Go Back  British Expats > Living & Moving Abroad > Canada > Immigration & Citizenship (Canada)
Reload this Page >

living in Canada on visit to get common law status...

living in Canada on visit to get common law status...

Old Aug 5th 2010, 11:25 am
  #16  
Just Joined
Thread Starter
 
Joined: Aug 2010
Posts: 16
egelorie is an unknown quantity at this point
Default Re: living in Canada on visit to get common law status...

thanks el richo
egelorie is offline  
Old Aug 7th 2010, 6:44 pm
  #17  
Just Joined
Thread Starter
 
Joined: Aug 2010
Posts: 16
egelorie is an unknown quantity at this point
Default Re: living in Canada on visit to get common law status...

If we get married, does that mean that I can apply for permanent residency right away or just the Visa. If we get married do I still have to go to Canada with a 6 month Visa and then apply for an extension? I'm just not sure how this works. I want to bring my son with me, and don't want to bring him over if there is a chance that they make me leave after six months is up. I guess I need to know step-by-step the best way to go about this so there isn't anything I miss. Thanks.
egelorie is offline  
Old Aug 7th 2010, 7:11 pm
  #18  
 
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: living in Canada on visit to get common law status...

Originally Posted by egelorie
If we get married, does that mean that I can apply for permanent residency right away or just the Visa. If we get married do I still have to go to Canada with a 6 month Visa and then apply for an extension? I'm just not sure how this works. I want to bring my son with me, and don't want to bring him over if there is a chance that they make me leave after six months is up. I guess I need to know step-by-step the best way to go about this so there isn't anything I miss. Thanks.
It is all in here http://britishexpats.com/wiki/Spousa...sorship-Canada

The Visa is an entry document, once you arrive and activate the visa you become a permanent resident. Until you have this you can only enter as a visitor.
Aviator is offline  
Old Aug 7th 2010, 8:16 pm
  #19  
Beep
 
el_richo's Avatar
 
Joined: Jan 2009
Location: Here
Posts: 8,311
el_richo has a reputation beyond reputeel_richo has a reputation beyond reputeel_richo has a reputation beyond reputeel_richo has a reputation beyond reputeel_richo has a reputation beyond reputeel_richo has a reputation beyond reputeel_richo has a reputation beyond reputeel_richo has a reputation beyond reputeel_richo has a reputation beyond reputeel_richo has a reputation beyond reputeel_richo has a reputation beyond repute
Default Re: living in Canada on visit to get common law status...

Originally Posted by egelorie
If we get married, does that mean that I can apply for permanent residency right away or just the Visa. If we get married do I still have to go to Canada with a 6 month Visa and then apply for an extension? I'm just not sure how this works. I want to bring my son with me, and don't want to bring him over if there is a chance that they make me leave after six months is up. I guess I need to know step-by-step the best way to go about this so there isn't anything I miss. Thanks.
The visa is basically your PR. Once you activate it, you're PR.

So if you get married now, send your application immediately, and if the process takes 3 months, you'll be able to work 3 months from now.
el_richo is offline  
Old Aug 7th 2010, 10:12 pm
  #20  
Forum Regular
 
Joined: Oct 2007
Posts: 225
Kynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really nice
Default Re: living in Canada on visit to get common law status...

Depends what province he's in as far as how long the divorce will take. In Nova Scotia, unless you can prove

1. Your spouse committed adultery (willingly had sex with someone else during your marriage); or
2. Your spouse treated you with intolerable physical or mental cruelty.

then you need to have been separated for a year before you can apply for divorce. Once you apply, it takes a few months for it to go through and be "approved". Once approved it takes another 30 days to get the official certificate, and you NEED that certificate to get remarried.

If there was adultery, then the spouse who was cheated on has to file for divorce (not the cheater), and the one year separation doesn't apply.

If there was abuse, a lot needs to be sorted out before the divorce is granted and that can take quite awhile.

Not sure what the laws are in other provinces, but until you have that almighty piece of paper (30 days after the divorce is granted), you cannot remarry.

I BELIEVE that if you are separated (and have a legal separation agreement to prove it) when you start living with the new partner, after 12 mos you can apply for common-law status. Check with Immigration Canada to verify that. I looked into it when I sponsored my partner but it ended up not being an issue because my divorce was finalized before he moved here, so now I can't remember what they said!
Kynn is offline  
Old Aug 9th 2010, 12:14 am
  #21  
Banned
 
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Siouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond repute
Default Re: living in Canada on visit to get common law status...

I was an "inland applicant" (UK national) who originally came on a 6 month entry stamp.

I renewed it several times (given 6 month extentions each time) - the final time I was given a 1 year extention as I had applied for PR under the spouse in canada class.

It isn't difficult to get extentions to visitor status as long as you can show (with proof) that you intend to return to the UK should you be refused (airline ticket); that you have sufficient ties to the UK to return (home address in the UK); that you have sufficient funds to support yourself (bank statement, letter of support etc) and finally, a good reason to want to remain here. The reason I gave was that I was in a relationship and wanted to pursue it further.

As to your situation, it is more difficult... you have a young son who will need to be in education. Whilst there is legislation requiring him to attend school, getting a permit could be more difficult. http://www.cic.gc.ca/english//study/...#tphp%20idtphp

"However, if the parents are temporary residents of Canada in the visitor class, their minor children must have a study permit to attend primary or secondary school. Study permits for primary school students are issued for a period of one year and can be renewed. "

There is also the question of medical care - you would need to get some kind of travel insurance to tide you over.

According to regulations, a principal applicant (i.e. you) can be married, separated and living in a common law relationship with someone else, however, I am not sure if the same applies to a sponsor... you would have to check.

In Ontario you must be separated for 12 months before applying for a divorce.. I think it's pretty much the same throughout Canada. Once applied for, a divorce should be finalised within about 3 months (providing there is no acrimony about alimony and child support if applicable).

I would suggest your partner applies for a divorce as soon as possible as it would be much, much simpler to get married and apply for PR. With regards to your son, having sole custody is fine but you will still need signed consent from his father to be able to bring him to Canada with you (CIC will insist on it).

I hope it all works out for you ok!


Last edited by Siouxie; Aug 9th 2010 at 12:20 am.
Siouxie is offline  
Old Aug 9th 2010, 12:16 am
  #22  
Forum Regular
 
Joined: Oct 2007
Posts: 225
Kynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really nice
Default Re: living in Canada on visit to get common law status...

The education for the child issue COULD be easily resolved if you were interested in Homeschooling him. Resolves the 'right to attend public school' problem.
Kynn is offline  
Old Aug 9th 2010, 2:43 pm
  #23  
BE Enthusiast
 
Joined: Jan 2009
Location: Port Colborne, ON
Posts: 315
Lethe is just really niceLethe is just really niceLethe is just really niceLethe is just really niceLethe is just really niceLethe is just really niceLethe is just really niceLethe is just really niceLethe is just really niceLethe is just really niceLethe is just really nice
Default Re: living in Canada on visit to get common law status...

Originally Posted by siouxie
I was an "inland applicant" (UK national) who originally came on a 6 month entry stamp.

I renewed it several times (given 6 month extentions each time) - the final time I was given a 1 year extention as I had applied for PR under the spouse in canada class.

It isn't difficult to get extentions to visitor status as long as you can show (with proof) that you intend to return to the UK should you be refused (airline ticket); that you have sufficient ties to the UK to return (home address in the UK); that you have sufficient funds to support yourself (bank statement, letter of support etc) and finally, a good reason to want to remain here. The reason I gave was that I was in a relationship and wanted to pursue it further.

As to your situation, it is more difficult... you have a young son who will need to be in education. Whilst there is legislation requiring him to attend school, getting a permit could be more difficult. http://www.cic.gc.ca/english//study/...#tphp%20idtphp

"However, if the parents are temporary residents of Canada in the visitor class, their minor children must have a study permit to attend primary or secondary school. Study permits for primary school students are issued for a period of one year and can be renewed. "

There is also the question of medical care - you would need to get some kind of travel insurance to tide you over.

According to regulations, a principal applicant (i.e. you) can be married, separated and living in a common law relationship with someone else, however, I am not sure if the same applies to a sponsor... you would have to check.

In Ontario you must be separated for 12 months before applying for a divorce.. I think it's pretty much the same throughout Canada. Once applied for, a divorce should be finalised within about 3 months (providing there is no acrimony about alimony and child support if applicable).

I would suggest your partner applies for a divorce as soon as possible as it would be much, much simpler to get married and apply for PR. With regards to your son, having sole custody is fine but you will still need signed consent from his father to be able to bring him to Canada with you (CIC will insist on it).

I hope it all works out for you ok!

I don't think this would apply to the OP as she would be coming over on a visitor's visa in order to get the 1 year co-habitation required for common law prior to applying for common law pr. There wouldn't be a dual intent entry.
I think the best thing would be for the OP's husband to begin divorce proceedings and for them to get married as soon as it's finished.
Lethe is offline  
Old Aug 9th 2010, 2:52 pm
  #24  
Assimilated Pauper
 
dbd33's Avatar
 
Joined: Mar 2005
Location: Ontario
Posts: 40,018
dbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond repute
Default Re: living in Canada on visit to get common law status...

Originally Posted by Waltzing Matilda
I'm not sure if he has to be divorced.
I know it to be the case that he does not. However, a means is needed to establish common-law status. Since he won't leave Canada she'll need some sort of residence permit, most easily a student visa. That means that she'd have to move to Canada and live with him without the possibility of working for at least a year. After that he'd have to commit to supporting her for three years. That's all kosher for the purpose of immigration. Whether or not it's a sensible thing to do is another matter.
dbd33 is offline  
Old Aug 9th 2010, 7:26 pm
  #25  
Just Joined
Thread Starter
 
Joined: Aug 2010
Posts: 16
egelorie is an unknown quantity at this point
Default Re: living in Canada on visit to get common law status...

what would the sensible thing be then?....
egelorie is offline  
Old Aug 9th 2010, 7:32 pm
  #26  
 
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: living in Canada on visit to get common law status...

Originally Posted by egelorie
what would the sensible thing be then?....
He come to the UK, live together for a year then sponsor you, or..
He get divorced, you and he get married then he sponsors you

Until he is divorced you don't even know if he would go through with anything.
Aviator is offline  
Old Aug 10th 2010, 5:58 pm
  #27  
Just Joined
Thread Starter
 
Joined: Aug 2010
Posts: 16
egelorie is an unknown quantity at this point
Default Re: living in Canada on visit to get common law status...

thanks,that helps
egelorie is offline  
Old Aug 12th 2010, 3:05 pm
  #28  
Banned
 
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Siouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond repute
Default Re: living in Canada on visit to get common law status...

Originally Posted by Lethe
I don't think this would apply to the OP as she would be coming over on a visitor's visa in order to get the 1 year co-habitation required for common law prior to applying for common law pr. There wouldn't be a dual intent entry.
I think the best thing would be for the OP's husband to begin divorce proceedings and for them to get married as soon as it's finished.
I didn't obtain dual intent entry - I just applied as a visitor for extentions up until the point where I had an application in for PR. I was here for 3 years prior to my application going in!

I agree though, divorce and marriage would be much the quickest and easiest way.

Siouxie 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 - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

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