US citizens Partners - Need help to stay together.

[JDL]

My boyfriend recently got accepted for a PhD program in York University and we are confused in how we can stay together.
We have been together for over 1.5 years and living together over 1 year.
We are both US citizens. We did research and even going to a Canadian Consulate Office in San Francisco but our questions were never answered and actually brought up more questions. So we are hoping that someone in here could offer some help and shed some light with our situation so that he and I can stay together.
Any help with this particular situation would be greatly appreciated.

Here are our questions:
1) Can we apply for common law when we cross the Canadian border or is this something we need to do before crossing the border?
2) If we can apply for common law at the border will we be able to know right away if it is approved or not?
3) If our application for common law is approved what do I get with this? a temporary visa? an open work permit? and how long do they last?
4) What types of proof can we use to prove our relationship? And would having these documents/letters notarized in the US be helpful?
5) If I don't get a visa through common law do I need to apply separately for temporary visa to stay and live in Canada if I plan to stay and live with boyfriend for the duration of his PhD program?
6) If I do need to apply for that visa do I need to continuously extend my stay every six months? and is that even possible?

We certainly have more questions but these are the main one we have. My boyfriend is pretty much set with acceptance letter from the university so the concern is my status.
Again if there is anyone out there that can shed light into this it would be greatly appreciated.

-JDL

 

[Leon]

1) Yes, you can self-declare common law union using this form: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.pdf

2) Yes, you can ask for an open work permit based on his work permit. Bring your $150 for the fee. You get the work permit right away.

3) Your work permit would last as long as his study permit.

4) Proof of having lived at the same address. Evidence of a joint bank account if you have one, joint utilities etc.

5) and 6) You do get a visa based on common law

 

[JDL]

Thank you so much for your feedback..
The application you provided for common law, is that something we fill out at the border or do we fill out
beforehand. Just looking at the application I see that section 5 requires a signature of Commissioner of Oaths,
not sure who signs that.

Also what is the $150.00 fee for again? and is that requested as a check, cash, credit?

Again thanks so much for your help

 

[Leon]

According to http://wiki.answers.com/Q/What_is_Commissioner_of_oaths a commissioner of oaths in Canada is similar to what you may know as a notary public in the US. They can look at your ID as you sign the form and verify your signatures.

The $150 fee is the fee for processing of your work permit. I am sure your partner paid some processing fees for his permit as well. You should bring cash in Canadian $. I am sure you can buy Canadian $ at your bank.

 

[JDL]

Thank you so much for the information you shared. It has really helped us.

One last inquiry.. I heard that the application approval is dependent on the immigration employee handling our application, especially for the common law application. I'm somewhat scared that our application won't be approved.. I know I'm thinking the worst.. I mean we do have documents but still.. So I guess my question would be what do I do if it is not approved? Do I stay in Canada as a visitor for six months, leave, and reapply or apply again while in Canada? Any info for worst case scenario would be appreciated.

Thanks you

 

[Leon]

You can apply again from within Canada. However, I think it is unlikely that they would refuse.