Common Law Concern after Receiving ITA

[hunterdai92]

Dear all,

My fiancee and I are applying for Express Entry from US and we have already received an ITA. We did apply under common-law relationship since it is the most appropriate one for our current status. However, one issue we have is that we have only been physically living together continuously for 9 months due to schools/work in different cities during other times. Our relationship started in Apr.2017 and we have been committed since the beginning. When living long-distances, we keep a minimum of biweekly reunion and we have all the proofs (i.e. flight tickets, etc). We also have credit card, insurance under the same account as well. We are also planning to get married later in the summer this year.

In summary, the only thing that is lacking would be the 9 months' continuous-time together...But we are not sure what other options we have at this point other than common-law if we want to apply together. Does anyone have similar experiences before? Is CIC strict on the 1 year continuous time requirement or they evaluate case by case especially for scenarios like ours?

Much appreciated your help and suggestions!
Hunter

 

[k.h.p.]

Get married.

You're not common-law if you haven't lived together for 12 months. IRCC is very strict about this.

 

[hunterdai92]

Get married.

You're not common-law if you haven't lived together for 12 months. IRCC is very strict about this.

Thanks. We are planning for a wedding later this summer and it would hard to pull that ahead to this month...Too many logistics...Does this mean that we only have two choices..1) get married before ITA deadline, or 2) decline the current one and wait till we get married?

 

[canuck_in_uk]

Dear all,

My fiancee and I are applying for Express Entry from US and we have already received an ITA. We did apply under common-law relationship since it is the most appropriate one for our current status. However, one issue we have is that we have only been physically living together continuously for 9 months due to schools/work in different cities during other times. Our relationship started in Apr.2017 and we have been committed since the beginning. When living long-distances, we keep a minimum of biweekly reunion and we have all the proofs (i.e. flight tickets, etc). We also have credit card, insurance under the same account as well. We are also planning to get married later in the summer this year.

In summary, the only thing that is lacking would be the 9 months' continuous-time together...But we are not sure what other options we have at this point other than common-law if we want to apply together. Does anyone have similar experiences before? Is CIC strict on the 1 year continuous time requirement or they evaluate case by case especially for scenarios like ours?

Much appreciated your help and suggestions!
Hunter

Common-law is a legal marital status and requires 12 months of continuous cohabitation and yes, IRCC is strict about it. If you don't have the 12 months, it's like applying as married when you aren't actually married.

Have you both received an ITA or just one of you?

 

[hunterdai92]

Common-law is a legal marital status and requires 12 months of continuous cohabitation and yes, IRCC is strict about it. If you don't have the 12 months, it's like applying as married when you aren't actually married.

Have you both received an ITA or just one of you?

Thanks. Since we applied as common-law, there is only one ITA for this common-law application. If we apply seperately my fiancee would probably not meet current ITA score since she has less work experience. I see that the best option is to decline the current common-law ITA, then get married, then apply again as married couple later in the year.

 

[canuck_in_uk]

Thanks. Since we applied as common-law, there is only one ITA for this common-law application. If we apply seperately my fiancee would probably not meet current ITA score since she has less work experience. I see that the best option is to decline the current common-law ITA, then get married, then apply again as married couple later in the year.

So the answer would be that you got the ITA. As long as you individually still have enough points to meet the ITA cut-off without her, submit your PR app as single with a letter of explanation about your mistake with common-law. Once you become common-law, add her to the app.

 

[hunterdai92]

So the answer would be that you got the ITA. As long as you individually still have enough points to meet the ITA cut-off without her, submit your PR app as single with a letter of explanation about your mistake with common-law. Once you become common-law, add her to the app.

Thanks. So basically I can continue with the current ITA app and submit everything with a letter of explanation on the common-law portion. Then, for instance, we got married while the PR app is still under review at IRCC. I can add her as a spouse to the app at that time? What happens if I receive final approval before we get married?

 

[canuck_in_uk]

Thanks. So basically I can continue with the current ITA app and submit everything with a letter of explanation on the common-law portion. Then, for instance, we got married while the PR app is still under review at IRCC. I can add her as a spouse to the app at that time? What happens if I receive final approval before we get married?

Yes, you would have to add her as soon as you become common-law or get married, whichever happens first. If you have been living together for the past 9 months, you will be common-law in 3 months and have to add her at that point.

 

[ee_fsw_outland]

Thanks. So basically I can continue with the current ITA app and submit everything with a letter of explanation on the common-law portion. Then, for instance, we got married while the PR app is still under review at IRCC. I can add her as a spouse to the app at that time? What happens if I receive final approval before we get married?

Hi hunterdai92, I wonder what you ended up doing with the ITA? Similar situation here, I lived with my partner for quite some time but there were breaks. I'm considering dropping him in my application. Did you attach a letter to explain the change? Thank you.

 

[canadain student]

Hi
I am also in the same situation, what did you end of doing?

 

[ee_fsw_outland]

Hi
I am also in the same situation, what did you end of doing?

I was also in the same situation. Having consulted many people, we had two legal options, 1) get married, no 1 year co-residence requirement for married couple, 2) remove partner from application.
I eventually removed my partner when I submitted the application. Fortunately, my score was lower but was the same as cutoff score. My PR is approved today. I won't sponsor my partner for his Canadian PR. If you will, you need pay attention to the consistency of information you provide in applications.

 

[canadain student]

I was also in the same situation. Having consulted many people, we had two legal options, 1) get married, no 1 year co-residence requirement for married couple, 2) remove partner from application.
I eventually removed my partner when I submitted the application. Fortunately, my score was lower but was the same as cutoff score. My PR is approved today. I won't sponsor my partner for his Canadian PR. If you will, you need pay attention to the consistency of information you provide in applications.

In my case i have to put her in my application if i don't disclose the relationship is will not be able to sponsor her later.
My consultant suggested to get married and skip common law but even if i get married today and i add her my spouse while applying won't it be a red flag that we did not disclose our common law?

My idea is to put her as CL and submit my application meanwhile get married and update IRCC with my marriage certificate as soon it comes. What do you think?