Please help me with my situation !

[lew613]

Hi, first of all thanks for reading this.

My girlfriend and I have been living together in Canada since January 2008 (2.5 years). I myself came to Canada 8 years ago and have been a PR for 2 years now, while my girlfriend has been on a student visa since she came to Canada in fall 2007. She however is not attending any school as she's actually been preparing for GMAT exam in order to get into an MBA program. Her study permit is expiring in April 2011 so if she still can't get into a graduate school by the time she wouldn't be able to renew her study permit. That is why I want her to be a PR so she can stay and live with me.

Alright, to summarize my situation here:

Me: Been in Canada for 8 years, been a PR for 2 years, currently working full time in Financial Reporting/Accounting;

My girlfriend: Been in Canada for 3 years, on Study Permit, which expires in 10 months;

We: Been living together in Canada since Jan.2008 for 2.5 years now, very stable relationship and only 1 step away from marriage which would be parents' approval.

Issues, concerns and questions:

I want my girlfriend to become a PR so she can stay and live here with me even if she can't renew her study permit in 2011, and in the long term.

I know very little about the family class immigration process, I did read the CIC website and it looks like my girlfriend needs to be my "Common-law partner" in order to be qualified for the family class immigration program.

I in the first place do not know how and where to apply for this "Common-law partner", or is it even like a marriage certificate that you can apply for at all? If so, where do I apply / send the application form to?

Also, I google'd a bit and found that a lot of documents may be needed as proof of our relationship. Although we have been living together for 2.5 years, which is much longer than the required 1-year period, we actually do not have much of this kind of "proof". We rarely take any photo (might have some but only a few), we don't have a joint bank account, we don't have any letters/chat log between each other as we face each other everyday... and our apartment lease is under my name, with her name on the lease as "other occupants" - and before we moved into this new apartment 8 months ago, for the first 1.7 years'ish that we had been living together her name wasn't even on the lease of our old place. I've been paying rent alone always. We do have all sorts of letters/flyers with either her or my name on it sent to the same address but I think we tossed most of them especially the old ones including bank statement/utility bills from 2 years ago for example, as we didn’t know anything about this common-law partner thing and has never prepared for it, when it only becomes a plan very lately.

So my concern is... I don't know where and how do I apply for this "Common-law partner" with her, and even if I do, I'm afraid I'm lacking too much "proof" for her to become eligible?

If any of you believes that I still have a chance, would you please advise me what I should do now in detailed steps? Where should I go to apply for the "Common-law partner" with her, and what should I do after getting this 'certificate' (might not be one at all, I've no idea), and would you have any suggestion on document preparation for the "Common-law partner" based on my situation described above?

Also, do you suggest me to pay for an immigration lawyer company to do all this instead? And if so does anyone of you know how much it usually costs / or any suggestion on which legal service company to choose?

Thank you very, very (very x 99) much for reading this, and if you could help me a bit in any aspect, I would add another 9 to that 99 in the brackets!


Lewis

 

[iarblue]

Here is a link http://www.cic.gc.ca/english/information/applications/spouse.asp

In the manual it will explain about the proof of your relationship.Get as much proof for the both of you together,very important,like a lease in both names joint bank accounts joint credit cards,etc.Pictures of the two of you dated will be your best evidence.Letters from friends,family,pastors,officials that know you both.

 

[AllisonVSC]

Hi Lewis,

To qualify for family class PR as common law partners you must be able to prove that you have lived together continuously for at least one full year (there is no way to "apply" for the status you just declare the status and offer proof). Your current lease and copies of mail sent to this address will prove 8 months. You might want to contact your previous landlord and ask him to write a letter stating that you lived together at the previous address. You could also contact neighbors, family or friends and ask them to do the same. Actually, you will need some letters from people affirming your relationship is true and genuine (these are called statutory declarations, 2 of which should be notarized) and so your friends and family can write letters for evidence of BOTH your living arrangements and your relationship.

Fortunately you have a little time to address some of the other issues regarding proof of your relationship...start taking photos even if you just go for a picnic in the local park. Ask friends and family to share any photos they may have and be sure to take photos when you are with them. Open a joint account, or as my sponsor did, add her name to your account. You mentioned that you might have tossed old bills from your previous address, but how about old bank statements? The bank may be able to supply you with copies if you don't have any. Though you don't have chat logs etc since you live together, send each other cards in the mail and save both the cards and the envelopes. Look for cards and letters from family members too.

I do not believe it is necessary to hire a lawyer for this type of application. You will be able to do it yourselves. Others will offer more advice, I'm sure, on how and what to gather as evidence of your relationship. But this should get you started thinking. One of your greatest strengths is knowing about this forum. Lots of people here will help you and answer all your questions.

Regards, Allison

 

[lew613]

Thanks a ton for the reply!

Now I understand that the common-law partner is not something you "apply for" but you just declare it when you send out this Permanent Resident application package right? so I will start collecting proofs in all ways now, and when I think I'm ready I'll just fill out the application forms for PR for my girlfriend, attach all proof (as much as possible)for our relationship.

However, as I mentioned in the original thread, her Study Permit is expiring in 10 months, how long does this process usually take (for cases like mine, where both of us are currently in Canada and has been in Canada for years) ? Obviously I need some time to collect all the proof of relationship, lets say I can get everything ready and sent next month, that leaves us only 9 months or even shorter for the PR application for my girlfriend. If the process takes longer than that, does she have to leave Canada in April 2011 when her Study Permit expires?

Many thanks,

Lewis

 

[iarblue]

No if the app takes longer then her status allows,she can apply for a workers permit,or a TRV,or see if she can get an exension on her study permit but this will require a new course correct.If sh applies for one of these a month before her other visa or permit expires she will be under implied status.
You can use that you have a PR in process as to the reason you want the visa or permit.
Now if she wants to work you can send in a workers permit app wth the PR app as it is an inland app,and when the first stage approval is approved they will send you a letter staing so with her workers permit.