U.S citizen - applying common-law in Canada - prove status..how?
Aug 9th 2007, 8:08 am
#1
Just Joined
Thread Starter
Joined: Mar 2005
Location: between Vic - Van, BC
Posts: 3
U.S citizen - applying common-law in Canada - prove status..how?
I am a U.S born citizen, currently living common-law (to a Canadian citizen) in BC for the last 2 yrs. (since September '05)
We are getting ready to start the process of getting me 'legal' using the common-law in Canada class.
We decided that I would come to live with him in Canada in February '05. (We’ve known each other since Oct. '99).
I came for a visit for 2 weeks in Feb '05, 2 months from Apr '05 - June '05. In September '05 he flew into Toronto, I picked him up at the airport and we drove out to BC. We've been living together ever since.
Made a short trip down to Bellingham to apply for my passport (since I had never had one) in January '07 - received passport in March, mailed to me at my address in Canada.
We are taking a trip down to Washington State next week so that I can get my fingerprints done to send off to the FBI & NY State Police. It is my understanding that these take several months.
I figure after I have those in hand, I will arrange & get my medical clearance - then send everything in off the checklist.
Since it's my understanding that the police certificates can take several months, we will use that time to gather up the rest of the documentation needed.
My questions are...am I thinking correctly that this is possible & the proper order to do things?
On the checklist it states that I need to show:
Indication of status in Canada (e.g. visitor visa, study permit or work permit, temporary resident permit, including out of status documentation)
Being that I am a U.S citizen - I don't have any of these things. How do I prove my status? Is this something I should try to get when returning to Canada next week, or will a stamp on my passport suffice?
I do have more questions - but this is the most pressing at the moment.
Thank you so much in advance
DG
We are getting ready to start the process of getting me 'legal' using the common-law in Canada class.
We decided that I would come to live with him in Canada in February '05. (We’ve known each other since Oct. '99).
I came for a visit for 2 weeks in Feb '05, 2 months from Apr '05 - June '05. In September '05 he flew into Toronto, I picked him up at the airport and we drove out to BC. We've been living together ever since.
Made a short trip down to Bellingham to apply for my passport (since I had never had one) in January '07 - received passport in March, mailed to me at my address in Canada.
We are taking a trip down to Washington State next week so that I can get my fingerprints done to send off to the FBI & NY State Police. It is my understanding that these take several months.
I figure after I have those in hand, I will arrange & get my medical clearance - then send everything in off the checklist.
Since it's my understanding that the police certificates can take several months, we will use that time to gather up the rest of the documentation needed.
My questions are...am I thinking correctly that this is possible & the proper order to do things?
On the checklist it states that I need to show:
Indication of status in Canada (e.g. visitor visa, study permit or work permit, temporary resident permit, including out of status documentation)
Being that I am a U.S citizen - I don't have any of these things. How do I prove my status? Is this something I should try to get when returning to Canada next week, or will a stamp on my passport suffice?
I do have more questions - but this is the most pressing at the moment.
Thank you so much in advance
DG
Aug 9th 2007, 1:01 pm
#2
Forum Regular
Joined: Jun 2005
Location: Waterloo, Canada
Posts: 35
Re: U.S citizen - applying common-law in Canada - prove status..how?
A few things...
I would suggest trying to get a visitor record when you come back into the country. To do this, you have to tell the person (CBSA officer) at the little booth that you want to go to the immigration office to get a visitor record, and they'll give you a yellow form, which you take into the office. I would strongly recommend having your partner do most of the talking to the immigration officer, and indicate that he (?) is planning to sponsor you for permanent residence. Take with you any evidence that you have that you qualify as common-law partners -- joint bank accounts, a lease, life insurance beneficiary.. whatever you've got that helps to indicate that you've been living together for a year or more. You shouldn't have any problems getting a visitor record. Don't say that you're "living" in Canada or "moving" to Canada, though. You are just a visitor until you have permanent residence, and as long as they are aware that YOU are aware of that, you should be fine.
Secondly, if you put a "needed by" date on the OUTSIDE of the envelope that you send with your fingerprints to the FBI, it can get back to you within two weeks. State clearances generally don't take very long at all.
Third, I would strongly recommend that you reconsider the "inside Canada" route. There was an American on another forum I read that was approved in 2 months flat, going through Buffalo. In that case, you send the whole application to Mississauga, wherer they approve the sponsorship portion, then forward the application for Permanent Residence on to Buffalo. You don't have to be outside of the country to send your application through Buffalo. If you get a visitor record for 1 year (my husband did with no problems) you can use your Canadian address as your place of residence on the application. If you only get a visitor record for 6 months, use your Canadian address as your mailing address, and if you have family in the US who are willing to let you do so, use their address as your "residence".
The "inside Canada" route can take years (another person on the same forum sent her "inside Canada" application to Vegreville a year and a half ago, and it's now sitting in Etobicoke, where she doesn't expect it to be touched until November at the earliest).
I would suggest trying to get a visitor record when you come back into the country. To do this, you have to tell the person (CBSA officer) at the little booth that you want to go to the immigration office to get a visitor record, and they'll give you a yellow form, which you take into the office. I would strongly recommend having your partner do most of the talking to the immigration officer, and indicate that he (?) is planning to sponsor you for permanent residence. Take with you any evidence that you have that you qualify as common-law partners -- joint bank accounts, a lease, life insurance beneficiary.. whatever you've got that helps to indicate that you've been living together for a year or more. You shouldn't have any problems getting a visitor record. Don't say that you're "living" in Canada or "moving" to Canada, though. You are just a visitor until you have permanent residence, and as long as they are aware that YOU are aware of that, you should be fine.
Secondly, if you put a "needed by" date on the OUTSIDE of the envelope that you send with your fingerprints to the FBI, it can get back to you within two weeks. State clearances generally don't take very long at all.
Third, I would strongly recommend that you reconsider the "inside Canada" route. There was an American on another forum I read that was approved in 2 months flat, going through Buffalo. In that case, you send the whole application to Mississauga, wherer they approve the sponsorship portion, then forward the application for Permanent Residence on to Buffalo. You don't have to be outside of the country to send your application through Buffalo. If you get a visitor record for 1 year (my husband did with no problems) you can use your Canadian address as your place of residence on the application. If you only get a visitor record for 6 months, use your Canadian address as your mailing address, and if you have family in the US who are willing to let you do so, use their address as your "residence".
The "inside Canada" route can take years (another person on the same forum sent her "inside Canada" application to Vegreville a year and a half ago, and it's now sitting in Etobicoke, where she doesn't expect it to be touched until November at the earliest).
Aug 9th 2007, 6:00 pm
#3
Just Joined
Thread Starter
Joined: Mar 2005
Location: between Vic - Van, BC
Posts: 3
Re: U.S citizen - applying common-law in Canada - prove status..how?
Hi anitsirK,
Thanks for responding.
I'm a little confused on "proof of relationship" for the following reasons...
A rental lease would imply that I've been living in Canada - not visiting
Common-law requires that you live together for at least a year...which would mean I've been in Canada at least a year.
So for the part...don't say you've been living in Canada - I think that proving common-law shows otherwise.
Joint bank accounts - don't have any. We have separate accounts & a business account.
Life insurance - ditto - we don't have any.
His money is tied up in RRSP's & mutual funds, of which he is going to make me beneficiary. (right now it's his estate) - these are things we just haven't done yet because we figured we still had some time.
I am listed as a director for his incorporated company - and there are TONS of people who know us. We have lots of other proof (I'm sure I can scare up some old phone bills - HUGE), chat logs, email, plan ticket stubs, etc
I'm just afraid that, for whatever reason, if they deny me a visitor’s visa, I am totally stuck.
I have no place to live in the U.S at all.
I admit that I'm very ignorant of the process and everything I know (or think I know) comes from reading through CIC's website, this forum and Google searches.
I just can't jeopardize being denied entry to Canada next week.
Is it possible that it would help if we say we're getting married? (Although we have no plans to, we've both been married before)
I have a feeling that, since we are now actually doing this - I will be spending a lot more time at this forum.
Thanks in advance
DG
Thanks for responding.
I'm a little confused on "proof of relationship" for the following reasons...
A rental lease would imply that I've been living in Canada - not visiting
Common-law requires that you live together for at least a year...which would mean I've been in Canada at least a year.
So for the part...don't say you've been living in Canada - I think that proving common-law shows otherwise.
Joint bank accounts - don't have any. We have separate accounts & a business account.
Life insurance - ditto - we don't have any.
His money is tied up in RRSP's & mutual funds, of which he is going to make me beneficiary. (right now it's his estate) - these are things we just haven't done yet because we figured we still had some time.
I am listed as a director for his incorporated company - and there are TONS of people who know us. We have lots of other proof (I'm sure I can scare up some old phone bills - HUGE), chat logs, email, plan ticket stubs, etc
I'm just afraid that, for whatever reason, if they deny me a visitor’s visa, I am totally stuck.
I have no place to live in the U.S at all.
I admit that I'm very ignorant of the process and everything I know (or think I know) comes from reading through CIC's website, this forum and Google searches.
I just can't jeopardize being denied entry to Canada next week.
Is it possible that it would help if we say we're getting married? (Although we have no plans to, we've both been married before)
I have a feeling that, since we are now actually doing this - I will be spending a lot more time at this forum.
Thanks in advance
DG
Aug 9th 2007, 8:22 pm
#4
Assimilated Pauper
Joined: Mar 2005
Location: Ontario
Posts: 40,019
Re: U.S citizen - applying common-law in Canada - prove status..how?
I sponsored my partner, an American, as my common law partner based on her having lived with me in Canada for a couple of years. At the time of the application she'd only been here as a tourist. She'd come and gone numerous times never exceeding six months in the country and always explaining the true situation at the airport (or border when we drove). She subsequently applied for and was granted a student permit but that was because she wanted to take a course rather than because it was needed. Her status, or lack thereof, didn't seem to be a problem and she now has AIP and a work permit.
She's not a permanent resident as her police certificates still haven't come through a couple of years after applying for them. The police certificates were not needed to start the process. Note that you'll need one from the RCMP as well as from each state you've lived in for more than six months.
She's not a permanent resident as her police certificates still haven't come through a couple of years after applying for them. The police certificates were not needed to start the process. Note that you'll need one from the RCMP as well as from each state you've lived in for more than six months.
