Help, South African wanting PR

[Jax]

Hi there, i was wondering if anyone out there can help us understand on what to do in order to get the application going. I'm a South African and right now living with my common law partner in Canada under a Temp Visa. Our Daughter is now 11 months old, was born in S.A and her citizenship is being processed in Pretoria. They said that it would take up to a year. However she has got her Canadian Passport.
I only received a 6month visitor visa and have to go back, so was wondering, will it be easier to apply for my PR here and get an extention to my Visitor Visa?
HOw much time does it take? Don't want to separate our family because of this!
Or should i return home and apply from South AFrica? How long does the process take if we are applying for Sponsor? Seeing that both my partner and daughter are Canadian.

HELP PLEASE!

 

[Kess]

If you want to apply as common-law you have to "live in a marriage-like relationship" for a minimum of 1 year and beable to prove this through joint bank accounts, mortgage, etc.

You can sponsor a person as your common-law partner if

- that person is of the opposite or same sex,
- you and that other person have cohabited in a conjugal relationship for a period of at least one year, and
- your relationship with that person is continuing, even though you are temporarily living apart.

http://www.cic.gc.ca/english/information/applications/guides/3900E2.asp

If you currently have a 6 months visa, you should try to get an extension. You also won't beable to submit an application for PR until the 1 year of living together has elapsed. The other suggestion is to get married, then there is no minimum living-together requirement.

 

[Jax]

However we have been been together since 2008, living together for 8 months in Canada then 10months in South African and now again in Canada, We don't have joint accounts. This is still considered common law..yes?

 

[MandiF]

You need to be able to prove that you live in a spousal type relationship for a minimum of one year. Although joint bank accounts are generally seen as part of this spousal type relationship, really you need to include all the information and proof you can regarding the time you have lived together and how your lives are intertwinned in this relationship.

You can apply for an extension of your visitors visa and then apply either inland or outland. The main difference is 'generally' outland is quicker and you have the right to appeal, although if an interview is requested you will need to travel back to your country where the application is being processed in order to attend.

So, even though you are in Canada, for most people Outland is quicker, but best to check the timelines for your country on this page http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp, remembering that it also takes currently 37 days for the sponsorship approval part of the process.