To marry or to common-law?

[loeleo]

Hi all,

This is my second post, the last was very helpful with redirecting me on to the correct track for sponsoring my partner. Now I'm just trying to weigh out which route is best for us.

I'm Canadian (27), my boyfriend is Japanese (34). We're both currently living together in Japan (though we won't necessarily be living at the same address for the entire time I'm here). I'm about 4 months in to a Working Holiday Visa and will probably stay here for nearly 12 months total.

My preference is to apply through common law, rather than marriage, but I'm wondering if getting married would make the process simpler and/or faster...

For common law status, my understanding of how we could achieve it is this:
He would return to Canada with me as a visitor once I go back and could get an extension on his visitor visa so that we can achieve common-law status (with this reasoning being explicit when he applies for the extension). Is there any likelihood of him getting an open work permit once he has that extension? Or is there much risk that he wouldn't get the extension at all?
On the other hand, if I look at the marriage route, I assume we could follow the same approach with him coming to Canada as a visitor, but then get married there and start the application without having to wait out the year for common law status.

Th other marriage option seems to be that we could get married in Japan and submit the outland application sooner, while we're both still here in Japan. This of course would require proving our intent to return to Canada once he's approved, though perhaps the fact that my working holiday will expire in 8 months could be helpful here? I'm not sure if it complicates things if I'm technically a non-resident when we submit the application, but become a resident again part way through.

Thanks in advance for any input - this website is saving my sanity!!

 

[np08]

You say you won't be living with him the whole time in Japan, but how much of it? By the end of your visa you might be close to common law status already depending on it and might just need a couple of more months in Canada. Just make sure to keep proof of your time living together (utilities, lease agreements, etc showing your names and common address).

Regardless, once you do become common law and apply inland, the chance of getting the work permit is 100% provided you pay the correct fee, sign everything and fill out the form properly. It's not some lottery or heavy deliberation - if you apply for the work permit with your PR application, you'll get it provided everything is fine with the paperwork. You just have to have status while applying for the work permit.

If you took the marriage route, you can wait til you get to Canada to marry or marry in Japan, doesn't really make much difference though I guess marrying in Japan would complicate slightly because you'd have documents to translate and whatnot. But there's certainly no requirement to marry in Canada specifically. And additionally, no matter when and where you marry, you can apply inland or outland, depending on your preference.

 

[loeleo]

You say you won't be living with him the whole time in Japan, but how much of it? By the end of your visa you might be close to common law status already depending on it and might just need a couple of more months in Canada. Just make sure to keep proof of your time living together (utilities, lease agreements, etc showing your names and common address).

Regardless, once you do become common law and apply inland, the chance of getting the work permit is 100% provided you pay the correct fee, sign everything and fill out the form properly. It's not some lottery or heavy deliberation - if you apply for the work permit with your PR application, you'll get it provided everything is fine with the paperwork. You just have to have status while applying for the work permit.

If you took the marriage route, you can wait til you get to Canada to marry or marry in Japan, doesn't really make much difference though I guess marrying in Japan would complicate slightly because you'd have documents to translate and whatnot. But there's certainly no requirement to marry in Canada specifically. And additionally, no matter when and where you marry, you can apply inland or outland, depending on your preference.

Unfortunately our living arrangements are been less than conventional in Japan. No official leases to speak of yet.

One thing still confuses me about getting common-law... is there not any issue if he's a "visitor" in Canada but also has his name on a lease? It just seems contradictory to me that someone could be on a visitor visa but also be handing in proof of residing there. Also, if we are living in Canada together for a year in order to achieve common law status, is it ok for him to leave the country at all (temporarily of course) during that period? Say, if he had to return to Japan for some reason? Obviously I can see the risk of him randomly being denied entry upon return, but is there any plausible reasoning for that to happen, or some way that him temporarily leaving could nullify/interrupt our 365 days?

Thanks for all the info and clarity so far! It's especially helpful to know that he could obtain a work permit should we decide to go the inland route.

 

[np08]

Unfortunately our living arrangements are been less than conventional in Japan. No official leases to speak of yet.

One thing still confuses me about getting common-law... is there not any issue if he's a "visitor" in Canada but also has his name on a lease? It just seems contradictory to me that someone could be on a visitor visa but also be handing in proof of residing there. Also, if we are living in Canada together for a year in order to achieve common law status, is it ok for him to leave the country at all (temporarily of course) during that period? Say, if he had to return to Japan for some reason? Obviously I can see the risk of him randomly being denied entry upon return, but is there any plausible reasoning for that to happen, or some way that him temporarily leaving could nullify/interrupt our 365 days?

Thanks for all the info and clarity so far! It's especially helpful to know that he could obtain a work permit should we decide to go the inland route.

Yes, that's the tricky part about visitors and the fact there's a lot of things that usually can't do.

In most cases he won't be able to get added to a lease, but what you can do is ask your landlord to write you a letter confirming he's been living there since X time. That's the next best thing really, as it shows you tried to get a joint lease, but couldn't and yet still lived together.

Similarly, a lot of us visitors weren't able to open joint bank accounts as banks wouldn't let us do that without a SIN and the like, so instead you can make him a supplementary user with his own credit card tied to yours and that way you again show that, since you couldn't make a joint account, you at least still gave him access to your account and supported him that way and it was the best way you had to make something "joint" work.

With utilities, in our case at least, we couldn't make them joint either. However, there's the account holder (which we couldn't make joint), but there's also the address field that can be edited separately. Meaning, Jane Jones is the account holder that pays the bills, but in the address field you can put Jane and John Jones so that any bills and statements they send you are addressed to you both. Speaking of, if doing common law, opt out of paperless bills for the duration as you need mail and a paper trail for address proof.

As you can see, if you can't do the thing you wanna do, you're always looking for the next best thing basically. And make sure that any other service or thing he gets on his own also has your common address on it.

For common law, the idea is you shouldn't be separated for long stretches of time. But short departures (a week or two, let's say) should be okay. Still, keep it to a minimum.

There's always a risk of being denied entry - only citizens and permanent residents have a right to be let in. Everyone else, whether visitors or work/study permit holders can be denied entry if cbsa deems that necessary. The main risk for you is cbsa thinking he would overstay in Canada for whatever reason. However, they tend to be more relaxed with visa exempt visitors as well. Generally speaking you should be fine, but at the same time, don't risk anything if you really don't have to.

 

[kcward7]

Yes, that's the tricky part about visitors and the fact there's a lot of things that usually can't do.

In most cases he won't be able to get added to a lease, but what you can do is ask your landlord to write you a letter confirming he's been living there since X time. That's the next best thing really, as it shows you tried to get a joint lease, but couldn't and yet still lived together.

Similarly, a lot of us visitors weren't able to open joint bank accounts as banks wouldn't let us do that without a SIN and the like, so instead you can make him a supplementary user with his own credit card tied to yours and that way you again show that, since you couldn't make a joint account, you at least still gave him access to your account and supported him that way and it was the best way you had to make something "joint" work.

With utilities, in our case at least, we couldn't make them joint either. However, there's the account holder (which we couldn't make joint), but there's also the address field that can be edited separately. Meaning, Jane Jones is the account holder that pays the bills, but in the address field you can put Jane and John Jones so that any bills and statements they send you are addressed to you both. Speaking of, if doing common law, opt out of paperless bills for the duration as you need mail and a paper trail for address proof.

As you can see, if you can't do the thing you wanna do, you're always looking for the next best thing basically. And make sure that any other service or thing he gets on his own also has your common address on it.

For common law, the idea is you shouldn't be separated for long stretches of time. But short departures (a week or two, let's say) should be okay. Still, keep it to a minimum.

There's always a risk of being denied entry - only citizens and permanent residents have a right to be let in. Everyone else, whether visitors or work/study permit holders can be denied entry if cbsa deems that necessary. The main risk for you is cbsa thinking he would overstay in Canada for whatever reason. However, they tend to be more relaxed with visa exempt visitors as well. Generally speaking you should be fine, but at the same time, don't risk anything if you really don't have to.

I added my visitor husband to lease, we opened a joint bank account, added to utilities.

 

[np08]

I added my visitor husband to lease, we opened a joint bank account, added to utilities.

Yeah, there was another thread the other day where most of us couldn't do anything as visitors and then some could. It seems at least some part of it is based on luck, lol.

So basically, my advice is for people who try and can't do the main stuff. Some alternatives.