Sponsoring my Fiance/commonlaw and Grants?

[TashaEA]

Okay so My Fiance and I have been only engaged for a couple months, but we dated 2 years now with him living with me in my home in Canada on a Holiday work Visa, and dated 2 and a half years online, while he was in Australia saving money and finishing school. I'm pretty sure we count as either Common Law or Conjugal partners, but we're getting married this July when his mom comes to meet me. (its a surprise though!)

Anyways, I read that you can't apply to sponsor your partner if you are accepting money from the government, but I was going to apply to Alberta works to go to school come september. Can I not do this if I am sponsoring him? And is that only during the sponsorship application, or does this continue after he has his PR and I am responsible for him for those two or three years?

 

[Awesomeg]

Okay so My Fiance and I have been only engaged for a couple months, but we dated 2 years now with him living with me in my home in Canada on a Holiday work Visa, and dated 2 and a half years online, while he was in Australia saving money and finishing school. I'm pretty sure we count as either Common Law or Conjugal partners, but we're getting married this July when his mom comes to meet me. (its a surprise though!)

Anyways, I read that you can't apply to sponsor your partner if you are accepting money from the government, but I was going to apply to Alberta works to go to school come september. Can I not do this if I am sponsoring him? And is that only during the sponsorship application, or does this continue after he has his PR and I am responsible for him for those two or three years?

At this time you may face difficulties sponsoring him as common law, and also as Conjugal Partners. I believe that with the changes that immigration made to inland sponsorship it will be better to wait for July and get married, If you apply inland he can get a working permit sooner now. And about receiving money from the government, yes, it may be a problem. But if you receive a training it may be different, the best thing that you can do is to call the immigration Call Centre and find out if will be any problem. But I believe that if it is for training you will be OK... but again, better ask. The free number is: 1 - 888 - 242 - 2100 give them a call to make sure and don't make any mistake.

 

[Rob_TO]

Okay so My Fiance and I have been only engaged for a couple months, but we dated 2 years now with him living with me in my home in Canada on a Holiday work Visa, and dated 2 and a half years online, while he was in Australia saving money and finishing school. I'm pretty sure we count as either Common Law or Conjugal partners, but we're getting married this July when his mom comes to meet me. (its a surprise though!)

The only way you would qualify as common-law is if you've actually lived together in the same home for 12 consecutive months, and have proof of this cohabitation. In this case, you could apply immediately as common-law and wouldn't need to wait until you're married.

You would not qualify as conjugal, since there are no immigration or legal barriers to you getting married or becoming common-law with an Australian.

Anyways, I read that you can't apply to sponsor your partner if you are accepting money from the government, but I was going to apply to Alberta works to go to school come september. Can I not do this if I am sponsoring him? And is that only during the sponsorship application, or does this continue after he has his PR and I am responsible for him for those two or three years?

It depends how the money you receive from "Alberta Works" is classified. If it's some kind of EI (employment insurance) or some student loan program specifically for studies, then perhaps it will be ok. But if it's a social assistance program (like welfare) then you must not be on the program at any time during application process.

All Australian citizens will want to apply using the OUTLAND process, as Sydney is one of the fastest visa offices out there.

Even if INLAND apps are giving work permits sooner with new rules, you are looking at 2+ years still to get PR with inland, and face risks anytime traveling outside Canada. Compare that to a typical outland app through Sydney office that could be completely done in 6-8 months flat.

 

[keesio]

It depends how the money you receive from "Alberta Works" is classified. If it's some kind of EI (employment insurance) or some student loan program specifically for studies, then perhaps it will be ok. But if it's a social assistance program (like welfare) then you must not be on the program at any time during application process.

I'm not sure it is the same but check out mikeymike's post here:
http://www.canadavisa.com/canada-immigration-discussion-board/is-funding-for-training-concidered-social-assistance-t255802.0.html;msg3797674#msg3797674

 

[canadianwoman]

Alberta Works is welfare. The specific training program you are looking at may not be so check with Alberta Works. The people at the CIC hotline probably won't know.

 

[TashaEA]

The only way you would qualify as common-law is if you've actually lived together in the same home for 12 consecutive months, and have proof of this cohabitation. In this case, you could apply immediately as common-law and wouldn't need to wait until you're married.

You would not qualify as conjugal, since there are no immigration or legal barriers to you getting married or becoming common-law with an Australian.

It depends how the money you receive from "Alberta Works" is classified. If it's some kind of EI (employment insurance) or some student loan program specifically for studies, then perhaps it will be ok. But if it's a social assistance program (like welfare) then you must not be on the program at any time during application process.

All Australian citizens will want to apply using the OUTLAND process, as Sydney is one of the fastest visa offices out there.

Even if INLAND apps are giving work permits sooner with new rules, you are looking at 2+ years still to get PR with inland, and face risks anytime traveling outside Canada. Compare that to a typical outland app through Sydney office that could be completely done in 6-8 months flat.

We have lived together for just over two years now, and I don't really know what counts as proof of that. When he applied for his Holiday work visa I think he was asked to provide an address for where he would be staying, and I think he gave my Canadian address on the applications but I'm not sure, also his mailing address has been my house for the entire time he's been in Canada. He just started a second Holiday work Visa and he is beginning his second, two-year visa living with me.
We are applying outland, having seen the time tables on the CIC website, we agreed it made the most sense but Would applying as common-law and then getting married during the processing time muddle the paper work or make it harder? Because we want to apply ASAP but marrying is important for both of our belief systems.

The money from Alberta works I was looking into was not monthly living costs, but to help me pay tuition to get my grade 12 diploma-- not for job training or College, I guess I should have been more specific, that probably makes a difference since you can apply for all of this through Alberta works.

 

[canuck_in_uk]

We have lived together for just over two years now, and I don't really know what counts as proof of that.

Joint lease/rental agreement, joint bank accounts, joint utility bills, mail to the address in both names and your own names, addresses on IDs...the list goes on.

Would applying as common-law and then getting married during the processing time muddle the paper work or make it harder?

Zero effect on the app.

 

[Rob_TO]

Yes a joint rental/lease agreement is the #1 thing to prove common-law status. Or even an official declaration from the landlord that you have been living together since X date. In addition to the proofs mentioned above, could also get supplementary credit card in partners name, life insurance on each other, and adding each other to employment benefits (if applicable) or anything that required a beneficiary designation.

If you've been living together now 2 years, hopefully you've each also been filing taxes through CRA as a common-law couple. You can include tax status as extra proof. If you've been filing as single, then you should go back and do re-assessments to previous year taxes to change to common-law. This will help with PR app, not to mention filing as single when you're actually common-law is considered tax fraud.

Also to confirm, getting married partway through a common-law app has zero effect.

Just make 100% sure any money you get from Alberta Works is not classified as social assistance/welfare. If CIC thinks it is, it can cause massive delays or even a rejection of the sponsor.