Common law partnership
Apr 11th 2018, 12:32 am
#16
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Re: Common law partnership
A holiday together is no issue at all and will still count as common-law time. But you would definitely be better off applying for PR before you go, remember that you can be refused entry as a visitor at any time, and that's far more likely if you have no ties to the UK and are effectively 'living' in Canada without a visa allowing you to do so.
However, once you've applied for PR and got sponsor approval, you can enter Canada under 'dual intent', meaning you can stay there until you get PR and won't be subject to the same scrutiny when you enter. See the Wiki for full info on dual intent.
HTH, good luck.
However, once you've applied for PR and got sponsor approval, you can enter Canada under 'dual intent', meaning you can stay there until you get PR and won't be subject to the same scrutiny when you enter. See the Wiki for full info on dual intent.
HTH, good luck.
Thanks for the info. But the application I was referring to in my question was the application to extend my stay as a visitor. As discussed earlier in the thread I will wait until we have a good solid year cohabiting without any breaks before applying, which means extending my stay as a visitor. However when me and my gf go to visit my family back in the UK for a few weeks would this cancel out the need for me to extend my stay as a visitor as I would have left and re entered Canada or would it be better to apply for the extension to my visitor status regardless of this?
Once we have the solid year together cohabiting then i'll be putting in my PR application. I'm just double checking these things as I really don't want to mess this up and I guess I have a force of habit to do everything by the book and double check everything before taking action.
Apr 11th 2018, 7:43 am
#17
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Re: Common law partnership
Thanks for the info. But the application I was referring to in my question was the application to extend my stay as a visitor. As discussed earlier in the thread I will wait until we have a good solid year cohabiting without any breaks before applying, which means extending my stay as a visitor. However when me and my gf go to visit my family back in the UK for a few weeks would this cancel out the need for me to extend my stay as a visitor as I would have left and re entered Canada or would it be better to apply for the extension to my visitor status regardless of this?
Once we have the solid year together cohabiting then i'll be putting in my PR application. I'm just double checking these things as I really don't want to mess this up and I guess I have a force of habit to do everything by the book and double check everything before taking action.
Once we have the solid year together cohabiting then i'll be putting in my PR application. I'm just double checking these things as I really don't want to mess this up and I guess I have a force of habit to do everything by the book and double check everything before taking action.
You just need to be aware that you may look to the immi officer as though you are trying to live in Canada without a visa allowing you to do so when you return, particularly as you won't have any ties to the UK (presumably) and won't have spent long out of Canada before asking to return as a visitor. Unfortunately, planning to apply for PR doesn't allow you any rights to stay as a visitor, only those who have actually applied for PR get 'dual intent' entry. But if you take proof of everything including funds, your insurance etc, then hopefully you'll get an understanding immi officer.
Good luck.
Apr 11th 2018, 9:10 pm
#18
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Re: Common law partnership
Ah, I didn't realise you didn't have the year required to apply now - you mentioned having lived together for a year in your first post, so I thought you qualified as common-law.
You just need to be aware that you may look to the immi officer as though you are trying to live in Canada without a visa allowing you to do so when you return, particularly as you won't have any ties to the UK (presumably) and won't have spent long out of Canada before asking to return as a visitor. Unfortunately, planning to apply for PR doesn't allow you any rights to stay as a visitor, only those who have actually applied for PR get 'dual intent' entry. But if you take proof of everything including funds, your insurance etc, then hopefully you'll get an understanding immi officer.
Good luck.
You just need to be aware that you may look to the immi officer as though you are trying to live in Canada without a visa allowing you to do so when you return, particularly as you won't have any ties to the UK (presumably) and won't have spent long out of Canada before asking to return as a visitor. Unfortunately, planning to apply for PR doesn't allow you any rights to stay as a visitor, only those who have actually applied for PR get 'dual intent' entry. But if you take proof of everything including funds, your insurance etc, then hopefully you'll get an understanding immi officer.
Good luck.
Yeah that is definitely one to think about, how to see it from immigration's perspective. When you say ties to the UK could you explain more specifically what that means or includes? I've seen this being said around the forum but always wondered what it actually includes. Thanks for the heads up as well.
Apr 13th 2018, 3:41 am
#19
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Re: Common law partnership
Yeah it's complicated because we have been living together over a year now, we have shared finances and bank accounts etc but because we've had breaks of cohabiting, in one case it was two months apart due to work, I'm not sure whether Immigration would allow that. To which under the advice of Former Lancastrian I should probably play it safe and have a good solid year together with no breaks at all. It is all a bit complicated.
Yeah that is definitely one to think about, how to see it from immigration's perspective. When you say ties to the UK could you explain more specifically what that means or includes? I've seen this being said around the forum but always wondered what it actually includes. Thanks for the heads up as well.
Yeah that is definitely one to think about, how to see it from immigration's perspective. When you say ties to the UK could you explain more specifically what that means or includes? I've seen this being said around the forum but always wondered what it actually includes. Thanks for the heads up as well.
This bit:
such as the fact that she had limited or no ties to her declared country of residence, the US. Indeed, the applicant had no employment since January 2016 and had no declared home or residence in Georgia where she had previously lived. Furthermore, the applicant had limited funds to support her and was mainly financially supported by her fiancé. Upon questioning, the applicant revealed that she had sold her vehicle and what little possessions she had left in Georgia were stored at a friend’s house. The applicant indicated that her fiancé was living in Montreal at their common address and that she was looking forward to live with him. The evidence also showed that in 2016 the applicant had been away from Georgia, as she was in Canada for 6 months and in Mexico for the rest of the time. Finally, the applicant had no return ticket back to the US, which led the officer to believe that she had no compelling reason to return to the US, but was rather intending to stay in Canada with her fiancé. The officer also considered the statements made by her fiancé, who confirmed that the applicant was living in Montreal with him, and that she had no residence and no current employment in the US. The applicant’s fiancé also stated that she intended to stay in Canada with him, and that she was only returning to the US for short family visits.
So ties to the home country would include a job - or attending college/uni; a home; family; return ticket and anything else that would "be an incentive to return".
Last edited by Siouxie; Apr 13th 2018 at 3:50 am.
Apr 13th 2018, 9:03 am
#20
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Re: Common law partnership
Roger that, thanks for the link and extract Siouxie. I'm still trying to figure my way around this forum and I'm forever finding more and more information that could have answered these questions I have haha.
