Sponsorship, apply inside or outside Canada in our case?

[foxlove]

Hi, and thanks in advance for any help you can give me!
I am a Canadian citizen and my fiance is a US citizen. We have lived together for over a year and he is currently staying in canada on a visitor's permit, which expires in November. We're ready to re-attempt the sponsorship applications as we have finally received his police clearances from the States. Initially, we were going to do the In-Canada application, however, i have since heard that it would probably be quicker and better for him to do the outside canada application. A couple questions:
Is this true?
If we were to apply from outside Canada, what would we put as his residential address?
Should we apply to extend his visitor status in the meantime?
Also, since we are technically "common-law" do we need any declaration of this? we haven't officially done anything legally regarding being common-law, we have just met the 1-year requirement.

Thanks!

 

[challenger485]

Hi, and thanks in advance for any help you can give me!
I am a Canadian citizen and my fiance is a US citizen. We have lived together for over a year and he is currently staying in canada on a visitor's permit, which expires in November. We're ready to re-attempt the sponsorship applications as we have finally received his police clearances from the States. Initially, we were going to do the In-Canada application, however, i have since heard that it would probably be quicker and better for him to do the outside canada application. A couple questions:
Is this true?
If we were to apply from outside Canada, what would we put as his residential address?
Should we apply to extend his visitor status in the meantime?
Also, since we are technically "common-law" do we need any declaration of this? we haven't officially done anything legally regarding being common-law, we have just met the 1-year requirement.

Thanks!

Yes if you apply from outside canada, its quicker than in-canada application. If you want to apply from outside canada, you have to put his US residential address. He can extend his visiting status. However, you have to convince VO that he is going back to US to complete PR formalities (e.g. for interview).

 

[canadianwoman]

Outland is usually faster. Since US citizens can come in without a visa, people usually recommend outland.
If he has been living with you for a year, it is OK to put your address as his residential address. Many people have done this while applying outland and have gotten their visas. If he has kept an address in the States, you could use that. Technically, he's a visitor, but since he has been here for so long the visa officers seem to accept that 1. he's living in Canada, but 2. he's applying outland.
Apply to extend his visitor status.
You need to prove you have lived together for one year. A lease in both names for a year, and both your names on the utilities for a year, would be good.
You need two statutory declarations from people who know you stating that the two of you are in a common-law relationship. You can get more letters of support if you wish.

 

[AllisonVSC]

Just to get clarification, foxlove, you've been living together for over one continuous year, correct? I recommend outland for the speed and right of appeal if refused. He can put either address (US if he still technically has one or your CAN address) as residential but use your Canadian address for the mailing address. You will need to file for an extension of his visitor visa as it is unlikely in either route that a decision will be made by November.

Good luck with your app. Allison

 

[foxlove]

Thanks so much for the help!
Yes Allison, we have been living together for over one year together. The only thing is that proof in forms of joint utilities, bills, etc. are non existent because I have been supporting him since the day he moved here.. and obviously he can't get his own bank accounts and stuff like that since he is not a Canadian citizen. Everything is in my name, so will that be a problem? Will letters from relatives suffice? He's had things mailed here before and I've been sure to save the envelopes and everything... also most recently an Ontario fishing license. Will things like this work?

Also, if we DID choose to apply inland, what would the downsides be? We had already previously completed an inland application but hadn't sent it in as we were waiting on his police clearances. The Outland application seems to need a lot more info...

 

[angelbrat]

You should change your bank account to a joint one immediately. You should also have any life insurances etc in each others names.
Without paper proof like this CIC will not accept that you are in a common law relationship. They want to see there has been joint financial commitments over a year, as well as romantic ones.

Letters from family, photos of both of you at family events etc will be needed without the financial proof. Try and get as many letters from people as possible stating you have been living together for a year.

Have you thought about marriage? Possibly in your case it would be easier because of the lack of paper trail.

 

[AllisonVSC]

You are going to have to present verifiable proof of living together. If you are renting you can possibly get a statement from your landlord attesting to the length and/or status of your living arrangement. If you own, maybe ask a neighbor to write a sworn statement.

Also, my sponsor was able to add me to his RBC bank account (we have a joint account and I have a debit card in my name) last spring when I was here visiting and long before I became a PR. So don't discount the possibility for doing the same. Then he will have a statement with your common address on it. If you can't get an account at your bank try to find another way (joint store credit card or joint membership to Costco with two separate cards perhaps) so he can get a bill or statement mailed to your address.

I applied outland, so I'm not sure about how the apps and evidence requirements differ. I do know that inland takes longer, but after first stage approval, he could get a work permit. It might be that you have to apply for that with the original PR app, I'm not sure. And there is no appeal process for inland apps that are refused. The only other downside I've heard of is that he must remain in Canada during processing. If he leaves Canada for any reason and is refused admission back into Canada he will forfeit his inland app.

Hope that helps.
Allison

 

[AllisonVSC]

foxlove, I sent you a private message. Check your inbox. Allison

 

[foxlove]

They want to see there has been joint financial commitments over a year, as well as romantic ones.

See this is where it gets tricky though, he has made no financial contributions because he legally CAN'T. He can't work here, i support everything. Hence the reason for the application in the first place, so he can get a work permit and be able to contribute. It's stuff like this that gets me all confused about the immigration process... can't do one thing without the other, but can't do the other without something else... ???

Also, my sponsor was able to add me to his RBC bank account (we have a joint account and I have a debit card in my name) last spring when I was here visiting and long before I became a PR. So don't discount the possibility for doing the same. Then he will have a statement with your common address on it. If you can't get an account at your bank try to find another way (joint store credit card or joint membership to Costco with two separate cards perhaps) so he can get a bill or statement mailed to your address.

We were thinking of doing this as well... I could easily have his name put on a bunch of stuff, however, would they accept that right away, or would we have to wait until he's had his name on the accounts for over a year?? I signed him up as another cardholder on one of my credit cards a long time ago, however the bills are separate (my name on one, his on the other...) not sure if this would work?? Also, we moved from our previous residence into a new home (which i own in my name) back in March. Not sure if that makes a difference with anything...?

Have you thought about marriage? Possibly in your case it would be easier because of the lack of paper trail.

Yes, but we really didn't want to feel like we were forced to get married because of immigration. Been thinking about it more seriously though lately as it does seem like it would help our case and we're obviously planning on doing it eventually since we're engaged! I'm just afraid that would take even MORE time though...

 

[iarblue]

The truth is a married couples case would likely in most cases be processed much faster than a common law.Adding him/her to a card that is yours will not help much as your still liable for the card.Things like a lease in both names,is your best,also lots of photos.
He doesnt have to show contributions as they know he cant work,but his name on a bank account,or a lease,or a mortgage.And it doesnt matter when you add him as long as it is before you apply.They dont see the date he was added,just a bank statement with both names on it.
And if you say to them you plan on getting married that wont help.They may refuse just on that note along and tell you to reapply when your married.
You can apply as common law no problem if you meet the criteria,but if you can marry without any issues they will wonder just like everyone else,(why dont you).
Do you know the reason why common law was even brought in or allowed in the immigration process now?Look it up on the immigration site and their answer will help you quite a bit in the decision you make.

 

[foxlove]

^ thanks iarblue.
To clarify, I didn't mean I thought the actual application process would take longer if we were married, I just meant all the planning, etc. I'm on the fence about a "rush" wedding because ideally I'd like both of our families to be there... all of his live in the States and would have to get passports and everything just to come. Which would mean his fingerprints would expire (again) and we'd have to wait for all the police clearances to be sent back out AGAIN. (we've had to get them twice now).

I should have no problem adding his name on bank accounts/mortgage so right now I think that is my best option. I'll be sure not to say we plan on getting married also.

 

[AllisonVSC]

I don't think it matters when you add his name to the accounts it just shows that you are combining affairs as much as possible. We got joint accounts in April and I filed in August. We went the conjugal partner route though so we didn't have to prove the one year living together part. Friends, family, neighbors can make sworn statements testifying to your living arrangements since you don't have a landlord or lease.

The credit card statements from a "long time ago" will help as proof that you have been living together even if only his name is on the bill...it comes to your shared address, right? Request them (and submit them as evidence) from as far back as you can.

Here's another suggestion. Read the OP 2 manual regarding common law and "interdependences" starting at section 5.34 and use that to help you determine what evidence you can already provide and what you might still need to gather.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Allison

 

[AllisonVSC]

foxlove, your inbox is full. I think new members get very little storage space. Clear you box and post here. I have another message for you.
Cheers.

 

[foxlove]

^ DONE
thanks for that link too... i think i should be able to gather a bunch of this stuff within a week or so.