Questions about the Common-Law process

[dannel_sk]

Hey!

I am a Canadian Citizen and I have an American girlfriend who is currently living in America. Her apartment lease expires at the end of July, so we were planning on having her come move up here with me and start our 12 month living together period to get common-law status and apply for the sponsorship to get her permanent residency. We *think* we have a solid grasp on how this needs to work, but if anyone here wouldn't mind taking a look at our plan and letting us know if theres any glaring problems with it, that would be SUPER helpful.

Here's how we see it happening:

- Lease expires end of July in America, have a moving company deliver her large furniture from America to Canada.
- I would fly down and drive up with her across the border so she could bring her car. Tell the border officer that she is staying as a visitor with me for 6 months. Travel with small personal belongings.
- Live together for 6 months, collecting proof of relationship (joint bank account statements, lease receipts with both names, utility bills in both names, etc)
- Prior to the last month of her stay, apply for a Visitor Record and request another 6 months of stay.
- Once that is approved, continue to live and collect proof for 6 more months, and then apply for sponsorship as soon as possible.

On paper, that seems like it is the correct way to do it, but if I'm missing anything, please let me know!

We also had a few questions regarding this:

- Is an international moving company able to move items across border without her having a work permit, etc? How would duties/import work?
- She intends to continue to work her online job while in Canada. Her online job will be located in the USA and will deposit American funds into an American account. She should NOT need a Canadian Work Permit for this, as she isn't actually working in Canada, correct?
- Is there any easy and painless way to transfer her American funds to a Canadian bank account, and ultimately into a joint account?
- Is she able to open a Canadian bank account as a visitor?
- Is she able to co-sign on the lease and get listed on the utility bills as well?
- We would like to visit her family in the states on a regular basis, will she be able to cross into the states and back into Canada, or will there be issues at the border with this? For both before the extension approval, and after it is approved? We would hate to have to reset the 12 month term if they denied her entry back into Canada.
- Once I apply to sponsor her, and she applies for the PR work permit, and assuming she gets it, she is able to find a Canadian job as a permanent resident, correct?
- If we both travel to the USA together, this isn't considered time apart from one another, correct?

Thank you all very much for taking a look at this!

 

[canuck78]

Hey!

I am a Canadian Citizen and I have an American girlfriend who is currently living in America. Her apartment lease expires at the end of July, so we were planning on having her come move up here with me and start our 12 month living together period to get common-law status and apply for the sponsorship to get her permanent residency. We *think* we have a solid grasp on how this needs to work, but if anyone here wouldn't mind taking a look at our plan and letting us know if theres any glaring problems with it, that would be SUPER helpful.

Here's how we see it happening:

- Lease expires end of July in America, have a moving company deliver her large furniture from America to Canada.
- I would fly down and drive up with her across the border so she could bring her car. Tell the border officer that she is staying as a visitor with me for 6 months. Travel with small personal belongings.
- Live together for 6 months, collecting proof of relationship (joint bank account statements, lease receipts with both names, utility bills in both names, etc)
- Prior to the last month of her stay, apply for a Visitor Record and request another 6 months of stay.
- Once that is approved, continue to live and collect proof for 6 more months, and then apply for sponsorship as soon as possible.

On paper, that seems like it is the correct way to do it, but if I'm missing anything, please let me know!

We also had a few questions regarding this:

- Is an international moving company able to move items across border without her having a work permit, etc? How would duties/import work?
- She intends to continue to work her online job while in Canada. Her online job will be located in the USA and will deposit American funds into an American account. She should NOT need a Canadian Work Permit for this, as she isn't actually working in Canada, correct?
- Is there any easy and painless way to transfer her American funds to a Canadian bank account, and ultimately into a joint account?
- Is she able to open a Canadian bank account as a visitor?
- Is she able to co-sign on the lease and get listed on the utility bills as well?
- We would like to visit her family in the states on a regular basis, will she be able to cross into the states and back into Canada, or will there be issues at the border with this? For both before the extension approval, and after it is approved? We would hate to have to reset the 12 month term if they denied her entry back into Canada.
- Once I apply to sponsor her, and she applies for the PR work permit, and assuming she gets it, she is able to find a Canadian job as a permanent resident, correct?
- If we both travel to the USA together, this isn't considered time apart from one another, correct?

Thank you all very much for taking a look at this!

She can’t move her belongings until she receives PR. She will need to leave her items in storage. She currently is not an essential traveller so would not be able to enter Canada. That may change. Does her US employer have a Canadian location or do any work with Canadian clients/businesses? If so she won’t be able to work in Canada. Bank transfers are pretty easy these days. It can be difficult to open a bank account as a visitor. Some have managed to do it. Yes she can co-sign a lease. It is not a good idea to cross into the US while trying to establish common law or during sponsorship. This will draw attention to the fact that she is living in Canada while actually a visitor. She could be denied entry. It has happened. If you must go to the US try to limit entries to only required trips.


When applying for inland sponsorship you can also apply for a OWP. It takes around 4-5 for approval. She can work in Csnada at that point. Yes PRs can work In Canada.

Time in the US together would still count as time together but returning to the US should be avoided. This is especially the case if returning to the US regularly through a land border. There is some flexibility when it comes to time apart. You can be separated for 2-3 weeks maximum although that should be avoided if possible. You can go on a short business trip or a weekend away from each other without a problem.

 

[scylla]

Hey!

I am a Canadian Citizen and I have an American girlfriend who is currently living in America. Her apartment lease expires at the end of July, so we were planning on having her come move up here with me and start our 12 month living together period to get common-law status and apply for the sponsorship to get her permanent residency. We *think* we have a solid grasp on how this needs to work, but if anyone here wouldn't mind taking a look at our plan and letting us know if theres any glaring problems with it, that would be SUPER helpful.

Here's how we see it happening:

- Lease expires end of July in America, have a moving company deliver her large furniture from America to Canada.
- I would fly down and drive up with her across the border so she could bring her car. Tell the border officer that she is staying as a visitor with me for 6 months. Travel with small personal belongings.
- Live together for 6 months, collecting proof of relationship (joint bank account statements, lease receipts with both names, utility bills in both names, etc)
- Prior to the last month of her stay, apply for a Visitor Record and request another 6 months of stay.
- Once that is approved, continue to live and collect proof for 6 more months, and then apply for sponsorship as soon as possible.

On paper, that seems like it is the correct way to do it, but if I'm missing anything, please let me know!

We also had a few questions regarding this:

- Is an international moving company able to move items across border without her having a work permit, etc? How would duties/import work?
- She intends to continue to work her online job while in Canada. Her online job will be located in the USA and will deposit American funds into an American account. She should NOT need a Canadian Work Permit for this, as she isn't actually working in Canada, correct?
- Is there any easy and painless way to transfer her American funds to a Canadian bank account, and ultimately into a joint account?
- Is she able to open a Canadian bank account as a visitor?
- Is she able to co-sign on the lease and get listed on the utility bills as well?
- We would like to visit her family in the states on a regular basis, will she be able to cross into the states and back into Canada, or will there be issues at the border with this? For both before the extension approval, and after it is approved? We would hate to have to reset the 12 month term if they denied her entry back into Canada.
- Once I apply to sponsor her, and she applies for the PR work permit, and assuming she gets it, she is able to find a Canadian job as a permanent resident, correct?
- If we both travel to the USA together, this isn't considered time apart from one another, correct?

Thank you all very much for taking a look at this!

You're good overall with the plans you've made. However as said above, definitely do not bring all of her belongings here. She can't do that until she has been approved as a PR - and if she tries, this could create very significant issues for her ability to enter Canada. She should put almost everything in storage (or leave with a friend) and only bring what a tourist would normally bring.

As also said above, the border is currently closed to all but essential travel. Hopefully this eases up by the time she wants to come here. If not, she would need to wait longer before trying to make the move.

Once she is here, you should limit trips outside of the country since re-entery is never guaranteed. Have her family visit you instead.

Yes, once you are common law and sponsor her for PR she will qualify for an open work permit. It will take around 4-5 months from the time you submit these applications for the OWP to be approved.

 

[canuck_in_uk]

Hey!

I am a Canadian Citizen and I have an American girlfriend who is currently living in America. Her apartment lease expires at the end of July, so we were planning on having her come move up here with me and start our 12 month living together period to get common-law status and apply for the sponsorship to get her permanent residency. We *think* we have a solid grasp on how this needs to work, but if anyone here wouldn't mind taking a look at our plan and letting us know if theres any glaring problems with it, that would be SUPER helpful.

Here's how we see it happening:

- Lease expires end of July in America, have a moving company deliver her large furniture from America to Canada.
- I would fly down and drive up with her across the border so she could bring her car. Tell the border officer that she is staying as a visitor with me for 6 months. Travel with small personal belongings.
- Live together for 6 months, collecting proof of relationship (joint bank account statements, lease receipts with both names, utility bills in both names, etc)
- Prior to the last month of her stay, apply for a Visitor Record and request another 6 months of stay.
- Once that is approved, continue to live and collect proof for 6 more months, and then apply for sponsorship as soon as possible.

On paper, that seems like it is the correct way to do it, but if I'm missing anything, please let me know!

We also had a few questions regarding this:

- Is an international moving company able to move items across border without her having a work permit, etc? How would duties/import work?
- She intends to continue to work her online job while in Canada. Her online job will be located in the USA and will deposit American funds into an American account. She should NOT need a Canadian Work Permit for this, as she isn't actually working in Canada, correct?
- Is there any easy and painless way to transfer her American funds to a Canadian bank account, and ultimately into a joint account?
- Is she able to open a Canadian bank account as a visitor?
- Is she able to co-sign on the lease and get listed on the utility bills as well?
- We would like to visit her family in the states on a regular basis, will she be able to cross into the states and back into Canada, or will there be issues at the border with this? For both before the extension approval, and after it is approved? We would hate to have to reset the 12 month term if they denied her entry back into Canada.
- Once I apply to sponsor her, and she applies for the PR work permit, and assuming she gets it, she is able to find a Canadian job as a permanent resident, correct?
- If we both travel to the USA together, this isn't considered time apart from one another, correct?

Thank you all very much for taking a look at this!

Leave the belongings in the US. Look into the requirements for the US car, as there are restrictions on how long it can be driven in Canada, insurance, licensing etc. It might be better to leave it in the US as well.

As long as her company has no Canadian clients/offices/presence, she can work remotely.

Tons of online transfer companies or options for bank to bank transfers.

Yes, some banks allow it.

Yes, she can sign a lease and be added to bills.

She should try to stay in Canada. Visitor status ends when a person leave Canada and they are evaluated as a new visitor upon entry. CBSA doesn't like visitors living in Canada, so she could be refused re-entry, especially if crossing often.

It isn't a "PR work permit"; PR and a work permit are 2 different things. She will get the work permit 4-5 months after applying (depending on pandemic delays) and can then work. PR will be around a year or more.

It counts as being together. Have proof of travelling together.