Outland or inland application?

[canadianwoman]

I'm going to call tomorrow again. We were told that we could apply as common-law despite not living together for a year, because we have proof of our relationship ( two kids )

Different government departments and different provinces have different definitions of 'common law'. For immigration, the couple has to have lived together for 12 continuous months to be considered common law. It makes no difference if you have children or not.

 

[Elanigana]

Do you have solid proof that you've, in essence, been living together since you last entered Canada on your current 6 month `pass'? If so, applying for another 12 months when your status is about to expire, citing the reason being to establish Common-Law, is probably a good plan. This would give you ~ 6 months for the Outland application to be processed without having to renew again.

If marriage really is a viable option, for all the right reasons...it would certainly expedite the process.

I just think that would look suspicious on my application. Getting married right before we apply, don't you think? I'm not looking to complicate this process anymore then it is. I think we will try and extend for a year and go that route. We consider ourselves married regardless.

 

[Elanigana]

With the extended visa, will I be able to travel back and forth from the states for visits? ( Christmas ) My SO always comes with me. But we worry about them not letting me back in.

 

[CDNPR2014]

I just think that would look suspicious on my application. Getting married right before we apply, don't you think?

not for US/Canadian couples with children who can show proof of a legitimate relationship, no.

With the extended visa, will I be able to travel back and forth from the states for visits? ( Christmas ) My SO always comes with me. But we worry about them not letting me back in.

no one can tell you for sure. more than likely the extension you get is a "visitor's record" and technically those do not guarantee reentry. with that said, CBSA is pretty lenient on US/Canadian couples with PR applications in process and may honor the extension for reentry. again, this is not guaranteed, and is subject to the officer's discretion upon your entry. when you act and speak like you know the rules, they are more likely to be helpful.

 

[Aquakitty]

The main reasons Americans have problems getting into Canada is when they look like they are moving to Canada with a car full of stuff before they have completed the PR process, for example. Or, if they find out you've been working (could be any kind of work, even doing DIY). So, as long as you look like a legit visitor and let them know you are living together for the common-law period if the question comes up, you should be fine.

Usually, when my husband had a visitor record, we were just waved through. We've always travelled by land or sea though, not air, but I don't see how it would be much different.

 

[Elanigana]

It's hard not to look like you're moving when traveling with two kids under the age of 2, but I understand. They waved us through on our way back from thanksgiving.

 

[Elanigana]

Do you have solid proof that you've, in essence, been living together since you last entered Canada on your current 6 month `pass'? If so, applying for another 12 months when your status is about to expire, citing the reason being to establish Common-Law, is probably a good plan. This would give you ~ 6 months for the Outland application to be processed without having to renew again.

If marriage really is a viable option, for all the right reasons...it would certainly expedite the process.

If we do this, I can send the app exactly a year later?? So I can get the application together before hand..

Also! How long do fingerprints and police check last?

 

[Aquakitty]

If we do this, I can send the app exactly a year later?? So I can get the application together before hand..

Also! How long do fingerprints and police check last?

Fingerprints, I think the FBI requires them to be taken within the last year. The police check doesn't expire if you are living in Canada, as you can't commit crimes in the US while in Canada.
Make sure you keep all your evidence of living together for the year. Get your name on a bill or something, that is easy proof.

 

[LeelaD]

Elanigana...I know the feeling, my partner and I lived together for over a year together but with a two month break in between after getting bad advice that all we needed was a lease together to show we were common law, we then had to wait another year living together completely via visa extensions to reach common law status or else have a wedding, its stressful, true but so lucky and glad you have found this forum.
I advise anyone I meet going through the sponsorship process to come here...so many times we have had bogus advice and this forum is the only thing that has kept my sanity and made the process seem accomplishable

Thanks guys.

 

[Elanigana]

So what are some things I need to prove we've been living together for a year?? A bill? I have my visitor record siting this address, will that work?

It's just so hard because I didn't start my relationship thinking I'd need to document every time we met, went out, or had dinner...

I started my relationship because I met this amazing guy and we fell in love, had kids, and want to be together. It shouldn't be this hard.

 

[Ponga]

So what are some things I need to prove we've been living together for a year?? A bill? I have my visitor record siting this address, will that work?

It's just so hard because I didn't start my relationship thinking I'd need to document every time we met, went out, or had dinner...

I started my relationship because I met this amazing guy and we fell in love, had kids, and want to be together. It shouldn't be this hard.

Ain't that the truth! Nothing like trying to scramble to go back in time, looking for `proof'.

The best evidence, is something that you don't have; a joint lease. However...there is another option.

Do any of his neighbors know that you've been there all this time? If so, ask one of them (or even a couple of them) to write a letter stating this. The letter(s) would have more credence if they were notarized, which is a bit of a pain (and expense). Ideally the landlord could also write a letter, which would be the best option.

Do you have any mail that's been delivered to you (or both of you) over the span of your visit? The older the mail, the better.

You can also see about being added to his bank account. I was added to my partner's account without any problems at all, even though I was a visitor in Canada. Some banks are easier than others (we bank with Scotia/Bank of Nova Scotia), but I hear that TD is easy to deal with as well.

Things like a joint cell plan, being added as a beneficiary to his life insurance, etc., are also popular choices.

 

[Elanigana]

How do i go about extending my visitor record??

 

[Elanigana]

Ain't that the truth! Nothing like trying to scramble to go back in time, looking for `proof'.

The best evidence, is something that you don't have; a joint lease. However...there is another option.

Do any of his neighbors know that you've been there all this time? If so, ask one of them (or even a couple of them) to write a letter stating this. The letter(s) would have more credence if they were notarized, which is a bit of a pain (and expense). Ideally the landlord could also write a letter, which would be the best option.

Do you have any mail that's been delivered to you (or both of you) over the span of your visit? The older the mail, the better.

You can also see about being added to his bank account. I was added to my partner's account without any problems at all, even though I was a visitor in Canada. Some banks are easier than others (we bank with Scotia/Bank of Nova Scotia), but I hear that TD is easy to deal with as well.

Things like a joint cell plan, being added as a beneficiary to his life insurance, etc., are also popular choices.

We can get a letter from the landlord since I'm not on the lease. I am also the beneficiary to his life insurance.

He may be able to add me to the lease, but that'll be up to the landlord...

How do I extend my visitor record to ask for a year?? And I just tell them I want to be common law??