Road To Canada Forums

Hi,

Long time lurker, first time posting. Just need a bit of direction and maybe a little clarification.

I've recently landed in Ontario (just coming up to 2 weeks) from the UK on a 1 year Bunac visa (due to expire January 2011), and i'm looking at the main option of staying past this 1 year period.

I'm currently living with my girlfriend (been in a relationship for soon to be 4 years, although due to university/work commitments this is the first opportunity that one of us could move and live together) and she's quite prepared to be a sponsor for me. I see from the CIC site that we qualify under the common law partner status from the sponsor/family class.

Some questions i have:

- When should we look to apply for this extension to my visa, under this common law status?
- Is it possible to do it without any break in employment say?
- Is this something we could easily do ourselves, or is it advisable to seek guidance from a immigration lawyer?

I hope someone can answer the questions or at least point me in the right direction, or maybe shed their own experiences if they've been in a similar situation. I'm hoping the sooner we know the info then the better prepared we are when it comes to going down this route, the last thing we want is to leave it too late & i have to go back to the UK whilst this is sorted.

Thanks in advance! :)

If you just moved in with her 2 weeks ago, you do not yet qualify as common law partners. That class requires 1 year of living together continuously. There's another poster that is in the same situation, though they are one year further along than you: http://roadtocanada.com/forums/showthread.php?t=6304

If you want to avoid the complications they're currently dealing with, in terms of timing, you may want to consider getting married to your partner before the 1 year is up, if the relationship is heading that direction. That way, you would qualify immediately to be sponsored and could submit the paperwork long before your BUNAC visa expired.

Largely ditto anitsirk.

More specifically:

First, foremost, emphasizing a part of what anitsirk said: you are a long way from qualifying as common law partners at this point in time. You absolutely must live together, physically, sharing responsibilities, in an exclusive conjugal relationship for a full year, that is at least a full 365 days, to establish the existence of a qualifying relationship based on common-law. This is inflexible. Anything less does not qualify, no matter how sincere and genuine and devoted the couple is.

RE:

Quote:- When should we look to apply for this extension to my visa, under this common law status?

Common-law partners qualify to be sponsored for PR. Extensions (including modification) of visas are a separate process.
That said, persons who are already in a qualified relationship and who have filed, or are in the process of preparing to file a PR application, stand a very good chance of obtaining some kind of extension of status allowing them to remain with their partners. An application to extend or modify status should be submitted 30 days prior to the expiration of status, though most reports indicate that there are usually no problems if it is submitted in time to be received at CPC-V before the expiration of status.

Quote:- Is it possible to do it without any break in employment say?

I am reminded of a "is it possible?" question in another, similar forum; yes it is *possible* but that does not mean it is easy, likely, let alone probable. Main thing is, since I suspect you are from a visa-exempt country , when the time comes to apply for partner sponsored PR you will most likely be wise to do so via the out of Canada process (and yes, you can do that, and mostly likely should go that route, even though you are physically in Canada at the time of applying). That process does not provide for any work permit status while pending. If you really need to continue working, you will probably have to qualify for a work permit totally separate from the PR app process.

Quote:
- Is this something we could easily do ourselves, or is it advisable to seek guidance from a immigration lawyer?

Anyone comfortable with filing forms and gathering documentation, and not at a loss when dealing with bureaucratic processes, can do a sponsored PR application without the assistance of a lawyer or consultant. And, actually, given that the majority of the nuts and bolts of the application process demands a fairly intensive gathering of personal information, you are in fact the person in the best position to do a thorough and competent job of it.

OK thanks for both your replies, enough food for thought there.

Just a quick add, i'm fully aware that common law status comes up after a year not 2 weeks, i'm not that stupid - i read what the CIC site stated. I'm trying to find out what will happen 11 months or so down the line, so its more proactive, than reactive actions. :)