Common Law Sponsorship - NZ citizen

lee94

New Member
Hello everyone! I have been searching and struggling with how to go about getting my partner to live with my in Canada. We have a unique situation which I haven't been able to find a straight answer about.

To begin: Partner is a New Zealand citizen, who resided in Australia the last few years. He came to Canada in 2017 on a Working Holiday in Alberta (thats how we met). We are both aged 24-25. Partner moved to be with me in Ontario in October 2018. We didn't start officially living with each other until then-October-but lived with my parents for 2 months before moving into our own place in December to get situated (finding jobs, etc). From December onward to May-we have opened a joint bank account, he is was on my car insurance, we have bills we paid, etc. That's not what I am worried about. In May, we moved back IN with my parents to save money as his WHV was coming to an end and we decided that I go to Australia on a WHV so we can still be together. We travelled for the month of June (I have proof of plane tickets, insurance with the dates, pictures) before arriving in AUS in July, and currently living in an AIRBNB in Brisbane and will continue to do so until we find a place to live. Since arriving in Australia, we have a phone plane with both our names on it and opened a joint bank account to continue the one we had in Canada basically. We want to apply for the Common Law sponsorship in October-the time we actually started living together-in October 2019 of this year so it makes 12 months. We would apply as OUTLAND-since I can be in Australia until July 2020. We plan to re-locate to Vancouver, where my brother lives and can support us as proof when we come back and can set my partner up with a driving job as his career is focused on labour/truck driving. We want to get married later on when we are settled and are more financially stable.

I am worried how we can prove we've been together for 1 whole year when we constantly jumped to different addresses, did not pay bills when we lived at home, etc. He has his Canadian driver license with my parents address on it (same with mine) but that is about it. Please, any help would be much appreciated on what they want as proof and how to prove it. It's just confusing with the travelling/different addresses that aren't as straightforward as living in one spot for one year.

Thank you all!
 

Riley Haas

Administrator
Staff member
So, first off, it would be much, much easier to just have a civil marriage right now. Then you don't have to bother with trying to prove cohabitation.

Second, the spouse should be outland when you apply for not you. If you are also outside of Canada at the time of the application you will have to go through the additional step of proving your intent to live in Canada. In experience these applications are rarely approved because the government is extremely skeptical that a couple currently living overseas has the intention of moving here.
 

lee94

New Member
Thank you for your reply. I know getting a civil marriage will be easier. If we do proceed with one, can he work in Canada once we have applied for the sponsorship/PR? How does that work?
 

Riley Haas

Administrator
Staff member
When you submit an inland sponsorship application you can submit an application for an open work permit or study permit along with it. However the processing time is pretty bad, I hear.
 

lee94

New Member
I see, thank you! I hear that as well but I suppose we can work in AUS and earn some money before we decide. Also I read the OWP for the family class expires in July 2020-we plan to go to Canada then and submit everything. Would that be too late or would they extend it again? I thought it was something that Canada offered anyway and didn't realise it had an expiration date :(
 

Riley Haas

Administrator
Staff member
So the open work permit program is something that is extended every year with little warning. (I often don't see an update that it is renewed until well after it is supposed to have expired.) I would assume the same thing will happen this coming year but at least some of that could depend upon who wins our federal election this fall. (I'm not sure the politicians care about something like this but I really don't know.)
 

Riley Haas

Administrator
Staff member
Glad you feel that way.

Yeah, who knows what will happen with the election. I haven't looked at the Conservative's platform yet so I don't know if they have any plans for immigration beyond fewer refugees. The spousal open work permit is quite a small fish and so may not be something they have thought about.
 
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