Sponsorship of girlfriend

[Berty3000]

Hi all,

I am a Canadian PR. PR was granted just over two years ago; I did a soft landing shortly after for two months and returned with my PR card.

I now have until July 2020 to return, do my two years, and meet my residency obligations. I intend to do so well before the deadline and am aware of the risks and obligations.

Since my soft landing, I have met my current partner. We are both UK citizens. We have been living together for nine months, and will have been living together for a year by the time we go to Canada, with some travel likely between the two. I want to sponsor her.

My questions:

- we have a tenancy agreement from the time we have lived here and my landlady has said she will confirm our residence with a signed letter. We do not have joint bills as our bills are included in the rent. I pay the rent from my account as I earn more. We do not have a joint account as we have no need for one. Will the the tenancy agreement, signed reference letter, plus evidence of holidays (flights, hotels), along with messages, emails, and photos be enough evidence to prove common law partnership? We will have literally been living together and sharing a bed every night by the time we go to Canada but this is the only evidence I have. I do not want to get married at this time.

- I'm mindful that with an outland application, I will need to be in Canada but that my partner will be able to visit and stay with me as a tourist (up to six months per time). And there would be a right of appeal. With an inland application, we could also apply for and get her an owp so she could work. To help me work out the pros and cons, how long will it typically take to get an inland decision compared to an outland one? And how long does the owp application take?

- I assume we will need a health and police certificate for her?

Many thanks for any advice.

Robert

 

[Copingwithlife]

Inland /Outland - both running 12 months
OWP - 4 months

 

[Berty3000]

Thanks.

Am I right in saying girlfriend would have to be with me for the duration for inland? So she'd effectively be allowed to stay in Canada for the year whilst the process happens? Also, does she have to be in Canada to get the owp?

 

[Hurlabrick]

Am I right in saying girlfriend would have to be with me for the duration for inland?

Yes

So she'd effectively be allowed to stay in Canada for the year whilst the process happens?

Yes and no.

If from a visa-exempt country, would almost certainly get an automatic 6 months visitor status. Close to the end of the 6 months (say 5) she should apply on-line for a visitor extension, easy and again, virtually automatic. She (and you) would also need to stay in Canada for the duration of the process (other than maybe 2 / 3 week holiday).

Also, does she have to be in Canada to get the owp?

Yes, definitely.

I assume we will need a health and police certificate for her?

Yes to both. You should download the forms and checklist, it is all spelled out there and in the pretty good CIC on-line help facility.

You do the medical when asked by CIC after you have submitted the pack (the up-front medicals stopped a couple of years ago).


There is quite an onerous set of 'proofs' of common law needed. Also spelled out in the checklists and on-line at CIC. They are a lot more than simply living together to 12 months. I don't think what you have will be enough, there needs to be 'financial entanglement' - sharing of bills, joint accounts etc. Basically 'you may as well be married' is what they are looking for.


Useful further reading here:

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms

 

[canuck_in_uk]

- we have a tenancy agreement from the time we have lived here and my landlady has said she will confirm our residence with a signed letter. We do not have joint bills as our bills are included in the rent. I pay the rent from my account as I earn more. We do not have a joint account as we have no need for one. Will the the tenancy agreement, signed reference letter, plus evidence of holidays (flights, hotels), along with messages, emails, and photos be enough evidence to prove common law partnership? We will have literally been living together and sharing a bed every night by the time we go to Canada but this is the only evidence I have. I do not want to get married at this time.

So you have the tenancy agreement and a letter from the landlord, which are essentially the exact same proof. The rest of what you listed, holidays/messages/photos/etc. are not common-law proofs, as none of it actually proves that you have lived at the same address for one continuous year. If that is all you have, then no, it is not enough proof of common-law.

Have you actually looked at the sponsorship checklist yet? It is quite detailed in what proofs are required to prove common-law.