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Open Work Permit for Common Law

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alm85 View Drop Down
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    Posted: 03 Sep 2012 at 10:17pm
Dear Community,

I am an international graduate student in Ontario. I have been together with my girlfriend for one year now - the first 4 months we lived together in our home country, then I left to Canada and 3 months later she came on a toursit visa (6 months). These last 6 months we lived together, sharing everything from bank to house. She has reference and recommendation letters from employers that she volunteerd for.

We want to apply for an open work permit for her, based on our common law union.

For the time spent in our home country, we don't have anything else other than some photos and delcarations from our parents and friends, as we were still students, with no big belongings to share.

We are unsure about how many declarations from friends/familiy to include, as well as the level of detail that these need to go in. We are a bit apprehensive that handing in a too ample application might not work in our favor. 

What is your experience with this and your suggestions? 

Thank you kindly
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scylla View Drop Down
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Joined: 29 Nov 2009
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 03 Sep 2012 at 11:39pm
You're not common law yet. You need one full year of living together to qualify for common law.

I'm not sure if CIC will say you need another two months of living together to become common law (i.e. if you can count the first four months). Or if the three month break between the first four months and the next six months was too great and you'll need another six months to establish yourselves as common law.

Regardless, don't apply now. You don't qualify.
Outland Spousal (Buffalo):
App recd: 05/28/2010
Sponsor approved: 06/28/2010
Processing started: 08/19/2010
Passport request: 10/01/2010
Landed: 10/05/2010
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scylla View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 03 Sep 2012 at 11:41pm
Just to add, once you have lived together for a year and are ready to apply - one of the most important pieces of evidence are documents that prove you have lived together (e.g. joint leases, joint utility bills, mail sent to the same address, joint bank accounts, etc.).
Outland Spousal (Buffalo):
App recd: 05/28/2010
Sponsor approved: 06/28/2010
Processing started: 08/19/2010
Passport request: 10/01/2010
Landed: 10/05/2010
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alm85 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote alm85 Quote  Post ReplyReply Direct Link To This Post Posted: 04 Sep 2012 at 12:01am
Thanks for your reply. 

Originally posted by scylla scylla wrote:

Or if the three month break ... was too great

We were told that if the break is justified and efforts made to reunite, it is acceptable. What's more, during that break, I flew home twice to be with her.
Originally posted by scylla scylla wrote:

 don't apply now. You don't qualify.
What happens if we apply now, supposing we do not qualify? And how can we continue staying together if her toursit visa expires in a month? Seems to me that there's no choice..

Originally posted by scylla scylla wrote:

joint leases, joint utility bills, mail sent to the same address, joint bank accounts, etc.

We had no property to share, as we were students. But we do have the landlord confirming our cohabitation for the time span. 
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scylla View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 04 Sep 2012 at 6:02am
If you apply now and you don't qualify - the application will be refused. You should apply for an extension to her tourist visa rather than applying for the OWP.
Outland Spousal (Buffalo):
App recd: 05/28/2010
Sponsor approved: 06/28/2010
Processing started: 08/19/2010
Passport request: 10/01/2010
Landed: 10/05/2010
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