Common Law Assistance

[Joeydocs]

One more question for anyone who see this.
Since in December we have 12 months common law. Should we apply in December or put in the application earlier as it takes long to process?

Just make sure you have sufficient evidence of cohabitation. You should submit the app as soon as possible but if you choose to do so later that’s fine too. Whatever you choose. Just make sure you maintain legal status. The process is very long so I would just submit it given you have enough documentation demonstrating a common law relationship exists.

 

[YVR123]

One more question for anyone who see this.
Since in December we have 12 months common law. Should we apply in December or put in the application earlier as it takes long to process?

If you mean that you will become common law in December 2020, then apply AFTER you have reach common law status.

You cannot apply earlier just because you think the application will be processed after Dec. (and by the time they read your documents, you will become common law) It doesn't work that way. You signed all the paperwork, so all the fact needs to be true as of the day you sign it.

 

[twopenny]

If you mean that you will become common law in December 2020, then apply AFTER you have reach common law status.

You cannot apply earlier just because you think the application will be processed after Dec. (and by the time they read your documents, you will become common law) It doesn't work that way. You signed all the paperwork, so all the fact needs to be true as of the day you sign it.

Thank you for that clarification.
Say the application was taking over a year is she able to go home to visit for a bit and then come back on her ETA? Or is it recommended that she stays during the full process?

 

[Qwertypod]

Thank you for that clarification.
Say the application was taking over a year is she able to go home to visit for a bit and then come back on her ETA? Or is it recommended that she stays during the full process?

2-3 weeks away seems to be okay, but nothing more than that. With the current situation, anything can happen and she might not be able to return and the application will be forfeit at that point. But we are talking about 2021, so maybe things will be better then.

 

[Helena2]

One more question for anyone who see this.
Since in December we have 12 months common law. Should we apply in December or put in the application earlier as it takes long to process?

Just curious, why not get marriage certificate since you both living and slepping together already? Is it better for both of you to make it official on paper? If I were the officer looking at your app, I would ask the questions.
I have a question: is there an advantage in Canada for status of common law over married?

 

[AutumnSkies]

Just curious, why not get marriage certificate since you both living and slepping together already? Is it better for both of you to make it official on paper? If I were the officer looking at your app, I would ask the questions.
I have a question: is there an advantage in Canada for status of common law over married?

No advantage. Common law in Canada is treated the same as marriage, as it is a ‘marriage-like’ relationship. You just don’t have the extra piece of paperwork. (Marraige certificate) In fact, the disadvantage to common law is you have to live together at the same address consecutively for one year, which you don’t have to do for marriage.

While my husband and I would have easily qualified for common law, we basically thought the same as you. Why not get married? We’ve already been together eight years, so we eloped and added the extra paperwork. Doesn’t hurt to add it for the extra proof.