Common Law Sponsorship.

Old May 18th 2015, 5:52 am
  #1  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 21
Redgamble is an unknown quantity at this point
Default Common Law Sponsorship.

Right guys. This may seem a bit complex (or not), but I could do with a couple of outside opinions on this.

My other half is a Canadian citizen who has been living here in the UK with me since August 2014. We have been together for just over two and a half years, but have only been officially living with each other since she came here. We are well aware of the whole having to live together for 12 months to be able to progress the Common Law sponsorship.

Now my girlfriend needs to go back to Canada as she is starting University in September, and we are going to be in Canada throughout the summer as its my dads 50th, and its just so much nicer to be there then here.

Obviously it would be pretty nice to put in the application as inland, as they are doing OWP while you wait, but would I be able to do that? Or would I have to leave the country? And if I do leave the country, wont that hurt my application as we wont be living together?

Is there any harm in putting in the application a couple of months short of the 12 months we have been living together? Or will it be a waste of time?

Any input would be great and appreciated.
Redgamble is offline  
Old May 18th 2015, 6:49 am
  #2  
 
Joined: Sep 2008
Posts: 12,830
Aviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond reputeAviator has a reputation beyond repute
Default Re: Common Law Sponsorship.

Originally Posted by Redgamble
And if I do leave the country, wont that hurt my application as we wont be living together?

Is there any harm in putting in the application a couple of months short of the 12 months we have been living together? Or will it be a waste of time?
It will, if you are apart for more than a few days, it will reset the clock and you will start the 12 months all over.

You cannot apply for sponsorship before 12 months as 12 months is a requirement you won't have met.
Aviator is offline  
Old May 19th 2015, 1:12 am
  #3  
Concierge
 
SchnookoLoly's Avatar
 
Joined: Jun 2011
Location: Oakville, ON, CA
Posts: 8,320
SchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond repute
Default Re: Common Law Sponsorship.



I'll answer your questions in chunks... but basically Aviator has hit the nail right on.

Originally Posted by Redgamble
Right guys. This may seem a bit complex (or not), but I could do with a couple of outside opinions on this.

My other half is a Canadian citizen who has been living here in the UK with me since August 2014. We have been together for just over two and a half years, but have only been officially living with each other since she came here. We are well aware of the whole having to live together for 12 months to be able to progress the Common Law sponsorship.

Now my girlfriend needs to go back to Canada as she is starting University in September, and we are going to be in Canada throughout the summer as its my dads 50th, and its just so much nicer to be there then here.

Obviously it would be pretty nice to put in the application as inland, as they are doing OWP while you wait, but would I be able to do that? Or would I have to leave the country? And if I do leave the country, wont that hurt my application as we wont be living together?
If you want to lodge an inland application, then you simply need to be inside Canada and meet the application criteria, so you can go as a visitor, and send your application in. That will get you an OWP about 4-5 months after CIC receives your application. You'll have to remain in Canada as a visitor during that time, and it is strongly recommend you do NOT leave Canada until you have your OWP in hand.

Is there any harm in putting in the application a couple of months short of the 12 months we have been living together? Or will it be a waste of time?

Any input would be great and appreciated.
Yes, there is harm -- your application will be rejected. If you have not been living together for 12 continuous and unbroken months, then you do not qualify as common-law partners and therefore you cannot be considered a member of the family class. Once you hit 12 months THEN you can apply.

So if you went back to Canada with your girlfriend in September, then you could apply as common-law partners.

Keep in mind that while you do get an OWP with an inland application, it will still take over 2 years for you to get full PR, whereas if you applied outland you will likely have PR in under one year (see the spreadsheet and the FAQ linked in my signature). There are pros and cons to both inland and outland applications, so it's worth informing yourself and choosing your path that way. If you apply outland, you can go back to the UK after you have filed your sponsorship papers (yes you can apply outland from within Canada) and continue to work, of course it means you'll be separated, but as I said, pros and cons to both options.

Good luck!
SchnookoLoly is offline  
Old May 19th 2015, 3:00 am
  #4  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 21
Redgamble is an unknown quantity at this point
Default Re: Common Law Sponsorship.

I did gather as much in regards to us being apart. So thanks for clarifying.

We have sat down and talked about what route to take, inland or Outland. And as you say, there are pros and cons to both. I have no issues with how long it takes inland wise, especially as they issue OWP while you wait now. And I feel like this is probably the best route for us to take. I just wasn't sure if I could apply inland if I'm just there as a visitor.

It's a pain, because we have technically been living together for way over a year, but we were staying at her moms place, therefore have no bills, or anything to prove this as we just gave her mom rent money as such. Otherwise we could have started this whole process near on 6 months ago. Oh well. What can happen do.
Redgamble is offline  
Old May 19th 2015, 3:04 am
  #5  
Concierge
 
SchnookoLoly's Avatar
 
Joined: Jun 2011
Location: Oakville, ON, CA
Posts: 8,320
SchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond repute
Default Re: Common Law Sponsorship.

Originally Posted by Redgamble
I did gather as much in regards to us being apart. So thanks for clarifying.

We have sat down and talked about what route to take, inland or Outland. And as you say, there are pros and cons to both. I have no issues with how long it takes inland wise, especially as they issue OWP while you wait now. And I feel like this is probably the best route for us to take. I just wasn't sure if I could apply inland if I'm just there as a visitor.

It's a pain, because we have technically been living together for way over a year, but we were staying at her moms place, therefore have no bills, or anything to prove this as we just gave her mom rent money as such. Otherwise we could have started this whole process near on 6 months ago. Oh well. What can happen do.
Hmmmmm that changes things a bit. If you can prove you were living together at her mom's place then you can apply now. Your rent payments are a good start. Do you have things like letters addressed to the both of you living there? Did you set that address with your general accounts like your bank and your cell/mobile phone? Was that your registered address at your employer? And so on and so forth. You can also get her mother to write a letter (bonus points for having it notarized) that says that you lived there from x to y, paid $z in rent, etc. CIC generally knows that if you are living with a parent you will have less of a paper trail (usually no lease or utilities), but if you have SOME things addressed there you can build your case that way. (My husband and I lived with my parents for a year last year, we certainly had a bucket of mail sent to their place - bank statements, credit card statements, income tax stuff, plus it was our registered address on with Service Ontario, so was on our drivers licenses and OHIP cards and whatnot.) If you can get enough of that sort of thing you could apply now.
SchnookoLoly is offline  
Old May 19th 2015, 3:31 am
  #6  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 21
Redgamble is an unknown quantity at this point
Default Re: Common Law Sponsorship.

Yeah, we dont have enough of that stuff. My address with my employer was my parents address, and same on the bank details etc. it was just a random thing , "oh you're here most the time, you may as well just stay here". So I didn't really think about changing my address with everyone because it would still be going to my parents address and I could pick up anything that got mailed etc.

We didn't really have this PR sponsorship thing in mind back then, as I was going through another way which fell through in the end. The only time we have a significant paper trail from is the day she moved to England to be with me. Which was the tail end of last August.

I have thought about sending it off now with something from her mother saying we lived there etc, but I don't think I have enough to of a paper trail for CIC, and don't want to risk it getting rejected just for the sake of a couple of months.
Redgamble is offline  
Old May 19th 2015, 3:45 am
  #7  
Concierge
 
SchnookoLoly's Avatar
 
Joined: Jun 2011
Location: Oakville, ON, CA
Posts: 8,320
SchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond repute
Default Re: Common Law Sponsorship.

Originally Posted by Redgamble
Yeah, we dont have enough of that stuff. My address with my employer was my parents address, and same on the bank details etc. it was just a random thing , "oh you're here most the time, you may as well just stay here". So I didn't really think about changing my address with everyone because it would still be going to my parents address and I could pick up anything that got mailed etc.

We didn't really have this PR sponsorship thing in mind back then, as I was going through another way which fell through in the end. The only time we have a significant paper trail from is the day she moved to England to be with me. Which was the tail end of last August.

I have thought about sending it off now with something from her mother saying we lived there etc, but I don't think I have enough to of a paper trail for CIC, and don't want to risk it getting rejected just for the sake of a couple of months.
Ah okay. I agree with you then, it's not worth risking it just for a few months. Apply as soon as you have 12 months of proof, but also include a letter from her mom there anyway, that way you can fill out the forms and say you have been living together for 18 months (or whatever the number is), and have solid proof of the past 12 months as previous to that you didn't have a lot of paper trail. They'll see you were living together for longer anyway because of your respective address histories, but as long as you can prove 12 months solidly you will be fine, and I agree it's not worth applying before you have 12 solid months of proof. Start having a look through the forms and whatnot and organizing your application (it will take you 2-3 months) so that way you can apply at the end of August as soon as you qualify.
SchnookoLoly is offline  
Old May 19th 2015, 4:06 am
  #8  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 21
Redgamble is an unknown quantity at this point
Default Re: Common Law Sponsorship.

Originally Posted by SchnookoLoly
Ah okay. I agree with you then, it's not worth risking it just for a few months. Apply as soon as you have 12 months of proof, but also include a letter from her mom there anyway, that way you can fill out the forms and say you have been living together for 18 months (or whatever the number is), and have solid proof of the past 12 months as previous to that you didn't have a lot of paper trail. They'll see you were living together for longer anyway because of your respective address histories, but as long as you can prove 12 months solidly you will be fine, and I agree it's not worth applying before you have 12 solid months of proof. Start having a look through the forms and whatnot and organizing your application (it will take you 2-3 months) so that way you can apply at the end of August as soon as you qualify.
I didnt even think of including something from her mother too. That is a great idea, and something we will do now. I've already been looking through the forms and whatnot. I think we are in a good place with everything and will be ready to apply as soon as possible.

We are also going to include a photocopy of her visa for the UK, as she literally came here just for our relationship, so thats pretty solid proof right there .
Redgamble is offline  
Old May 19th 2015, 4:09 am
  #9  
Concierge
 
SchnookoLoly's Avatar
 
Joined: Jun 2011
Location: Oakville, ON, CA
Posts: 8,320
SchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond repute
Default Re: Common Law Sponsorship.

Originally Posted by Redgamble
I didnt even think of including something from her mother too. That is a great idea, and something we will do now. I've already been looking through the forms and whatnot. I think we are in a good place with everything and will be ready to apply as soon as possible.

We are also going to include a photocopy of her visa for the UK, as she literally came here just for our relationship, so thats pretty solid proof right there .
Proof of relationship, yes, proof of cohabitation... one of many things! If you read the FAQ and the wiki article on spousal sponsorship, you will see a huge list of things they recommend you include with your application that helps prove both sides. There are two "halves" to consider - the half that is the "mushy" stuff of your relationship that proves you are a couple... that's stuff like photos from trips, gifts, letters from friends and family, and so on... then there's the "legal" side of things, which is where they want to see evidence that your genuine relationship is "marriage-like", so that's the stuff like leases, utilities, joint bank accounts, life insurance, medical insurance, and so on and so forth. The wiki and the FAQ outline what kinds of things you can use to help prove this.

Good luck!
SchnookoLoly is offline  
Old May 19th 2015, 4:12 am
  #10  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 21
Redgamble is an unknown quantity at this point
Default Re: Common Law Sponsorship.

Yeah, I think we are safe on both sides, I've had a good look through the wiki and FAQ on this site, both very very good.

I really appreciate your input in this thread, you've been most helpful
Redgamble is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.