Have questions concerning Common-law definition and whether that applies in my situation or not. Oh. This query is

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Customer: Have questions concerning Common-law definition and whether that applies in my situation or not
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: Oh. This query is concerning Canadian immigration not US
JA: Have you talked to a lawyer about this?
Customer: Not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'm in Canada and looking to apply for a PR Inland
Answered by Debra in 25 mins 1 year ago
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Debra
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Debra
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10+ years of experience
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Debra
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163774 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

I am sorry to hear of this difficult situation.

Please let me know the basic facts and then your specific legal question.

Customer
Hi Debra. Pleasure to meet you.
Customer
Do you primarily handle queries concerning immigration ?
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Debra, Expert

No I don't primarily handle queries concerning immigration but I answer many, many questions about immigration on this site every week.

Customer
Ah ok.
Customer
I'd planning to apply for a PR under the sclpc class
Customer
preferably as a conjugal partner. However, an OWP is priority for me.
Customer
Is this possible under the definition of a conjugal partner?
Customer
It will have to be an inland application as I am currently in Canada on a visitor visa
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Debra, Expert

Yes. If your conjugal partner starts a spousal sponsorship while you are in Canada with status you will be able to apply for an open work permit. The sponsorship covers legally married spouses, common law spouses and conjugal partners. It doesn't matter what category of spouse you fall into. So as long as they consider you a conjugal partner you'll have no problem getting an open work permit.

Does that help?

Customer
Hmm but as per the cic website a PR for a conjugal partner will be considered an Outland application and an OWP can only be applied for an inland application.
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Debra, Expert

I am sorry. You are right. They must have changed things and I missed it.

You could apply to extend your visitors visa and then once you've lived together for one year you could apply as common law spouses and then you could apply for the open work permit. I'm sorry there's no other option than I can think of.

Customer
Do they let one extend their visitor visa application past 6 months?
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Debra, Expert

Yes they sometimes do, especially during Covid.

Customer
Wish I knew that before. They gave me a visitor card with a return date of 1st March 2020
Customer
I applied for an extension till the 5th May - in-line with my 6 months stay period
Customer
I should have applied for a longer stay
Customer
Is that still possible?
Customer
My application is currently under process for the extension of requested on te 3rd Feb
Customer
the
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Debra, Expert

You can just ask for another after that. With COVID it seems that things move slowly and they are allowing for extensions.

Customer
Ok. Will keep that in mind.
Customer
Ok. Further, I wanted to check if I can explore an application under common-law
Customer
I do know the documentation requirements and that's where my confusion lies
Customer
A summary about my relationship history: Me and partner (Canadian citizen) started dating in May 2017. It was primarily a long distance relationship with multiple visits between India and Canada. I have the flight ticket proofs, pictures, messages to showcase as proof for this timeline. My partner quit her job and moved back to India in 2019 to be together. We ended up living together at my family home hence, do not have any common lease agreements, utilities bill etc. Just a joint phone bill under a common family plan which I have the details for.
Customer
Due to Covid and business disruption back in India, we decided to live back in 2020. She moved back aug 2020 to join her new role in MasterCard and I came in under the family reunification program exemption (when there was a complete travel ban) in Nov 2020. We've been staying together at her owned place where I'm listed as a tenant (documentation available) but it's only been 4 months.
Customer
Can this qualify for common-law as I have all necessary proofs to prove our relationship but official documentation for co-habitation are limited
Customer
Phew..:)
Customer
Needed to tell the story for a fair assessment
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Debra, Expert

Yes it does and you don't always have proper documentation but you have your sworn testimony by way of affidavit evidence if necessary and you can get letters from everyone that knows you.

Customer
Honestly, it's a relief to hear that and some hope.
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Debra, Expert

I do think there is some hope.

I sincerely ***** ***** works out.

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Had a couple of additional questions concerning migration
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Debra, Expert

I am very happy to help but you'll have to start a new post. Please be sure to put my name into the post and if anyone answers just say you only want to speak to me and ask them to opt out.

Customer
Hi Debra. This needs to be done on the justanswer website?
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Debra, Expert

Or through the phone

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