Princesstigger

Hi,
Sorry if this has been covered elsewhere. I am currently in Canada on a visitor visa (British citizen). I'm looking for a job but living with my partner whilst I'm here. Does the time that we have spent living together, while I'm here as a visitor count towards the 12 months that we need to qualify as common law? We've been together nearly two years with me going back and forwards to England, but since taking redundancy from work, I'm free to stay here and look for a job (I know I'm not allowed to work without a LMO and work permit)
Thanks for any advice gratefully received.

orly

Yes

Siouxie

Yes, provided it has been continuous.

Princesstigger

That's great! I'll have to leave once my six months visitors expires to go back to the uk to come back again, either as a visitor for another six months or (hopefully) to enter on a work permit. But at least we've started the clock on the common law qualification.

Siouxie

Why do you need to leave? You can apply to extend your visitor status either by mail or online - and whilst it is being processed (and until you get a decision) you will be on implied status, provided you don't leave the country.

Additionally, by leaving you 'break' your common law status, unless it is for a very brief period. The requirement is 'continuously' living together for a period of at least 12 months.

If you need to remain on 'implied status' for as long as possible (to enable you to meet the common-law 12 month requirement) I would suggest you make an application by mail - current processing times (working days) is 97 days. http://www.cic.gc.ca/english/information/times/temp.asp

This is the form to use (either submitted online or by mail):

http://www.cic.gc.ca/english/informa...ns/visitor.asp



(I have moved your post to the Canada Immigration forum as it is immigration related)

Aviator

The 12 month clock starts again when you come back, unless it is a very short break that could have been a vacation. Cohabitation needs to be continuous.

Princesstigger

Thank you so much for all your help and advise.
I would only plan to leave for approx a week... Is that classed as brief? I understand that I am not able to go from a visitor to a work permit from inside Canada, I have to leave and and re enter and the quickest way to get my work permit, once I have a job offer and LMO is at the border? If I'm not in that position I will definitely look at the implied status and apply for an extension online.

Siouxie

You would probably be ok with 1 week, however, what if you get refused entry?

You can go to the border and do a trip around the flagpole to get a TWP, if you are successful in gaining a job offer with LMO approval.

Princesstigger

Thank you, that was an option I was thinking of, the around the flagpole as we are pretty close to the border! This helps me make a more solid plan of action!

Princesstigger

Well, I applied and was successful in getting an extension for another 6 months to my visitors visa. I applied online and the process was fairly simple really. Thank you for all the advice.

Just job hunting again, as having been offered a job in Nov, a Canadian candidate was found at the last minute and I'm back to square one.

Oh well

SchnookoLoly

Ah sorry to hear the job offer fell through! How much longer until you qualify as common-law? I assume as well that you have been collecting evidence of your common-law relationship - joint lease, joint bank accounts, etc - as much as you can showing combined affairs and a marriage-like relationship.

Princesstigger

Yes, it really sucks. I'm pretty stressed right now I have to say, as I'm sure many people on this forum can relate to.

We have been living together since June 2013, so not too long before we qualify as common law in the big scale of things. We don't have joint statements dating back to June 2013 as we only recently set things up. I'm hoping this won't be a set back...

We have lots of friends and family who are more than willing to confirm our relationship is genuine, many of whom are lawyers and police officers so I'm hoping this holds some weight.

My Canadian bank account will also show the regular withdrawal I've made to pay for joint bills.

christmasoompa

You'll need to prove you've lived as 'husband and wife', and combined your affairs for the year prior to applying. If you didn't have a joint bank account until recently that's not ideal, but as long as you've got other proof of living in a marriage like relationship (both names on utility bills, joint insurances, wills naming each other as beneficiaries etc), then you should be ok.

A regular withdrawal from a bank account to pay bills won't help - in fact, I'd say it's a hindrance, as that implies more of a 'landlord' and 'tenant', or housemates relationship and shows that you didn't combine your affairs for that time! So I'd leave that out and just make sure you've got lots of other stuff.

The letters from friends are great to add to that, but you'll need all of the official proof of combining your affairs too.

Good luck, and hope the job hunting comes good soon.

SchnookoLoly

To add to what christmasoompa said, it's not as simple as just "live together for a year" - it's "live together as though you were in a married relationship for a year" - basically, married but without the certificate. Has your boyfriend added you as a dependent on any of his medical benefits at work? Are you listed as his next of kin on anything? Are you the beneficiary of his life insurance? It's those kinds of things that elevate the relationship from roommates to "combined affairs". So think about it really critically - anecdotal evidence from friends helps, but it's not "official" evidence. YOu need more official stuff.

HTH.

Princesstigger

Thank you so much for all your helpful advice.

I have medical insurance that I've had since July and he's named as the beneficiary on that. Unfortunately he doesn't get medical cover from work, so there isn't anything for me to be named on.

I'll be more focussed on getting as much official evidence as we can, to prove that we are living as a 'married' couple minus the certificate.

I'll look into getting a will done too, good idea anyway.

Thanks