Applying as Common Law vs. Married

[richrf]

Hi everyone,

This is my first post.

I am a U.S. citizen and my common-law wife is a dual citizen of U.S. and Canada. She lived in Canada for 23 years before joining me in the States. We were married for 32 years and then we divorced. We recently came back together again. Our joint ownership of our bank accounts were never severed (even after the divorce) so we have remained as partners for about 38 years. The property was transferred into my name a few years after the divorce but we can transfer the property back so that it is jointly held with no problems.

The question I have is that we would like to begin the sponsorship process and would like to apply as common-law partners. However, it is not a major obstacle to get married again (we would prefer not to at this time), if getting approved as common-law partners is iffy. We would like some advice on what we should do. Thank you for your assistance.

 

[smokijoe]

There's nothing stopping you from applying as common law. All you need is to have been cohabiting for 12 months consecutively.

 

[richrf]

There's nothing stopping you from applying as common law. All you need is to have been cohabiting for 12 months consecutively.

\

Thanks for the prompt reply. Appreciate it.

We are only concerned that it may hold up the process. We are thinking about moving to Toronto within a year or two. If it is a straightforward process to apply as common-law then that would be preferred at this time.

 

[canadianwoman]

You say you recently got back together again. To apply common-law, you have to have been living together for one year or more - in your current relationship. The years before you divorced don't count as part of the 'one year or more' requirement.

 

[richrf]

You say you recently got back together again. To apply common-law, you have to have been living together for one year or more - in your current relationship. The years before you divorced don't count as part of the 'one year or more' requirement.

Thank you for the clarification. We got back together over a year ago, so we meet this requirement.