrier to getting married. I would argue that there was an immigration barrier to continuously living together for one year. I am not sure which stance CIC would take in this case.

There is absolutely no immigration barrier.

Adding to this, if for some reason you do decide to apply for PR outland under Family Sponsorship class, he needs to provide proof of his willingness and desire to relocate to Canada (like a job offer from a canadian company). I'm not an expert on this topic but him wanting to keep his job on the american side doesn't look too good on his application.

Incorrect. The applicant does not need to prove they are moving to Canada and most certainly does not need a job offer from a Canadian company. The requirement for proof to come to Canada is only for sponsors living abroad.

Whatever option you choose, he will probably have to stop working in America. I'm pretty sure Canada doesn't give PR status to anyone that still wishes to keep working full time in another country while still getting the benefits of having PR/being canadian.

Also incorrect. A PR can live in Canada and commute to the US every day to work. Many people do this.

 

[scylla]

My first thought was that, but i chose to say that it might be possible and that she should consult an immigration lawyer because i am not 100% familiar with the laws when it comes to US-Canada immigration.

Yes, they could have gotten married at any point. They both can cross the border to visit each other, however, for them to be living together on either side would have meant one of them having nothing but "visitor" status, is that correct? So no work, no healthcare privileges and so on.

This is horrible and incorrect advice that has the potential to mess up someone's life Please do not provide advice if you are unfamiliar with immigration laws. What you've described above does not meet CIC's requirements for immigration barriers and demonstrates you do not understand this immigration category's definition. We've seen more than enough examples on this forum over the years to say definitively that conjugal does not work for Americans. Again, they must either get married or live together for a full year to become common law. They face no real immigration barriers and do not qualify for conjugal.

 

[CDNPR2014]

Common law means not married but having lived together for at least one year. What everyone is trying to say is that because travel between US and Canada is possible there was no immigration barrier to getting married. I would argue that there was an immigration barrier to continuously living together for one year. I am not sure which stance CIC would take in this case.

There are no real barriers to the 2 of you figuring out how to live together. What IRCC considers a barrier is not being able to travel to eachother's country to see eachother or live together. There are many countries that require visas to travel to Canada, and if a person is continuously refused for a visa and can't live with their spouse elsewhere because of visa issues and the canadian can't get a visa to go to the other country, then THAT is a barrier. US and Canadian citizens do not require visas to enter each country, can freely marry eachother in either country, and they have the ability to stay long enough to become commonlaw in both countries. A lot of people can also find a 3rd country to live in together to become commonlaw.

what many people have been successful doing is:
1) the us person enters canada as a visitor, worker or student and lives with their significant other. if a person enters as a visitor, they can apply to exend their stay as a visitor online and request to stay 12+ months to receive commonlaw status. many, many people are approved extensions for this reason. if the us person is a visitor, they can NOT legally work in Canada while they are there as a visitor. They can either work remotely for a us employer or choose to not work.

2) figure out how to do the opposite in the US

3) find a 3rd country where both of you can obtain visas and live there continuously to gain commonlaw status.

4) get married

a US/Canadian couple has no chance at conjungal.AT.ALL. This is not a unique situation. There are options available. choosing to not move forward with those options because of financial reasons is NOT considered a barrier, and you'll deal with a long processing time just to be told you don't qualify for sponsorship.