How to sponsor my common law fiancee inland. Help please..

[ama25]

My now fiancee and I met 4 years ago when he came to BC with a work visa. I got pregnant about a month later after we started going out. Now we have a beautiful 3 years old girl. He visa expired 3 years ago and he did the right thing which was to support me and be the best father ever.

We had a joined bank account but when his visa expired he was removed from it. We've been living together for more than 3 years and we have tones of proves of our relationship. (we got conversations when we first started talking, we got thousand of pics from different places and with family and friends. Pics at the hospital when our girl was born, receipts of gifts, he got conversation on social media with my family and friends and I also got with his. I mean as common law we don't have a joint lease since where we live we don't pay rent and the bills I pay are in my name since he can't be in it.

I can get letter from all my family, friends and even neighbors. We just bought our wedding bands last months and we're planning our wedding next summer. The reason why he overstayed was me and our girl. Please no judgemental answers. I need some advises please. Can we still apply as common law under our circuntances and do we have a chance to be approved. I work and make decent money so I know I qualify to sponsor him plust I've never been on social assitant nor own any money to any body. I'm despaired I need help please..

 

[Rob_TO]

Yes, you are allowed to apply inland for PR via your common-law status, immediately. You should have done this ages ago but that is in the past now.

You don't need valid status in Canada to apply inland. You will need to indicate on the application how long he has been here without status. Also applying inland does NOT guarantee CBSA won't make moves to begin deportation process, although many people believe that CBSA will in most cases defer any potential deportation or removal order until a decision has been made on the PR app.

So best thing is to submit the app, and hope for the best.

Make sure you get proof of your cohabitation. Make up a rental agreement for him, even if he doesn't pay rent. And think of any other proofs you can gather that will prove 12 months cohabitation. If you really can't do this, then you should consider getting married in a quick civil ceremony just in order to apply, and do the "real" wedding later for friends/family. With a long relationship and child together, a small/quick wedding would be more acceptable to CIC