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laureld

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Sep 18, 2017
2
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Hello. I have searched the internet endlessly it seems, but I have not been able to find an answer to my question, so I come here with the hopes that somebody may be able to help me out.

I am a US citizen, 18 years old, dating a Canadian citizen, also 18 years old. We will both be turning 19 very shortly, however. I have known my boyfriend for about 3 or 4 years now, however we didn't start dating until August 31, 2016, so we have been dating for a little over a year now. We are truly in love, and want nothing more than to be able to be with each other every day. I am currently enrolled in community college in the US and will be completing an Associate's degree in 2019. My boyfriend and I have talked about having him sponsor me as a common-law spouse to apply for a PR visa. I have researched and found out that it is required that we co-habit for at least a year before we can apply for this visa. My big question is:

How do I go about living with him for one year? What I mean is, do I need a visa to do this? Since I am a US citizen, I believe I am able to stay for up to 6 months without a visa, and then I can apply for an extension for another 6 months, correct? However, I want to get an apartment with him, and have both of us on the rental agreement, have joint bank accounts, etc, because we will need this documentation when applying for a PR visa. I am unsure if I am allowed to do all of this when I am just visiting without a visa. I definitely want to work while I am living with him, and if possible I would also like to go to school. What kind of visa would I need that would allow me to do this while also living with him? I know that some visas require proof that you will be returning to your home country and do not plan on staying. I do plan on staying though, after living with him for a year I would like to stay in Canada while my PR visa is being processed. I want to be able to live with him for the required year while also working and possibly studying, without getting in trouble for having the intent to stay. I'm not even completely sure if this is something I would even get in trouble for because I am indeed planning on applying for a PR visa at the end of my stay... overall, I just need help in clarifying these things. If I want to live with him for a year so we can qualify for him to sponsor me as a common-law partner, how would I go about living with him? Can I just move in with him for 6 months and then ask for an extension? Or will I need a visa since I plan on living with him and working and possibly even studying?

I greatly appreciate anyone who is able to give me helpful information regarding this.
 
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How do I go about living with him for one year? What I mean is, do I need a visa to do this? Since I am a US citizen, I believe I am able to stay for up to 6 months without a visa, and then I can apply for an extension for another 6 months, correct?

Correct. You do not need (and cannot get) a visa. You will enter as a visitor, and can apply to extend that later.

However, I want to get an apartment with him, and have both of us on the rental agreement, have joint bank accounts, etc, because we will need this documentation when applying for a PR visa. I am unsure if I am allowed to do all of this when I am just visiting without a visa. If this is not allowed, will I need a visa?

You can certainly both be on a rental agreement, and you should be able to have a joint bank account. As an American, you cannot get a visa for Canada.

I definitely want to work while I am living with him, and if possible I would also like to go to school. What kind of visa would I need that would allow me to do this while also living with him?

You will not be eligible for any kind of visa. If you are eligible for a work permit, you can get one of those (quick answer: there's only one you're eligible for, which is an IEC working holiday work permit - you'll need to go through a Recognised Organization, eg SWAP). If you want to study, you can get a study permit - bear in mind that you'll be paying international fees for any course, and you need to prove the ability to cover your first year's costs in order to get a study permit.

I know that some visas require proof that you will be returning to your home country and do not plan on staying. I do plan on staying though, after living with him for a year I would like to stay in Canada while my PR visa is being processed. I want to be able to live with him for the required year while also working and possibly studying, without getting in trouble for having the intent to stay. I'm not even completely sure if this is something I would even get in trouble for because I am indeed planning on applying for a PR visa at the end of my stay... overall, I just need help in clarifying these things. If I want to live with him for a year so we can qualify for him to sponsor me as a common-law partner, how would I go about living with him? Can I just move in with him for 6 months and then ask for an extension? Or will I need a visa since I plan on living with him and working and possibly even studying?

I greatly appreciate anyone who is able to give me helpful information regarding this.

You will need to visit your partner if you do not have a work or study permit, and after visiting for about 5 months, apply to extend it longer to establish common law status.
 
Correct. You do not need (and cannot get) a visa. You will enter as a visitor, and can apply to extend that later.



You can certainly both be on a rental agreement, and you should be able to have a joint bank account. As an American, you cannot get a visa for Canada.



You will not be eligible for any kind of visa. If you are eligible for a work permit, you can get one of those (quick answer: there's only one you're eligible for, which is an IEC working holiday work permit - you'll need to go through a Recognised Organization, eg SWAP). If you want to study, you can get a study permit - bear in mind that you'll be paying international fees for any course, and you need to prove the ability to cover your first year's costs in order to get a study permit.



You will need to visit your partner if you do not have a work or study permit, and after visiting for about 5 months, apply to extend it longer to establish common law status.

Wow, I didn't know I was ineligible for any visas as a US citizen, thank you for that info...it makes things a bit simpler!
Well, I think if I definitely want to work while I am there a work permit would be the best way to go, unless it is possible to work while on a study permit, or if I am allowed to have both of these permits? If I do go about getting a study permit, my plan is to transfer my associate's degree credits to a four-year university to complete a bachelor's degree which means I will be in school for another two years. So after one year can I apply for PR while I'm still attending school? Is it possible to work with a study permit?

Thank you so much for your help.
 
Just be aware that in attending any uni or college in Canada you will be paying international fees. Whilst attending uni/college you are allowed to work part time max 20 hours per week.
 
May be quite hard to get your associate's degree recognized as credits towards a bachelors degree. An associate's degree doesn't exist in the Canadian system. You may be required to do a full 4 years to get a Canadian degree. I would start very early and contact a school about the possibility of transferring credits before starting any application process. Would probably be much easier to move to Canada once you have completed your bachelors degree. Not sure why you are choosing common law. Getting married would be much easier and will have similar legal implications. I'm sure others have already suggested that you are still young and so doing long distance for another couple of years would probably be best although it may seem like the end of the world. You will need to be able to afford the PR application process which may be unaffordable on a student's budget.