Visa Question: Can I apply for common-law visa in Canada? (both non Canadians)

[bonnie0621]

Hi,

My boyfriend got a full-time job in Canada and he will move there in November.
However, we have been together around 6 months, which means we can not declare ourselves as the common-law yet.
I have applied for a school there and got accepted - I will move to Canada in Sep earlier than him.

We have been living together (contractually) more than 6 months and it will be a year when he moves to Canada.

I will be still holding a valid student visa and a year work permit after the study but I would like to know if I will be valid to stay in Canada with his visa once we declare the common-law relationship there.

We both are Europeans by the way.

Thank you!

 

[scylla]

Yes - it will be valid for you to remain in Canada - claiming common law will have no impact on this.

 

[Ponga]

Yes, but it wouldn't allow you to apply for PR.


One of you would need to be approved for Permanent Residency (somehow) and would include the other in the application.

 

[Ponga]

Just realized that if you leave in September after only having lived together for ~10 months, and he joins you in Canada two months later...you'll have to start the one-year clock all over again when the two of you re-connect in Canada. Being even one day short of 365 BEFORE you reach Common-Law status, is a deal breaker, in terms of CIC.

It's a moot point, since you can't apply for PR anyway, even if you were Common-Law when you arrive.

Good luck!