honeymuffin

Hi there!

I moved to Canada on the IEC program, met a girl over a year ago (Canadian), and we wish to stay together in Canada. We are in the process of preparing a PR application (common-law partner sponsorship, inland). My IEC period is about to expire, and I have applied to extend my stay as a visitor.

In order for me to be able to work, we wish to apply as soon as possible. We are very happy together, but don`t want to get married just for the case of the application.

Our process of moving in together was a bit uncommon for the first 4 months, as we did not have our minds set on gathering proof for a sponsorship application at the time. It started with us spending time at each other's places so much that we found out we don't really need two apartments. As our then separate apartments were really close to each other, we decided for to list both our places on Airbnb for periods in order to cover expenses, and stay at the place that was not rented out. We were basically living together, but not on the same address "on paper". We can get friends and family to confirm this, and this would make it possible for us to apply four-five months earlier. Eventually, we gave up one place and had the same address, joint accounts, etc.

We had a consultation with an immigration lawyer, who said we can apply counting from as soon as we spent more nights together than not, and became an exclusive couple in public. The lack of joint addresses can be made up for with other evidence, such as messages, statements from friends, photos, etc.

I would really appreciate advice regarding proof of length of time living together, and whether we are safe to apply based on the info written above.

Thank you!

Former Lancastrian

Read sections 5.34 to 5.37 on pages 26 & 27 of this CIC manual to see what they say about common law relationships
http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

SchnookoLoly

Tons of info about the proof required for common-law applications in the FAQ (linked in my signature) and also in the wiki article on spousal sponsorship.

My opinion is you should wait to apply until you have one year of solid information and proof, it'll make the process more smooth and easier to prove. But that's just me.

honeymuffin

Thank you both for the info, that was clarifying! If we apply but get denied because of lack of proof and we appeal; will we be considered at the time of appeal with our status at that time? we will obviously have lived together "with proof" for longer than a year by then. Maybe even married. Hope anybody have any insights on that process.

christmasoompa

No, your appeal would be based on the original application. I would personally agree with Schnooks, I'd wait until you've got the full year of paperwork before applying, if you apply and get refused, you risk losing quite a bit in fees and time.

FWIW, I also disagree with the immigration lawyer you spoke to who said you became common-law ' from as soon as we spent more nights together than not, and became an exclusive couple in public' - neither of those things have anything to do with being common-law spouses, and would have no bearing whatsoever on an application. All CIC want to see is that you are living as husband and wife and have 'combined your affairs' i.e. your finances and lives.

Best of luck.

SchnookoLoly

And just adding onto what Oompa said, appeals take over a year to be heard; by the time you were heard you probably could have just reapplied and been approved with an adequate paper trail.

So yeah, just wait until you have a year, and in your application state you started living together on x date, but only have proof from y date. It's totally fine (and honest!) to say that.

Hope that helps!!

honeymuffin

Yes, that was clarifying. Thanks a lot, everybody!