I'm about to apply for Common-law PR, please assess my information!

[bluesocks79]

Hi, I'll get to the point with bullet points about all of my information.



- Been living in Canada as a Visa Student(Highschool, University) and a Foreign Worker(Post Graduate Work Permit) for 9 + 3 = 12 years so far.

- I am currently on a Visitor status, which is expiring in 3 weeks.

- Have lived for consecutive 12 months together with a Canadian Citizen partner.

- Relationship proofs include:
- Rental contract with both of our signatures (our place is owned by my mother, and the contract indicates that neither of us have to pay for rent, but are responsible for damages of goods.)
- Joint bank account
- About 6 years of Facebook photos taken by our friends and family members at different events and occasions
- Bills and mails sent to the address we're living at.
- Canadian citizen friends who's been witnessing our relationship for the past years, and who can vouch for us, if needed.




And here are some questions:


1. Should I extend my Visitor's Visa for another 6 months first?

2. What can I add to the list of proofs / required documents?

3. Should I apply for the Open Work Permit simultaneously?

4. In terms of income, neither of us are currently hired but make a bit of income from freelancing and independent sales that won't look enough to support a person, although we aren't going to suffer any problems ourselves. Will this be a significant concern?

5. If I'm missing any important remarks, please let me know!


Thank you for reading.

 

[Rob_TO]

Your evidence seems good. You may also want to add:
- proof each of you changed your status with CRA for tax purposes from single to common-law, when you reached 12 months of cohabitation
- if you have insurance on each other, or are listed as beneficiary for anything
- get some docs (like rental contract or support letters) notarized

Yes you should extend your visitor status since it may take you more than 3 weeks to complete and submit any application.

You should also advise on:
- what country are you from?
- assumed you intend to apply inland and not outland?
- how are you doing freelance work if you're only on a visitor visa?

 

[etienbjel]

Putting myself in a VO's shoes, I immediately felt skeptical while reading about the rental contract. I mean, anyone can ask a relative to back-date a contract that requires no rent. If I was in your situation, just to be safe, I would try to provide more evidence on this (ie. photos of moving in together, statements from friends/neighbours, maybe some utility bills are in your name and others in your partner's name, etc.).

 

[bluesocks79]

Your evidence seems good. You may also want to add:
- proof each of you changed your status with CRA for tax purposes from single to common-law, when you reached 12 months of cohabitation
- if you have insurance on each other, or are listed as beneficiary for anything
- get some docs (like rental contract or support letters) notarized

Yes you should extend your visitor status since it may take you more than 3 weeks to complete and submit any application.

You should also advise on:
- what country are you from?
- assumed you intend to apply inland and not outland?
- how are you doing freelance work if you're only on a visitor visa?

Right.
- For CRA documents, I'm assuming we could do it online, before the annual tax reports?
- We're applying Inland
- I'm a Korean citizen with a valid passport for another 10 years
- I worked for foreign clients, from the US or Korea until I've received my Visitor's status. I wasn't sure if I could make income from non-Canadian clients, so I've stopped 6 month ago. However that will be part of our income in the future, if the VO asks us about financial means.
- My partner is self-employed

Thank you!

 

[bluesocks79]

Putting myself in a VO's shoes, I immediately felt skeptical while reading about the rental contract. I mean, anyone can ask a relative to back-date a contract that requires no rent. If I was in your situation, just to be safe, I would try to provide more evidence on this (ie. photos of moving in together, statements from friends/neighbours, maybe some utility bills are in your name and others in your partner's name, etc.).

That's true. We'll try to gather as much as bills we can such as Bank statements, Phone bills..
My question here is though, what could be the statements from friends? Do you think I could use any records / information listed on my building's tenant information?
It's a condominium and they've got our information and recently started email notifications to tenants, which is both of us.

 

[Rob_TO]

- For CRA documents, I'm assuming we could do it online, before the annual tax reports?

Yes you can do it online, as long as you've registered for a "my account" with CRA: http://www.cra-arc.gc.ca/myaccount/ . You can take a screen shot to include in your PR app.

Technically you are supposed to change status as soon as you've reached the 12 months cohabitation to become common-law. However this is only important if either of you are receiving monthly benefits (like GST credits) that would stop after considering family income instead of single income.

- We're applying Inland

Inland app will give you an OWP after 4-5 months, as long as you submit the OWP app together with the app to CPC-M. However the app in total will take 2+ years to complete, during which time it's a risk to leave Canada since if you were ever denied re-entry the app is cancelled.

An outland app for you would probably be processed in Manila, and would take approx 1 year (more or less). During this time you could stay in Canada as a visitor, but of course would not get an OWP.

- I worked for foreign clients, from the US or Korea until I've received my Visitor's status. I wasn't sure if I could make income from non-Canadian clients, so I've stopped 6 month ago. However that will be part of our income in the future, if the VO asks us about financial means.

As long as your clients are not Canadians, and you are being paid from sources outside Canada, then the work is most likely fine to continue even with just a visitor status.

That's true. We'll try to gather as much as bills we can such as Bank statements, Phone bills..
My question here is though, what could be the statements from friends? Do you think I could use any records / information listed on my building's tenant information?
It's a condominium and they've got our information and recently started email notifications to tenants, which is both of us.

Your rental agreement is probably fine. Many people have these that are from parents if they live at home during the common-law qualifying.

It's not mandatory to get notarized letters, but it will add to your proofs and is recommended by CIC. The letters should be writen in the words of your friends/family, and simply state how they know you and give support that you've lived together and relationship is genuine: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp
If you are in a common‑law relationship

Proof of your common‑law relationship, such as:

joint bank account statements,
joint savings account statements,
joint credit card statements,
joint line of credit statements,
jointly signed lease,
jointly signed mortgage papers or purchase agreement,
statutory declarations from persons/individuals with knowledge that the relationship is genuine and continuing.
Also submit:
photos of shared activities (trips, family activities, community activities, etc.)