common law

bjz112887

New Member
So my fiancé is from Canada I am from America. I have been married before the whole marriage thing leaves a bad taste in my mouth. I just got screwed over pretty bad.


So my question is can we prove common law or conjugal How hard is it? I would be moving to Canada after we did this. We do have checking accounts together stuff like that. We have been together for two years now as well.
 

Riley Haas

Well-Known Member
Hi,
Common law requires a minimum of 12 months of living together. Because you are American, you do not need a visa to come to Canada, but are also can only be admitted up to 6 months at a time, as a visitor (i.e. without a work permit or study permit). Alternatively your fiance could live with you in the US.

Conjugal sponsorship is for people who cannot marry, not those who choose not to. So it's not available to you.

Hope this helps.
 

bjz112887

New Member
So we could use my us address and she is living with me but she does leave for work a which is a few hours from the house in Canada so she will stay there for a few days and cross back would we still be able to use my usa address for Canada pr card?
 

Riley Haas

Well-Known Member
I believe you have to be living with each other full time, but I honestly don't know, I'm just the webmaster. A consultant could help you with that.

You cannot use a foreign address for your PR Card. Your PR Card is not your PR status. You get your PR Card after you get your PR status. But you don't want to use a foreign address for the sponsorship application either because, if you do, you have to prove an intent to settle in Canada, which is an additional requirement.
 

Monaroy321

New Member
Hii..
Dear, you need to consult with Immigration consultant. They will give you all the information regarding this and also suggest the best way to get out of it.
 

jsmith

New Member
I have a similar question (in case you find any info). My boyfriend has been in Canada on visitor visa 6 months at a time and we are planning to move in together and begin the common law procedure after a year. But how could we have proof of him living with me if he cannot change addresses for legal documents, taxes etc since he's only a visitor? Any info would be very helpful. Thanks!
 

Riley Haas

Well-Known Member
His visitor status expires after 6 months. He needs to leave Canada before it expires and then he can re-enter. To the best of my knowledge there is nothing preventing a visitor from having their name on a lease or anything like that. Plenty of foreigners own property in Canada after all. These people don't have any status until they come to Canada.

If you want to try to claim common law and sponsor him, instead of getting married, this is what has to happen: he has to live with you for 12 months+. Every time his entry is going to expire he has to leave the country - say, by going to the States for a day - and come back. If he is admitted for a full 6 months again this only has to happen twice. If he isn't admitted for that long the second time, that's when you can encounter problems. But his trip for a day or two to the States doesn't make you no longer common law, especially if you travel together. It would be a lot easier just to marry, but it's possible this way.

One other thing: the sponsorship application has to be submitted when he has legal status wherever he is when it is submitted. So if he is Canada when you submit it, he has to still have visitor status (or student or worker) when it's submitted.
 

jsmith

New Member
Thank you for taking the time to respond. This is along the lines of what I was thinking. I was unsure of what we could use to prove he was living here.. usually they like to see an address change on things..
But maybe putting him on the place would be enough?
 
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