How Valid is This Plan? (Common-law Spousal Sponsorship)

[VictoriaFeline]

I'm a canadian citizen living in BC who wants to sponsor my boyfriend who currently lives in US, IL. We have a bit of a plan to go forward with spousal sponsorship. It's also worthy to note that I am 20 and he is 21. I am also in school and have a part time job (I live off my job and student loans).

Basically, my boyfriend has been saving up money from his job so he can support himself for a year without working (while he lives with his parents/doesn't have to pay rent). We plan for him to move in with me (I live in an apartment with some friends who are a couple, splitting the rent four ways will be cheap). Then he'll live with me for a year so we can become common-law (applying for an extension to his visit so he can stay longer than 6 months). Marriage is technically an option but my family/parents are very adamant that I shouldn't get married so young, I fear they wouldn't support me. Finally, we'll apply for the outland spousal sponsorship as common-law partners, but he'll likely have to move back to the US until the application is approved because he can't work in Canada and won't be able to support himself much longer than a year. When he's approved and has PR he'll move in with me and get a job so we can live together properly.

Are there any issues with this plan? I was browsing some old forum posts and saw something about the common-law status being broken after living apart for 2 months, and therefore nullifying the application? Is it still like that now? It wouldn't make sense for that to be the case for an outland application, considering he can't work/support himself until he gets the PR. Another concern is that my student loan counts as social-assistance which would make me not able to be a sponsor.

Any advice or answers about this would be greatly appreciated.

 

[SaskinSeoul]

What will he say when immigration asks him the purpose of his visit?

He can get denied at the border if immigration thinks he has intentions to live in Canada rather than just traveling.

Also healthcare and accidents could bankrupt you and him pretty fast.

 

[VictoriaFeline]

Basically he'll just tell them the truth. He plans to live with me in Canada for a year in order to fufill the common-law requirement, and will then move back to the US and live with his family until the application gets approved. I've heard of this working as a reason before.

We're planning on getting him travel insurance for the time he's in Canada (I've found various plans under 1000$ with pretty great coverage).

 

[Bcboundboy]

I'm a canadian citizen living in BC who wants to sponsor my boyfriend who currently lives in US, IL. We have a bit of a plan to go forward with spousal sponsorship. It's also worthy to note that I am 20 and he is 21. I am also in school and have a part time job (I live off my job and student loans).

Basically, my boyfriend has been saving up money from his job so he can support himself for a year without working (while he lives with his parents/doesn't have to pay rent). We plan for him to move in with me (I live in an apartment with some friends who are a couple, splitting the rent four ways will be cheap). Then he'll live with me for a year so we can become common-law (applying for an extension to his visit so he can stay longer than 6 months). Marriage is technically an option but my family/parents are very adamant that I shouldn't get married so young, I fear they wouldn't support me. Finally, we'll apply for the outland spousal sponsorship as common-law partners, but he'll likely have to move back to the US until the application is approved because he can't work in Canada and won't be able to support himself much longer than a year. When he's approved and has PR he'll move in with me and get a job so we can live together properly.

Are there any issues with this plan? I was browsing some old forum posts and saw something about the common-law status being broken after living apart for 2 months, and therefore nullifying the application? Is it still like that now? It wouldn't make sense for that to be the case for an outland application, considering he can't work/support himself until he gets the PR. Another concern is that my student loan counts as social-assistance which would make me not able to be a sponsor.

Any advice or answers about this would be greatly appreciated.

There are a few separate issues tied up in this.

In terms of raw application, that should meet the criteria. Living together as a couple for over one year, establishes common law. Not working means not breaking Canadian immigration laws (bear in mind, he might want something to do for that year - he can't work, or volunteer in a way that would normally be done by a paid labourer, or even help much around the house. People have been excluded when CBSA found photos of them doing DIY on visitor status. He'll have to spend it reading, playing computer games, hiking, etc). Leaving does not necessarily break common law status if you both perceive the relationship to be ongoing and enduring. Your student loans are not an issue.

Your problems come with the consequences of the plan. Like what he's going to do with himself for that year. How he's going to convince CBSA at the border that he doesn't intend to live there illegally, and won't work.

 

[Rob_TO]

I was browsing some old forum posts and saw something about the common-law status being broken after living apart for 2 months, and therefore nullifying the application? Is it still like that now?

It has never been like that. Once you have lived together 12 months to establish common-law, you can then live separately during the the time app is processing.

 

[Aquakitty]

I'm a canadian citizen living in BC who wants to sponsor my boyfriend who currently lives in US, IL. We have a bit of a plan to go forward with spousal sponsorship. It's also worthy to note that I am 20 and he is 21. I am also in school and have a part time job (I live off my job and student loans).

Basically, my boyfriend has been saving up money from his job so he can support himself for a year without working (while he lives with his parents/doesn't have to pay rent). We plan for him to move in with me (I live in an apartment with some friends who are a couple, splitting the rent four ways will be cheap). Then he'll live with me for a year so we can become common-law (applying for an extension to his visit so he can stay longer than 6 months). Marriage is technically an option but my family/parents are very adamant that I shouldn't get married so young, I fear they wouldn't support me. Finally, we'll apply for the outland spousal sponsorship as common-law partners, but he'll likely have to move back to the US until the application is approved because he can't work in Canada and won't be able to support himself much longer than a year. When he's approved and has PR he'll move in with me and get a job so we can live together properly.

Are there any issues with this plan? I was browsing some old forum posts and saw something about the common-law status being broken after living apart for 2 months, and therefore nullifying the application? Is it still like that now? It wouldn't make sense for that to be the case for an outland application, considering he can't work/support himself until he gets the PR. Another concern is that my student loan counts as social-assistance which would make me not able to be a sponsor.

Any advice or answers about this would be greatly appreciated.

Has he been in school in the last 12 months? He could apply for SWAP, I think it gives a 1 year work permit.

 

[Shineon39]

I think your plan is good, make sure to get his name on some paper ( loan contract, electric bill, etc) for evidence. But has other said did you think what he will do during that year?

 

[mcharade]

As long as he does nothing illegal (like working) during the year he's in Canada "what he will do" has no bearing on the application. I have been living for more than a year in Canada on a visit visa, yes, it's boring but it's not awful or unmanageable. I made friends. I clean the house, I take care of my cat, I play games. I do what any unemployed person does. As long as OP's boyfriend understands he's basically going to be doing nothing for a year and is okay with that, then it doesn't matter. CIC doesn't care that you're sitting at home twiddling your thumbs for a year. I believe there are many people simply waiting in Canada for a year (or more) in order to establish common-law or waiting for their PR.

 

[canuck_in_uk]

Basically he'll just tell them the truth. He plans to live with me in Canada for a year in order to fufill the common-law requirement, and will then move back to the US and live with his family until the application gets approved. I've heard of this working as a reason before.

We're planning on getting him travel insurance for the time he's in Canada (I've found various plans under 1000$ with pretty great coverage).

He needs to be very careful with his words at the border. He is not coming to live here or moving here; he does not yet have the right to live here. He is entering as a visitor to see his partner.

With CBSA, the key is to answer their questions succinctly without volunteering extra information.

 

[VictoriaFeline]

I really appreciate all the info guys! It makes me feel a lot less nervous about the plan.

Has he been in school in the last 12 months? He could apply for SWAP, I think it gives a 1 year work permit.

He hasn't been in school for a while, being in the US school is pretty damn expensive and he tried for a couple scholarships but didn't get any (very competitive). He doesn't want to be in major debt taking out loans, and he doesn't have anything school-wise that he wants to do desperately, so he's going to wait until we're settled to start thinking about school again.

As long as he does nothing illegal (like working) during the year he's in Canada "what he will do" has no bearing on the application. I have been living for more than a year in Canada on a visit visa, yes, it's boring but it's not awful or unmanageable. I made friends. I clean the house, I take care of my cat, I play games. I do what any unemployed person does. As long as OP's boyfriend understands he's basically going to be doing nothing for a year and is okay with that, then it doesn't matter. CIC doesn't care that you're sitting at home twiddling your thumbs for a year. I believe there are many people simply waiting in Canada for a year (or more) in order to establish common-law or waiting for their PR.

He's definitely used to not having much to do work/school wise. He occupies himself with other hobbies (definitely plays videogames, reads, etc.). Neither of us are worried about him not having much to do.

To clarify, he'll be flying here (He doesn't have any furniture he needs to bring, so it'll just be clothes and other random belongings). We've both been flying across the border and know how to talk to border control, so I'm confident that he'll be allowed.

Another thing I'm concerned about regarding the flying is that he's getting a one way ticket here, since they don't exactly do 1-year round trips. I've heard of some airlines that won't let you go without a return ticket. Is that the case between US and Canada? We're flying Delta by the way, they're cheap and we've always had acceptable experiences with them.

 

[Shineon39]

Another thing I'm concerned about regarding the flying is that he's getting a one way ticket here, since they don't exactly do 1-year round trips. I've heard of some airlines that won't let you go without a return ticket. Is that the case between US and Canada? We're flying Delta by the way, they're cheap and we've always had acceptable experiences with them.

In your case I think the one way ticket is a bad idea if a border agent start to ask question and anyway the round trip ticket won't be more expensive that much. To give you an idea when my wife landed the one way ticket from Bangkok to Montreal was 1600$, the year before when she visited me the round trip ticket was 1800$. And he will be able to change the return date of his ticket while in canada if he needs to go back.

 

[SaskinSeoul]

I really appreciate all the info guys! It makes me feel a lot less nervous about the plan.

He hasn't been in school for a while, being in the US school is pretty damn expensive and he tried for a couple scholarships but didn't get any (very competitive). He doesn't want to be in major debt taking out loans, and he doesn't have anything school-wise that he wants to do desperately, so he's going to wait until we're settled to start thinking about school again.

He's definitely used to not having much to do work/school wise. He occupies himself with other hobbies (definitely plays videogames, reads, etc.). Neither of us are worried about him not having much to do.

To clarify, he'll be flying here (He doesn't have any furniture he needs to bring, so it'll just be clothes and other random belongings). We've both been flying across the border and know how to talk to border control, so I'm confident that he'll be allowed.

Another thing I'm concerned about regarding the flying is that he's getting a one way ticket here, since they don't exactly do 1-year round trips. I've heard of some airlines that won't let you go without a return ticket. Is that the case between US and Canada? We're flying Delta by the way, they're cheap and we've always had acceptable experiences with them.

A one way ticket is a bad idea! They will ask him his intentions and if he says anything like live with my girlfriend or staying canada with my girlfriend he could be denied.

I know people with return tickets who wanted to live with their husbands for 5-6 months on visitor visas that were denied because border patrol thought they were going to overstay in Canada.

 

[mcharade]

Yeah, you can also buy a round-trip ticket and then get a refund on the second half without a problem when he gets to Canada. Many airlines will allow that if the return trip isn't booked very close to the original date (say a month or two later.) That's what I did when coming to Canada.