Some advice needed on Common Law/Conjugal & things...

[jibba]

Hi forum members.

Looking for some help with my PR application as a common law partner. Please advise or provide opinion if you can. I have had a read through the forum but things are still confusing me.

I am from the England and my partner is a Canadian citizen by birth.

I entered Canada in Jan 13 and I had an extended temporary resident visa as a tourist until April 2014 and I have now come back to the UK for a few months to intending to return to Canada soon. Between April 2013 and April 2014 we were living together in BC.

My 1st question I am trying to work out is...

Are we to be classed as common law if I have been back in the UK for the last 2-3 months? Or should we apply as conjugal partners because i am not living there right now? (but still paying rent & on lease, hydro etc)

2nd & 3rd 4th or 5th questions I have ...

Am I OK to just come back to Canada again in the next few weeks (at the airport they wont refuse me another standard 6 months tourist visa?)

Should we submit the applications before I or while I am there? Can i apply through the Outland process while i am in Canada as a visitor?


Thanks

 

[rhcohen2014]

1. first, get the idea of applying "conjugal" out of your head. this is only for applicants who have a barrier to getting married, which you do not since you can freely travel to canada, and your partner can freely travel to the UK. As for commonlaw, you need to be able to prove you lived together for 365 consecutive days. So you need to look at the specific dates from April 2013 to April 2014 that you cohabitated. Even if it's 1 day less than 365 days, Canada will NOT recognize it as commonlaw. Also, there needs to be significant proof that you did in fact cohabitate. The most important proof is the Canadian sponsor changing their tax status with CRA to Commonlaw. If you happen to not be able to prove commonlaw, or missed the 365 days of cohabitation, your ONLY other option is to get married and apply through spousal sponsorship.

2. No one can tell you if you will be denied entry at the border. That is in the hands of the border agent you get that day and whether you can convince them you do not intend to "live" in canada, and only be there as a visitor. It's super important to be able to bring proof of ties to your home country (lease/mortgage/deed and/or work contract/paystubs).

3. You can send in the application while you are there as a visitor, no problem. It's actually cheaper to mail it from within Canada. When you cross the border, make sure to bring ALL your information with you to show them, because more likely than not they WILL be asking you about it. In my experience as a visa except applicant, they want to see you have paid fees, and you are gathering information to submit it. If you enter after it's been submitted, they will check their system to confirm it's been received before allowing you back in.

 

[Rob_TO]

Between April 2013 and April 2014 we were living together in BC.

My 1st question I am trying to work out is...

Are we to be classed as common law if I have been back in the UK for the last 2-3 months?

If you lived together for exactly 365 days from April 2013 - 2014, and most importantly have proof of it (joint lease & accounts, mail, testimony letters, etc), then you can apply as common-law.

Once you reach the 12 months of cohabitation, you are then officially common-law even if you then have to move back to home country while your partner stays in Canada. Read here for more: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?

As was mentioned, forget the conjugal app as you wouldn't qualify.

 

[jibba]

Thanks for the help, much appreciated.