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Hello - My name is ***** ***** I'm happy to assist you today. I am an Ontario lawyer who is able to answer family law questions.
Is there a reason you want to declare your common law relationship now ?
I see - Do you mean, if your partner sponsors you to get your permanent resident status, you will pay less tuition ?
That is a big difference in tuition and I understand why you would want to pay the domestic fee if you can.
For the purposes of immigration sponsorship, you and your partner need only have lived together for 12 months or more. The 3 year requirement is for family law purposes. So, if you have already lived together for one year, your partner can now submit an inland sponsorship application.
Here is a link from Canada Immigration's website which explains how common law relationships are defined under Immigration law and how they are assessed
Here is the link on how to get the application. You can submit the form after you have lived together for 12 months.
The average processing time is approximately 12 months. You can apply for an open work permit at the same time the application is submitted. Once Canada Immigration decides that your relationship is real, your work permit will be approved. This usually takes 6 months.
I would recommend that you provide detailed proof that your relationship is real and that you make sure that you follow the document checklist carefully to avoid delay in processing due to missing information.
Hope this answers your question.
You will have to ask your school about what verification you need to provide to them to be able to pay the domestic student tuition.
In Ontario, there really isn't a compulsory declaration of common law relationship. A lawyer could possibly help you prepare a statutory declaration regarding your common law relationship. However, if you do this, the family law definition of common law will be used which is the three year cohabitation requirement.
I would therefore suggest that you submit the sponsorship which only requires one year cohabitation and you will have your permanent residence in one year which will faster than doing the statutory declaration.
Does that make sense ?
In that case, I agree that getting married is the fastest way.
I know it isn't but COVID 19 has affected our lives in so many ways. Many people are registering their marriage now but holding the wedding banquet or other celebration with friends and family until after COVID 19.
Sure, feel free to ask follow up questions.
Have a good night.
Hello again - I would suggest that you contact a family lawyer to get an opinion about this and help with doing the statutory declaration.
The Law Society of Ontario operates a Lawyer Referral Service which can give you the name of a family lawyer and when you contact this lawyer, the first half hour of the consultation will be free of charge.
The number of the service is 1-***-***-**** or(###) ###-####(within the GTA), Monday to Friday, between 9 am -5 pm.
You are very welcome.
Thank you for choosing JustAnswer for help with your question.
All the best.