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USA visitor sponsorship questions

kingmingrey

Newbie
Jul 31, 2018
7
0
Question 1
I am a USA citizen who wants to get PR in Canada through sponsorship via my girlfriend. She is a Canadian citizen who lives and works in QC. I am confused which application to apply for. Here is my situation:
-My official address is in USA
-We have been living together for more than 2 years. I am a cosigner on our apartment's lease
-I travel to Canada as a visitor and stay no longer than 6 months at a time
-I do not have a Temporary residency or Visa (study, work)

Do I apply under spouse/common law partner or conjugal partner?

Question 2
My girlfriend is a Teacher and during the summer she receives unemployment. Unemployment stops at the start of the school year. The website says you can not be a sponsor if you receive social assistance. Is this considered social assistance? Should she stop or cancel her request for unemployment?
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Question 1
I am a USA citizen who wants to get PR in Canada through sponsorship via my girlfriend. She is a Canadian citizen who lives and works in QC. I am confused which application to apply for. Here is my situation:
-My official address is in USA
-We have been living together for more than 2 years. I am a cosigner on our apartment's lease
-I travel to Canada as a visitor and stay no longer than 6 months at a time
-I do not have a Temporary residency or Visa (study, work)

Do I apply under spouse/common law partner or conjugal partner?

Question 2
My girlfriend is a Teacher and during the summer she receives unemployment. Unemployment stops at the start of the school year. The website says you can not be a sponsor if you receive social assistance. Is this considered social assistance? Should she stop or cancel her request for unemployment?
1. Zero chance of conjugal. Have you actually lived together continuously for one year?

2. EI is not welfare.
 

canuck78

VIP Member
Jun 18, 2017
53,060
12,802
You didn't have to leave every 6 months you could have applied for an extension because you were trying to become common law.
 

kingmingrey

Newbie
Jul 31, 2018
7
0
1. Zero chance of conjugal. Have you actually lived together continuously for one year?
What I have done is live together in blocks of just under 6 months then I leave Canada. I do travel for work. I have not spent a straight year waking up with her everyday.
 

Elanigana

Hero Member
Nov 22, 2016
208
41
Category........
FAM
App. Filed.......
05-02-2018
Okay. So, you cannot apply yet. First things first, you need to come to Canada and stay for a year. To do that you need to apply for a visitor extension after 6 months of staying here. You can request a years extension for “common law” and you’ll most likely be approved. After a year- you can apply as common-law and request to stay in Canada during the length of your application.

Make sure your name is on things in Canada for proofs you’ve been living here.
 

scylla

VIP Member
Jun 8, 2010
93,292
20,699
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What I have done is live together in blocks of just under 6 months then I leave Canada. I do travel for work. I have not spent a straight year waking up with her everyday.
You may not be common law in that case. How long have your breaks been? More than 2-3 weeks?
 

scylla

VIP Member
Jun 8, 2010
93,292
20,699
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
yes more than 2-3 weeks
Unfortunately those breaks are too significant and IRCC will say this represents a break in the continuous cohabitation requirement that's needed to be classified as common law. At this point you have two choices. The first is to get married and apply as a married couple. The second is to leave for a full year together continuously - keeping any breaks minimal and short (less than two weeks). As of now, you don't meet the requirements to be sponsored for PR.
 

kingmingrey

Newbie
Jul 31, 2018
7
0
After reviewing the time I spent in and outside Canada over the last 2 years, there has been a continuous 12 month block where I was never outside Canada for more than 2 weeks at a time (specifically July 1st 2016 - July 1st 2017). Would this qualify me as common law?
 

KBH

Champion Member
Sep 13, 2017
1,454
763
Toronto, ON
Category........
FAM
Visa Office......
Mississauga
App. Filed.......
August 2nd, 2017
AOR Received.
September 22nd, 2017
File Transfer...
October 7th, 2017
Passport Req..
December 29th, 2017
VISA ISSUED...
January 23rd, 2018
LANDED..........
Feb 1st, 2018
After reviewing the time I spent in and outside Canada over the last 2 years, there has been a continuous 12 month block where I was never outside Canada for more than 2 weeks at a time (specifically July 1st 2016 - July 1st 2017). Would this qualify me as common law?
How many trips away did you make during that time?

Do you have sufficient documentation (lease, IDs, bank statements, bills, etc) to prove you shared an address during that specific time period?