How can we get Common Law status?

[itsabouttime]

Hi there,

I am hoping to get any advice from people who may have gone through similar situations or know people who have.

Here are our details first
I am a Canadian Citizen and I live in Canada, my boyfriend is from the Netherlands and currently still lives in the Netherlands.
We have been in a committed relationship and together for 7 years, but living apart (visiting and seeing each other approximately every 12-14 weeks).

I am going to sponsor him once we achieve 'common law' status but the difficulty is getting that common law status.

The question is, HOW do you even get into the country and through customs when
1. You show up with no return ticket
2. Then tell them "I don't have a job, and I am coming to live with my girlfriend so she can sponsor me for immigration"?

Is there not a huge chance that he won't even get into Canada? How do you live together for a year, when this is the situation?

Thanks for your advice in advance!

Cheers

 

[Iay]

How about visiting to his country and get married?

 

[Alurra71]

The only way to achieve 'common law' status, is to cohabit for a full 12 months. Either here or there, or a mixture of both, but still adding up to a full 12 months.

 

[ghunter]

The only way to achieve 'common law' status, is to cohabit for a full 12 months. Either here or there, or a mixture of both, but still adding up to a full 12 months.

This isn't quite right, you have to live together for 12 continuous months, as per CIC website http ://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp.

 

[Alurra71]

This isn't quite right, you have to live together for 12 continuous months, as per CIC website http ://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp.

Yes, I forgot to add the 'continuous'.

 

[Rob_TO]

The question is, HOW do you even get into the country and through customs when
1. You show up with no return ticket
2. Then tell them "I don't have a job, and I am coming to live with my girlfriend so she can sponsor me for immigration"?

How do you do it? First thing is DO NOT do what you just stated in 1 and 2.

You need a return ticket. If your bf comes to Canada he will enter as a VISITOR and most likely get a 6-month visitor status. Sometimes you need to show a return ticket for less than 6 months in the future. If you show up with a 1-way ticket, immigration may think you have no intention of leaving so will deny entry. Ensure your bf NEVER EVER says he wants to "move to" or "live" in Canada. He is only VISITING and nothing more.

For the return ticket, all you need is a fully refundable ticket, or a flexible one that you can change the date with no fees.

Is there not a huge chance that he won't even get into Canada? How do you live together for a year, when this is the situation?

Unless he has some criminal record or there is some serious reason... there's no reason he wouldn't be allowed in with a 6 month visitor status. So you could live together here for 6 months.

When the 6 months is almost up, he can apply for a visitor visa extension of another 6 months. This shouldn't be too difficult and if it's granted, he can remain and live with you another 6 months so you'll then be officially common-law.

Or if for some reason the visitor extension was not granted, you could move to Netherlands with him and live together there for 6 months. As long as the 12 months is continuous, it doesn't matter if it's split into 2 or more countries.

Or you could just skip all this and get married, and apply for his PR immediately!

 

[Sweden]

He could also look at getting a work holiday visa for Canada, if he qualifies - like this he could be in Canada for 1 year, be able to work, and live with you. http://www.canadainternational.gc.ca/netherlands-pays_bas/experience_canada_experience/index.aspx
the applications are closed now, but if he qualifies, he could apply next time - just watch the website, have all the information ready and send your application in as soon as it opens.
Sweden

 

[itsabouttime]

Hi there,

Thank you all for replying!

Here is a bit of clarification:
1. We don't want to get married so the 'getting married' and doing it faster, unfortunately is not going to work.
2. The work experience (work holiday) is great, but he is 36 so would not apply because you have to be under 30
3. I have a daughter, so I can't just go to NL to live for 6 months, etc.

I do appreciate the comments about getting a return ticket. I am thinking that's really the only option we have for now. It's unfortunate that we were way too slow to get on board for the federal skilled worker, as his skill closed before we even had the language test back. That's done now, as is the educational assessment.

This whole process is frustrating, and tough.

 

[zardoz]

The problem that you are going to have is that you are closing down on most of your best options. Common-law is basically marriage without the paperwork as far as immigration is concerned, so it's quite reasonable to insist on 12 continuous months of cohabitation.
If he fails to obtain an extension as a visitor, you are back to square one again. Him having to return home will probably reset the clock to zero.

 

[Rob_TO]

Hi there,

Thank you all for replying!

Here is a bit of clarification:
1. We don't want to get married so the 'getting married' and doing it faster, unfortunately is not going to work.
2. The work experience (work holiday) is great, but he is 36 so would not apply because you have to be under 30
3. I have a daughter, so I can't just go to NL to live for 6 months, etc.

I do appreciate the comments about getting a return ticket. I am thinking that's really the only option we have for now. It's unfortunate that we were way too slow to get on board for the federal skilled worker, as his skill closed before we even had the language test back. That's done now, as is the educational assessment.

As was mentioned, you need to get to 12-continuous months of living together. If he gets a 6-month stay upfront, and then applies for an extension for an additional 6-months, then that should do it.

The biggest issue for him is that he most likely won't be able to work at all during that entire 12 months. The only way is if he finds a company willing to go through the LMO process for him, but that is very difficult to find and is usually only for people with specific skills. I know for some people going a year and not doing work or school... could be super boring and tough to do.