Common law sponsorship

Old Oct 29th 2014, 8:59 am
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Default Common law sponsorship

Hi,

I have just currently moved back to Canada ( I am a Canadian citizen) and my boyfriend is British and is still in Northern Ireland. We are in the process of filling out commonlaw sponsorship forms so that my boyfriend can come to Canada. We have been together since March 2012 and lived with each other for a long period of time of a year and 7 months (March 2013 til October 2014). My question is how much of time apart does your commonlaw status become defective? Cause I don't want to fill out all the forms and they not consider us commonlaw anymore
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Old Oct 29th 2014, 12:08 pm
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Default Re: Common law sponsorship

Originally Posted by saraandadam2011
Hi,

I have just currently moved back to Canada ( I am a Canadian citizen) and my boyfriend is British and is still in Northern Ireland. We are in the process of filling out commonlaw sponsorship forms so that my boyfriend can come to Canada. We have been together since March 2012 and lived with each other for a long period of time of a year and 7 months (March 2013 til October 2014). My question is how much of time apart does your commonlaw status become defective? Cause I don't want to fill out all the forms and they not consider us commonlaw anymore
This should be moved to the immigration and citizenship section.
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Old Oct 29th 2014, 12:15 pm
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Default Re: Common law sponsorship

Originally Posted by saraandadam2011
Hi,

I have just currently moved back to Canada ( I am a Canadian citizen) and my boyfriend is British and is still in Northern Ireland. We are in the process of filling out commonlaw sponsorship forms so that my boyfriend can come to Canada. We have been together since March 2012 and lived with each other for a long period of time of a year and 7 months (March 2013 til October 2014). My question is how much of time apart does your commonlaw status become defective? Cause I don't want to fill out all the forms and they not consider us commonlaw anymore
Beyond a couple of weeks it is becoming riskier. Common law is living together uninterrupted, so more than a short vacation could well break it. It may be worth him looking at IEC and reestablishing common law when here.
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Old Oct 29th 2014, 1:51 pm
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Default Re: Common law sponsorship

What is IEC?
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Old Oct 29th 2014, 1:55 pm
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Default Re: Common law sponsorship

If he was to get a job offer from a business or company would that work in some way?
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Old Oct 29th 2014, 2:42 pm
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Default Re: Common law sponsorship

Originally Posted by saraandadam2011
If he was to get a job offer from a business or company would that work in some way?
Only if the business was unable to hire a Canadian to do the job. They would have to try and hire a Canadian first and prove they could not and pay the $1000 to hire a foreign worker.

Why not just get married? Common law is a husband wife like relationship and the law of property applies the same to common law as marital.
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Old Oct 29th 2014, 10:46 pm
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Default Re: Common law sponsorship

I think we are considering marriage now. if he came over on a working holiday visa, we got married during his time here and then we applied for marriage sponsorship that would work for us wouldn't it?
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Old Oct 30th 2014, 3:10 am
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Default Re: Common law sponsorship

There's no hard and fast cutoff for the point at which common-law ceases. CIC's handbook says that once the 12 month status has been reached, the couple can be apart for brief periods of time without it affecting their status, but they don't define 'brief'. The general rule of thumb is two weeks, though of course not guaranteed.

In my opinion, it's not worth risking having an application rejected. Your case I'd say is more risky because you have actually MOVED back to Canada and you are actually LIVING in different countries, as opposed to one person just going away temporarily, which is easier to justify. But you've actually moved, so yours is much tougher. Unless your boyfriend can get to Canada in the next few days, I would be hesitant to pursue a common-law application for sponsorship.

If you are planning on getting married, then wait until you get married and then apply as a married couple. As has been mentioned, your boyfriend can look into the IEC visa, which is Canada's working holiday visa program. The program will be opening this coming December, but spaces go very quickly - like, a matter of minutes quickly. So you need to have your application ready to go. The IEC visa will give him one year to live and work in Canada. That at least gets him to Canada, and you can then apply as common-law once you have re-established 12 months of living together.

Go find the Wiki articles on this site about both IEC and about common-law and family class applications, they will give you more information and then you can make a game plan from there.
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Old Oct 30th 2014, 3:32 am
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Default Re: Common law sponsorship

Thank you very much for the information. So if he has is application ready for before December will they release a date and time for when the program opens so that he can send is application in?
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Old Oct 30th 2014, 3:40 am
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Default Re: Common law sponsorship

I believe that's how it works, yes. It's done online, last year the applications filled up exceptionally quickly. There are tons of threads and info on here about IEC. Some parts of it need lead time, like the police check, so worth getting all that prepared.
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Old Oct 30th 2014, 3:51 am
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Default Re: Common law sponsorship

Originally Posted by saraandadam2011
Thank you very much for the information. So if he has is application ready for before December will they release a date and time for when the program opens so that he can send is application in?
You do it online. He would have to open a Kompass account, which cannot be done until the IEC is open for the coming year, then file the application. They go quickly so he would need to have everything ready as soon as it opens. The first round for this year was filled in something like 30 minutes of the application process opening.
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Old Oct 30th 2014, 3:59 am
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Default Re: Common law sponsorship

So the IEC would need to be open for 2015 then?
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Old Oct 30th 2014, 5:40 am
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Default Re: Common law sponsorship

Originally Posted by saraandadam2011
So the IEC would need to be open for 2015 then?
Somewhere around mid-December this year is the first round. All he can do right now is research what is needed, gather documents and sit by the computer when the process opens for the 2015 permit.
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Old Oct 30th 2014, 5:41 am
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Default Re: Common law sponsorship

Originally Posted by saraandadam2011
So the IEC would need to be open for 2015 then?
Yes.

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Old Oct 30th 2014, 7:35 am
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Default Re: Common law sponsorship

If you are already back in Canada and he is in Europe, it would be a lot easier to find a Canadian boyfriend. Why make life difficult!
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