Applied as common law but planning to get married recently

[alex0987]

Hi, I submitted my sponsorship application as Outland Common-Law partner and received file number.


We plan to get married next month, will this change or increase the processing time? Or cause any problems, more scrutiny for my current application? If not, does it help me getting approved in any ways?


I know I have to upload my marriage certificate by webform later, but what about all the forms asking about our marriage history and status. Do I have to update all the forms by webform as well?


Thank you guys so much.

 

[armoured]

Just update with your marriage certificate and a note that you got married; if you thought your relationship info was thin, you might include a few photos of the wedding/reception.

Depending what stage the processing is at, it might speed up the evaluation of the file - basically making it easier to pass/meet the test of the validity of the common law relationship (evidence of 12 months residing together + relationship info). Obviously if the common law evidence was really thin or outright deficient, it might help a lot (avoid request for more info or PFL or even refusal).

Since sometimes that 'residing together as a couple' info requires a subjective analysis (as opposed to the more simple 'is the marriage certificate valid'* test), it can make it easier for the IRCC officer to decide/approve. But that's in case where it comes at the right time (before the common law evaluated) and the common law info is either really voluminous or hard to evaluate; otherwise the difference might be unnoticeable.

Keep in mind for straigthforward cases this is low down on the list of things that slow an application - security and some other factors often/usually most important.

*There is technically a bit more, like confirm it's not bigamous (eg if person was married/not divorced), or a proxy marriage, but probably won't come up in this context.

 

[alex0987]

Just update with your marriage certificate and a note that you got married; if you thought your relationship info was thin, you might include a few photos of the wedding/reception.

Depending what stage the processing is at, it might speed up the evaluation of the file - basically making it easier to pass/meet the test of the validity of the common law relationship (evidence of 12 months residing together + relationship info). Obviously if the common law evidence was really thin or outright deficient, it might help a lot (avoid request for more info or PFL or even refusal).

Since sometimes that 'residing together as a couple' info requires a subjective analysis (as opposed to the more simple 'is the marriage certificate valid'* test), it can make it easier for the IRCC officer to decide/approve. But that's in case where it comes at the right time (before the common law evaluated) and the common law info is either really voluminous or hard to evaluate; otherwise the difference might be unnoticeable.

Keep in mind for straigthforward cases this is low down on the list of things that slow an application - security and some other factors often/usually most important.

*There is technically a bit more, like confirm it's not bigamous (eg if person was married/not divorced), or a proxy marriage, but probably won't come up in this context.

Thanks for the info. It helps a lot.

For proof of our common law relationship, I provided our rental agreement, joint phone bill, joint band account, same address letters we received. Also some travel records we have in common. A lot of documents were provided.

1. My biggest concern is that I started the CL relationship with my current common law partner only 1 month after my separation with my previous common law partner.
I am so worried that only 1 month window period is too short and I entered into another common law relationship so quickly. In my application, I gave detailed explanation that we(my current partner) had known each other for long time and had solid emotional basis that's why it was quick. But our relationship is for real, and we just plan to get married recently.

2. Our 12 months cohabitation was from Feb 2022 to Feb 2023. I returned to Canada later and we maintained our relationship continuously but we cannot live together as his TRV visa got denied. Someone told me that from Feb 2023 to the present, we did not live together since Feb 2023 for a long time so assessing our outland common law relationship can be a real challenge.

What are my best options now? Thanks so much.

 

[armoured]

What are my best options now? Thanks so much.

Get married, as you planned. After the ceremony, provide whatever you get at the ceremony (usually not the final required marriage certificate - depends on jurisdiction - but something showing marriage carried out) and a couple photos. Include a short note saying we got married but marriage certificate will only be available in [timeframe] and we will provide when available.

Then provide a copy of the marriage certificate when available (with translation etc if needed).

I don't think you have so much to worry about. The marriage info in your case should help.

 

[alex0987]

Get married, as you planned. After the ceremony, provide whatever you get at the ceremony (usually not the final required marriage certificate - depends on jurisdiction - but something showing marriage carried out) and a couple photos. Include a short note saying we got married but marriage certificate will only be available in [timeframe] and we will provide when available.

Then provide a copy of the marriage certificate when available (with translation etc if needed).

I don't think you have so much to worry about. The marriage info in your case should help.

Thanks so much again for the info, it really helps.

I actually consulted few IRCC licensed consultants.
They all told me 1 month window period is so short and they barely recommend outland common law to clients as it can be hard to proof since some jurisdiction do not recognize the common law relationship by the law. Let alone the long distance relationship we keep now after 1 year cohabitation.

 

[armoured]

They all told me 1 month window period is so short

I don't know what this means, the 1 month window period.

I don't agree with the rest of what they said (the foreign jurisdictions part is not relevant anyway), but whatever.

Bottom line is that you've already applied, and getting married and providing the info will help. We just don't know how much it will help.

 

[alex0987]

I don't know what this means, the 1 month window period.

I don't agree with the rest of what they said (the foreign jurisdictions part is not relevant anyway), but whatever.

Bottom line is that you've already applied, and getting married and providing the info will help. We just don't know how much it will help.

They told me I was only being single for 1 month and then got into another relationship. I ended my previous common law relationship in Dec 2021. After 1 month, I started another common law relationship, which the consultants said may raise IRCC attention.

 

[armoured]

They told me I was only being single for 1 month and then got into another relationship. I ended my previous common law relationship in Dec 2021. After 1 month, I started another common law relationship, which the consultants said may raise IRCC attention.

I think the more important thing is the quality of evidence for residing together. At any rate, what's done is done, getting married will help.

 

[canuck78]

Think there are lots of potential red flags for your application. Why did your current common law partner leave Canada? How long had you lived together in a common law relationship before they left Canada? You and your previous common law appear to have been roommates with your current common law partner so a lot of timelines overlap along with when you and your previous partner landed as PRs. Based on your other post your previous common law partner may not have been living with you full-time up to the point when you got PR. You almost immediately started claiming you were living with your new partner and were no longer just as roommates or roommates who were dating. When did your previous partner move out? Were they living with you full-time before and after receiving PR? Would your previous partner have qualified for PR on their own?

 

[armoured]

Think there are lots of potential red flags for your application. Why did your current common law partner leave Canada? How long had you lived together in a common law relationship before they left Canada? You and your previous common law appear to have been roommates with your current common law partner so a lot of timelines overlap along with when you and your previous partner landed as PRs. Based on your other post your previous common law partner may not have been living with you full-time up to the point when you got PR. You almost immediately started claiming you were living with your new partner and were no longer just as roommates or roommates who were dating. When did your previous partner move out? Were they living with you full-time before and after receiving PR? Would your previous partner have qualified for PR on their own?

All good points. I haven't tried to sleuth the other parts of the OP's background and file, so don't know.

 

[YVR123]

Kept living together with first partner till we got PR by Express Entry program. After few months we got PR, we broke up.
And then I started new relationship with new partner for 12 months of residing together outside Canada. New partner's TRV got denied so we cannot live together now as I have to return Canada to submit the sponsorship for the new partner.

So your ex and current common law partners both lived with you at the same address outside of Canada? And you and your ex left for Canada to land as PR and lived in Canada for a few months?
And you returned to your home country and lived with your new common law partner at a same/different address??
And your new common law partner applied for TRV and got denial and then now you returned to Canada and planning to apply for sponsorship?
Or did you left after 12 months cohabitation and apply for sponsorship and then he applied for TRV with AOR?

Your timeline is a bit confusing.

 

[canuck78]

Yes to all questions. And the denied TRV was after AOR.

This is a mess. This also puts into doubt whether the first partner should have been included in your PR application. Looks like you may spent minimal time in Canada with the 1st common law partner (how long?) after landing and then broke up, left Canada and started another common law relationship right away with someone you had been living with as a roommate or potentially more. This is a highly unusual situation. What happened to the first common law partner? Do you have proof of cohabitation in Canada? Did they remain in Canada? As a couple you would have either both relocated to Canada on a permanent basis or both planned on a short landing and leaving together.

How long did you live with the 2nd common law partner before returning to Canada? Longer than 12 months?

 

[armoured]

Yes to all questions. And the denied TRV was after AOR.

So when you asked about your plan to get married next month, you didn't yet have the TRV? That doesn't quite rise to the level of 'plan.'

Did you just receive the TRV refusal today?

 

[armoured]

This is a mess.

I concur.

@alex0987, this may surprise you, but most of us don't / can't try to track and figure out all the details you disclose in different threads.

You've left out significant details. Your case is potentially a lot more problematic than it seemed. These don't sound like minor issues.

Good luck. I for one don't have time to figure this out. I suggest you consult with a decent lawyer. Not consultants - lawyers.

 

[alex0987]

This is a mess. This also puts into doubt whether the first partner should have been included in your PR application. Looks like you may spent minimal time in Canada with the 1st common law partner (how long?) after landing and then broke up, left Canada and started another common law relationship right away with someone you had been living with as a roommate or potentially more. This is a highly unusual situation. What happened to the first common law partner? Do you have proof of cohabitation in Canada? Did they remain in Canada? As a couple you would have either both relocated to Canada on a permanent basis or both planned on a short landing and leaving together.

How long did you live with the 2nd common law partner before returning to Canada? Longer than 12 months?

Okay. So for Express entry program. After PR approval, both of us(first partner and I) still have to maintain relationship and living together? Are there rules restricting the break up after PR approval?

Yes, longer than 12 months.