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Advice around Common law sponsorship please

Advice around Common law sponsorship please

Old Aug 18th 2013, 3:57 am
  #1  
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Default Advice around Common law sponsorship please

I have been boycotting another thread so thought it was more appropriate to start my own...

So... my 20 year old son who has PR and lives in Toronto wants to sponsor his girlfriend who is currently living with him on a visitors visa following the end of her IEC in May. She applied for a second year IEC but I genuinely believe they messed up the app which is why she was turned down rather than a skeleton in her cupboard...
She remained in Canada on a visitors visa after the end of the IEC but she needs to leave Canada by Nov to satisfy the 6 months...

I'm getting very confused about their options...

1. they get married which is a huge no no to me and I'm sure they are not too keen on doing it either considering their age

2. he sponsors her as common law but then if she goes back to the uk in nov they won't be living together so that doesn't seem to work - unless can she go on vacation? or does that not work as she has no status in Canada?

3. apparently according to Former Lancastrian IEC rules have changed and she might be eligible for another IEC although she has been out of the UK for over 18 months...

Please could somebody shed some light? What seemed like an easy situation is turning into something very confusing... I have read the wiki but it doesn't help.
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Old Aug 18th 2013, 6:42 am
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Default Re: Advice around Common law sponsorship please

Originally Posted by DandNHill
I have been boycotting another thread so thought it was more appropriate to start my own...

So... my 20 year old son who has PR and lives in Toronto wants to sponsor his girlfriend who is currently living with him on a visitors visa following the end of her IEC in May. She applied for a second year IEC but I genuinely believe they messed up the app which is why she was turned down rather than a skeleton in her cupboard...
She remained in Canada on a visitors visa after the end of the IEC but she needs to leave Canada by Nov to satisfy the 6 months...

I'm getting very confused about their options...

1. they get married which is a huge no no to me and I'm sure they are not too keen on doing it either considering their age

2. he sponsors her as common law but then if she goes back to the uk in nov they won't be living together so that doesn't seem to work - unless can she go on vacation? or does that not work as she has no status in Canada?

3. apparently according to Former Lancastrian IEC rules have changed and she might be eligible for another IEC although she has been out of the UK for over 18 months...

Please could somebody shed some light? What seemed like an easy situation is turning into something very confusing... I have read the wiki but it doesn't help.
Common law is supposed to be a marriage like relationship, not an on/off type of thing for immigration. As far as property and children (if any) are concerned the law as far as dissolution is concerned are the same I believe. You just don't have to do the divorce bit.

If they are serious enough to be be common law, what is the issue with marriage if they want to be together and she wants to live in Canada? If it is not that serious, let it take it course, get another IEC and they spend more time together, if she doesn't, move on to pastures new.
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Old Aug 18th 2013, 10:02 am
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Default Re: Advice around Common law sponsorship please

If they're applying as common-law, then no, she can't go back to the UK unless it's for a brief visit and specific reason. Couldn't she just extend her visitor visa if she wants to stay until she gets PR?

But yes, the residency requirements for IEC have changed (you can easily check it yourself on the website if in doubt, it's very specific) so she could get a 2nd IEC.
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Old Aug 18th 2013, 1:32 pm
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Default Re: Advice around Common law sponsorship please

Provided they've lived together over a year I'd get the application, medical and police checks sorted and sent in as soon as possible.

She will likely have little issue getting another visitor visa around November if there is proof they have an immigration application (as a family class) sent in. I have heard of people getting 12 months instead of the usual 6.

I suspect she'll be eligible for another IEC visa but it's hard to know the residency requirements. In any event she could apply and see what they say. From memory it's not expensive to apply. If the PR application is fairly simple (sounds like there aren't kids, criminal records or such like involved) she might be processed and done not long after the IEC visa is issued.

The other option is to basically sit as a tourist the whole time.

Whatever way you cut it, it'll be a lot of time spent being carried on your sons income.
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