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Add common-law spouse after COPR letter, but prior to Landing.

graeme75

Member
Aug 16, 2013
16
1
When I started the FSW process, I considered myself single. However, now since I have been issued my COPR letter (but prior to landing!) I have been living with my long-term girlfriend.

The expiry date of the COPR is in November 2015. It shows my marital status as Single.

There was some question over whether we would move together to Canada, hence this is only coming up now at this late-ish stage.

Two Questions:
My question is regards proving that we have been in a long-term common law/spousal arrangement in excess of 2 years. We do not have either a joint rent agreement, nor a joint bank account. We are however on some joint bills (council tax, insurance policies) and share all expenses together, and have mail coming to the same address. We have plenty of documentary proof of foreign travel/hotels together and the like going back 3+ years. Essentially everything except joint bank account/mortgage/marriage.

Does this lack of joint bank/property/marriage cert make the process excessively difficult?

I see somewhat vague lists of documents and a questionnairre form (IMM 5490E) and also the requirement that I re-fill in a lot of the forms I provided during my initial process.

Does 6 months seem long enough for us to do this process? She will need to get Police Clearance docs from 2 countries (South Africa and UK), and do the English language test I believe, and I will have to re-submit the package.

To add to the headache, she has previously been married but separated 5 years, but is not yet divorced.

I realise that once I land at POE and confirm my status as Single, then I cannot later sponsor my common-law spouse. Should all her documents not arrive in time, and my expiry date is not extended, I will lose the ability to immigrate.

Anyone gone through this same "change things at the last moment" process?
 

scylla

VIP Member
Jun 8, 2010
97,515
23,267
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You have to return your CORP since it is no longer valid (because it was issued to you as a single person). When you return your CORP - you need to include a letter indicating you are common law and providing all of the forms and supporting paperwork to add your common law partner to your application. Once CIC has processed your common law partner, they will issue a new CORP for both of you with a new landing date.
 

graeme75

Member
Aug 16, 2013
16
1
Thank you Scylla. Do you happen to know if the common law is not proven, whether my 'single' COPR would be revoked?
 

graeme75

Member
Aug 16, 2013
16
1
Further to this, I have contacted my visa lawyer, and they have recommended that I land in Canada before myself and my girlfriend meet the one year co-habitation requirement for common law status. Once I am a landed immigrant, I can sponsor her to join me in Canada. It is important that I land before my marital status changes to common law because then the COPR will become void.

Doing all the paperwork again in this instance was not recommended.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
graeme75 said:
Further to this, I have contacted my visa lawyer, and they have recommended that I land in Canada before myself and my girlfriend meet the one year co-habitation requirement for common law status. Once I am a landed immigrant, I can sponsor her to join me in Canada. It is important that I land before my marital status changes to common law because then the COPR will become void.

Doing all the paperwork again in this instance was not recommended.
Are you absolutely 100% certain that you are not already in what CIC define as a common-law relationship?
CIC are not forgiving in this area and will hit you with an IRPR 117(9)(d) refusal if they even smell a rat... If that happens, you might have to prove that you were not, rather than CIC prove that you were.