Time for Common-Law

[loverly]

Hello,

I'm new to the group, so sorry if this has been asked before -
I am a Canadian citizen and have been living together in Canada with my boyfriend since April 2009. Our problem is that his work visa expires on April 14 (non-renewable), but we technically have only been living together since April 16, 2009 (he arrived in Canada on April 15, but had to stay a day in Toronto and did not arrive in Alberta until the 16th). We have sent in the request in February to extend his stay, by changing his status from work to visitor, but have not yet received a response. I know that he will have implied status until we receive a response, but will this affect our common-law status? A lady at the CIC Call Centre told us that having lived together for anything less than exactly 12 months is insufficient for common-law status.

Thank you very much for any responses, we are quite worried about this since we have no other options if I cannot sponsor him as my common-law partner.

 

[Siouxie]

He has implied status until he receives a response on his application to extend his visitor status... at the moment that can take 2-3 months to get, so you should have time.

You do need to be living together continuously for a period exceeding 12 months to qualify for common-law status.

I would suggest starting to get all your paperwork in order (proof of relationship, proof of common-law, fill out the forms ready etc.,) and as soon as you hit the magic 12 months plus 1 day (in excess of 12 months) then you can put the application in.

Is there any chance of his extending his work permit?

 

[BeShoo]

Wait times for extension requests are 53 days at the moment and they were even longer a few weeks ago. See http://www.cic.gc.ca/English/information/times/canada/process-in.asp#temp_res So by the time you hear back, you should already be over the 1-year requirement, I hope.

Even if he is asked to leave, I think he has 30 days to do so usually, so as long as that put you over the 1-year mark you should be okay. Hopefully, he won't be asked to leave, though, then you could maybe request another extension if you wanted.

 

[loverly]

Thank you guys for the reassurances!

Unfortunately we can't extend his work permit, since he's not a student and he had the OWP from BUNAC, which doesn't allow you to renew (we tried). Our only option right now is to wait until we meet the requirements for common-law status and apply for me to sponsor him.

Another question - although we are legally common-law after 12 months + 1 day, does it make any difference to the CIC how long you have been together in a common-law relationship? What I'm wondering is if it will be more difficult to get my sponsorship and his PR application approved if we JUST meet the requirements, compared to say having lived together for 2 or more years.

 

[Swede]

Thank you guys for the reassurances!

Unfortunately we can't extend his work permit, since he's not a student and he had the OWP from BUNAC, which doesn't allow you to renew (we tried). Our only option right now is to wait until we meet the requirements for common-law status and apply for me to sponsor him.

Another question - although we are legally common-law after 12 months + 1 day, does it make any difference to the CIC how long you have been together in a common-law relationship? What I'm wondering is if it will be more difficult to get my sponsorship and his PR application approved if we JUST meet the requirements, compared to say having lived together for 2 or more years.

The longer you've lived together the better, obviously, but as long as you have ample proof you'll be fine.

 

[diddagirl]

Thank you guys for the reassurances!

Unfortunately we can't extend his work permit, since he's not a student and he had the OWP from BUNAC, which doesn't allow you to renew (we tried). Our only option right now is to wait until we meet the requirements for common-law status and apply for me to sponsor him.

Another question - although we are legally common-law after 12 months + 1 day, does it make any difference to the CIC how long you have been together in a common-law relationship? What I'm wondering is if it will be more difficult to get my sponsorship and his PR application approved if we JUST meet the requirements, compared to say having lived together for 2 or more years.

Once you meet the common law requirements- you are common law, plain and simple. I don't think anyone could say that the longer you live together the better, as it as it simply based on proof; and a longer relationship doesn't necessarily mean more proof.

My bf and I mailed our application on exactly our one year mark, and we were approved within 2.5 months. We provided a wide range of evidence for both our common law situation as well as our relationship, so there would never be a reason for a IO to be concerned with our length of cohabitation.

 

[loverly]

Once you meet the common law requirements- you are common law, plain and simple. I don't think anyone could say that the longer you live together the better, as it as it simply based on proof; and a longer relationship doesn't necessarily mean more proof.

My bf and I mailed our application on exactly our one year mark, and we were approved within 2.5 months. We provided a wide range of evidence for both our common law situation as well as our relationship, so there would never be a reason for a IO to be concerned with our length of cohabitation.

Well, we have our names on the lease, a joint account which we pay our 'couple' bills out of (utilities, groceries), tons of evidence of pictures, letters, emails, etc. from our relationship and vacations we took together, and I am also planning on adding him to my insurance benefits as soon as our common-law status kicks in (thank goodness it's only one year in Alberta!). Of course, we have met each others' friends and family members and everyone is aware of our relationship. I hope this will be enough...

 

[diddagirl]

Well, we have our names on the lease, a joint account which we pay our 'couple' bills out of (utilities, groceries), tons of evidence of pictures, letters, emails, etc. from our relationship and vacations we took together, and I am also planning on adding him to my insurance benefits as soon as our common-law status kicks in (thank goodness it's only one year in Alberta!). Of course, we have met each others' friends and family members and everyone is aware of our relationship. I hope this will be enough...

Seems like you have some great proof already, however if you have life insurance/RRSP's or anything like that in which you could add your spouse as the "beneficiary" that would also aid in your proof for common-law.

Also, ensure that you include photos of you guys WITH each others family and friends is you can, and getting a couple family members and friends from each side to write letter attesting to the genuineness of your relationship is something I might suggest as well.

 

[Siouxie]

Re the work permit - have you seen this?

http://www.cic.gc.ca/EnGLIsh/information/faq/work/low-skill-faq04.asp#il

Frequently asked questions:
Working temporarily in Canada
Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)
I have a work permit under an International Youth Exchange Program. Can I apply for a work permit extension under the Low-Skill Program?
Yes, if your employer has an approved LMO for the job offer. You can work for another 24 months under the Low Skill Pilot before you must leave Canada

 

[loverly]

Thank you diddagirl and Siouxie for your advice! Unfortunately we can't get an LMO from his employer since they'll have to offer the job to Canadians first, and it's most likely that there will be other people they will have to consider over my BF.

I hope our case is pretty straight-forward and will get through all the processes fairly quickly - my only concern is that my boyfriend lived in Japan for a few years, so it might take longer for them to check his information from there. We have already applied for a Japanese police certificate though.

For the statements from friends and family, do they need to be sworn statements that are notarized, or will a simple letter do?

 

[diddagirl]

For the statements from friends and family, do they need to be sworn statements that are notarized, or will a simple letter do?

The checklist states "Statutory declarations" from family and friends... which I think means that it has to be notarized (as to become an affidavit). However, I submitted 2 letters from family members and 2 letters from friends- none of which were notarized (I must have missed that part in the application), and we were approved quickly, with no issues.
Perhaps someone else can clarify on if letters do in fact need to be notarized?

 

[BeShoo]

There's supposed to be 2 notarized declarations, I believe. These are rather dry and matter-of-fact something like: "XXXXX and XXXX have been involved in a genuine and continuing relationship since XXXXX. (XXXXXX and XXXXX have been continuously living together since he/she arrived here in XXXXX. I make this solemn declaration conscientiously believing it to be true, and knowing that it is the same force and effect as if made under oath."

Besides that, you should have a number of letters of support. These ones should be more descriptive and more personal in that they state whatever the person knows about your relationship. It would be bad if these looked like form letters.

 

[loverly]

Is there a special place I need to go to get a statement notarized? Is there a template somewhere? Sorry for all the questions, I just want to make sure that we have all the documents prepared and ready to send off in the mail as soon as we get his meds and police certs done. I'm sure we all agree that any time spent apart from a loved one is too long!

 

[BeShoo]

You'd want to look for a "notary public" (check the Yellow pages). I've heard that city/town offices in Canada have to provide this service for free, but I'm not sure I believe that. Maybe try calling city hall.

for examples, do a Google search for "example of statutory declaration" http://www.google.ca/search?q=example+of+statutory+declaration I'm sure you'll find some examples that way.

 

[BeShoo]

There's an official form for a statutory declaration of a common law partnership at http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF It's not quite what you want, but you might want to steal some of the wording from it.

You can also get any support letter notarized if you want. I think the notary has to witness the signing. Someone correct me if I'm wrong about that.