Overstaying in Canada in order to do common law

[MrD]

Hello everyone

After almost marrying my fiancé her family got involved and everything was just canceled. We are thinking about doing common law since you can apply after 1 year of leaving together. We lived together from August to November, i couldn't continue living there because her mom was the one making business with me when the landlord did not know i was living there, once he found out he wanted me removed. So December i spend it at my friends place just sleeping in the floor,etc.

My plane is due TOMORROW ( 1 of JAN,2014) i really have to make the decision of staying here or leave TODAY. My parents are so broke that they couldn't even afford my ticket, i had to buy it on my own. So i dunno if i would be able to return to canada because of my money problem. My main concern is that if i stay to do the common law and i get refused of immigration goes to my house and kick me out of the country, thats my reason why i am scare of doing it. I am an international student who stopped studying around jun, i couldn't afford the fall semester. One friend from Argentina who has been here illegally for a while and other people told me that immigration don't look for you because they have better thinks to do and they only look for people with criminal background and things like, Is it true?

I have a bank account with the address of my gf house, same my school. I am really scared that while we are doing common law i get a letter of removal or something like that. My friend didn't get anything. How likely is that they send something to me?? and lets say i get one can i still get sponsored throw common law?? are there any income requirements for common law partners???

Also my passport is stamped with the date of expiration of my visa (JAN 5) and on the Student permit it says

Conditions
1. Dont work
2. Must leave canada by 30 Jan 2014


I really need some help here.. i need to make the decision today asap.

 

[Alurra71]

You have a couple of problems to begin with before you even get to 'sponsorship'

You have no income and are on a student visa that expires in 6 days. You would need to extend that visa in order to avoid having any complications arise that would/could potentially get you deported or removed from Canada. I would think this should be of utomost importance since it would appear your girlfriends mother has a habit of getting you into trouble. I wouldn't want to risk her calling you out for being in the country illegally. While your 'friend' is correct in some aspects that they will not search you out automatically, if she begins calling them what do you think they will do?

In order to extend your visa, you must show proof of the ability to maintain yourself for the duration of your request. Based on your statements of having no money and your parents also having none, you won't be able to do this so the likelyhood of getting a positive outcome is slim to none.

The time you have already spent with your girlfriend, August to November is likely now null and void since you left and have been with a friend for over a month. This breaks the cohabitation period.

If your girls mother already had you removed from her apartment before, how do you propose to now go about getting a common law sponsorship since you MUST live together for 12 consecutive months and not only be able to prove the living arrangements but also prove your lives are intertwined. IE. You have join accounts/leases/credit cards. Just the basics of what every couple would usually share together.

You will not be able to work for one entire full year if you stay. How will you manage to feed/cloth/care for yourself?

There are many things that I see here that I fear you might not have taken into consideration. The above just list a few of those things. Your timing could not be worse looking for help this late in the evening on New Year's Eve as many will not be here on the boards but out doing their own things and celebrating.

However you choose to proceed, I wish you luck and a Happy New Year.

 

[Leon]

Immigration doesn't just look for people who are criminal. They actually prefer to look for people who aren't because they can find them more easily.

Since you and your girlfriend are nowhere near qualifying for common law, you have no money and you would face either working illegally or living on air for a year and a half as well as by overstaying, you risk being deported and banned from Canada for some time, I would suggest you catch your flight and return home. If it's true love, your girlfriend can visit you or you can visit her. You could get married and she could sponsor you in the future.

 

[mikeymyke]

Best thing to do is to return to your country and have her marry you and sponsor through outland.

 

[sariss]

There really is no decision. You need to get on that plane.

 

[totobee]

Immigration doesn't just look for people who are criminal. They actually prefer to look for people who aren't because they can find them more easily.

Since you and your girlfriend are nowhere near qualifying for common law, you have no money and you would face either working illegally or living on air for a year and a half as well as by overstaying, you risk being deported and banned from Canada for some time, I would suggest you catch your flight and return home. If it's true love, your girlfriend can visit you or you can visit her. You could get married and she could sponsor you in the future.

Very wellsaid!