Possible plans per this situation?

[SeanAshCanada]

First, here is the scenario:
I, Sean, am a Canadian citizen, 19 years old. She, Ashley, is an American Citizen, 17 years old. We have been in a relationship for 3 years now, with visits in either country. If she were to immigrate to Canada, I am wondering what the best way of going about it might be.

Notes:
-She doesn't qualify as a skilled worker.
-It seems we do not qualify as conjugal partners. We technically can get married once she is 18, and we technically could spend 6 months together in each country to achieve 12 months of living together.
-We do not seem to qualify as common law, since although we are essentially interdependant in almost every way, we still do not share finances since she does not have access to her own bank yet.
-Marriage would be possible, but highly frowned upon (unfortunate age and family norms).

How I understand it:
My first impression is that we will have to wait for her to be 18, claim common law (if possible?), then apply for immigration as family-common law sponsorship. Once here, she would not be able to work until she got approved for a Permanent Resident card.



Is what I said so far correct, and is that the best way to go about things, given our situation?

 

[sidkrose]

I believe you will have to wait until she is 18 regardless, unless you were to get married (with permission of her parents, I think that is the law for minors getting married), not too sure on that though.

If you want to go the common-law route you would have to live together for 12 consecutive months (though you do not have to live in the same place - you could live in the states for 6 months, then she could live in Canada for 6 months).

Also, you should realize that sponsoring someone is a very serious commitment and you will be legally bound to each other for 3 years. Also, don't think that common-law is the "less serious" route, she is still considered your spouse, it is essentially the same as being married and can carry the same legal repercussions. It is not my place to be patronizing, but that is just my two cents.

 

[MDSB]

Perhaps she could come to Canada on a working holiday first of all and see how she likes it...

 

[AmericaninQuebec]

Perhaps she could come to Canada on a working holiday first of all and see how she likes it...

There is no working holiday visa for Americans (I checked the website about it out of curiosity http://www.international.gc.ca/experience/intro_incoming-intro_entrant.aspx?lang=eng&view=d), but she may be able to use one of the recognized programs (http://www.international.gc.ca/experience_dev/partners_in-partenaires_entrant.aspx?lang=eng&view=d).

Are either of you looking to go to college? Why don't you consider going to a school down in the States by her or she could consider going to a school in Canada near you? It would require student visas, but it may be the most sane and rational route for the two of you at your current ages.

 

[MDSB]

There is no working holiday visa for Americans (I checked the website about it out of curiosity http://www.international.gc.ca/experience/intro_incoming-intro_entrant.aspx?lang=eng&view=d), but she may be able to use one of the recognized programs (http://www.international.gc.ca/experience_dev/partners_in-partenaires_entrant.aspx?lang=eng&view=d).

Are either of you looking to go to college? Why don't you consider going to a school down in the States by her or she could consider going to a school in Canada near you? It would require student visas, but it may be the most sane and rational route for the two of you at your current ages.

There are Working Holiday Visas through International Experience Canada (IEC) http://www.international.gc.ca/experience/professionals_professionnels.aspx?lang=eng&view=d and http://www.international.gc.ca/experience/working_holiday-travail_vacance.aspx?lang=eng&view=d... via, for example, BUNAC or SWAP or Travel CUTS...however she will have to be 18 to apply. I think, also, she must be a student or a recent graduate but worth checking out though directly with the companies

 

[SeanAshCanada]

Yes, we would be waiting for her to turn 18 regardless. Maybe even 19. I am already attending University, and we looked at the possibility of her living here as a student. We are keeping that option in mind. I have family that claim as common law to their spouse, so I've had the opportunity to understand the seriousness of it.

The biggest problem will probably be proving that I can financially support her, especially if she is not able to work for a few months. As it stands, she would be living with me at my parent's house, so I would only be providing her rent money. If I can prove I have the financial ability to pay her rent, is that a reasonable argument for me to say I fully support her? Also, would we need to be financially linked (bank accounts or other) to claim common law?

 

[AmericaninQuebec]

Yes, we would be waiting for her to turn 18 regardless. Maybe even 19. I am already attending University, and we looked at the possibility of her living here as a student. We are keeping that option in mind. I have family that claim as common law to their spouse, so I've had the opportunity to understand the seriousness of it.

The biggest problem will probably be proving that I can financially support her, especially if she is not able to work for a few months. As it stands, she would be living with me at my parent's house, so I would only be providing her rent money. If I can prove I have the financial ability to pay her rent, is that a reasonable argument for me to say I fully support her? Also, would we need to be financially linked (bank accounts or other) to claim common law?

You need to have as much in common as possible, so yes you'd have to have at the very least a joint bank account. If you have credit cards you should link those. Also, private insurance and/or life insurance benefits, etc. Essentially you have to prove that you are living as a married couple minus the paper that says you're officially married. You will have a much harder time proving common law status if you having nothing in common except for living space (and if it's your parents' house that might make it even more difficult, since it's not your appartment or a shared lease).

I think she should look into the programs that MDSB mentioned above. That way she could come live with you for a few months and work while she's here. Then you could see if you both want to move forward in a more permanent direction.

Also, what about you both do your university degrees, and spend your non-studying months together? Maybe you could even study abroad together for 6 mths or a year in the same location. No offense, but life isn't so short that you guys should rush things too much. She's not even 18. You both have lots of learning and growing to do, and moving to a new country for someone (even someone you love) can be very difficult. I did it for my husband, and it put a lot of strain on our relationship. Try not to stress yourself about being the in same place right now. Let yourselves get your degrees and experience your college years together. Then afterward, when you're both in better positions to get married and/or move in together, see if it's the right decision for you both and what the best option is for you then.

 

[SeanAshCanada]

Point taken on being young and in a early relationship. So, by the looks of things, the best way to do things is to find a recognized program (since IEC doesnt have its own US to Canada program from what I see) and have her work here while visiting for a period of time. This would occur when she is 19, we could apply once she is 18. During that time, we would want to merge financial items when possible. After her work program is over, she would visit again for a 6 month period, at which time she could apply for immigration using common law sponsorship.

Does this sound correct, smart, and likely to work?

 

[AmericaninQuebec]

Point taken on being young and in a early relationship. So, by the looks of things, the best way to do things is to find a recognized program (since IEC doesnt have its own US to Canada program from what I see) and have her work here while visiting for a period of time. This would occur when she is 19, we could apply once she is 18. During that time, we would want to merge financial items when possible. After her work program is over, she would visit again for a 6 month period, at which time she could apply for immigration using common law sponsorship.

Does this sound correct, smart, and likely to work?

Yes, if she does a 6 mth work program, then immediately returns to visit with you for another 6 mths you would qualify as Common law as long as you have been living together the entire time. As you stated you should try and merge your finances and generally live as a unit (i.e. like a married couple) during that time. As for whether it's likely to work, I can't say. I can say you would appear to meet the threshold requirements for a CL sponsorship application at that point. Of course you will still have to meet the sponsorship requirements as well as have adequate proof of your relationship in order to be approved.

 

[SeanAshCanada]

Thank you, that helps clear a lot of questions. Doing research on immigration is a pain... it's hard enough just trying to find the best path to immigrate, let alone understanding that path! Well, now I get to do more research on these suggestions. More than likely, she wont be here for another year and a half, at which time she may be able to stay here for 6-12 months until we claim common law. We've already been at this for nearly 3 years, so clearly we're patient enough. Thanks again

 

[SeanAshCanada]

Oh, also... do you have to be living together consecutively for 6 months, or could a 6 month break in your 12 months be allowed to claim common law?

 

[AmericaninQuebec]

Oh, also... do you have to be living together consecutively for 6 months, or could a 6 month break in your 12 months be allowed to claim common law?

No, I'm afraid you generally have to live together 12 consecutive months. This is the language from Guide 3999 - Sponsorship of a spouse, common law partner, conjugal partner or dependent child living outside of Canada:

A Common Law Partner Refers to a person who is living in a conjugal relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people. Common-law partners must attach any documents that show they are in a committed and genuine relationship, for example, evidence that they share the same home, that they support each other financially and emotionally, that they have had children together, or that they present themselves in public as a couple.

Common-law partners who are unable to live together or appear in public together because of legal restrictions in their home country may still qualify and should be included on the application.

Common-law partners that meet the conditions outlined above but who have been separated for reasons beyond their control (for example, civil war or armed conflict) may qualify and should be included on the application.