Are we still common law?

[Canada8197]

Hi, just want to clear this off my mind.
We were initially going to get married but changed to common-law as we realized that we want to save up for a big wedding later on, not a rushed one now.
We HAVE been living together for a year for sure, ever since landing in June 2016. However, joint accounts, credit cards, declaration of common law etc are all not done until this year as we did not previously know of the common law route. Question is, are we still considered a common law couple? We have lived together for over a year now for sure but the official documents were definitely not done until starting of April this year. Please help!

 

[scylla]

You need to be able to provide proof that you've lived together for a full year. Evidence starting in April of this year unfortunately won't cut it. You must be able to provide something that shows the full year. Can you get an affidavit from your landlord if you were renting?

 

[Canada8197]

You need to be able to provide proof that you've lived together for a full year. Evidence starting in April of this year unfortunately won't cut it. You must be able to provide something that shows the full year. Can you get an affidavit from your landlord if you were renting?

We live with his father and we are getting a notarized translated document stating that we lived together for one year since June. Is that enough? (his mother does not live in Canada.) we do not pay rent or anything to save money, so his father is the only proof. Edit: so I would get the document officially translated, and then signed and stamped by a notary public. Is that all?

Edit : we are also able to get affidavits from his friends and aunt acknowledging that we have been living together since June 18. Would that help?

 

[Canada8197]

Does anybody have a rough idea? Up until now we were really confident, but now I'm extremely worried.

I am unable to provide my father, mother and sisters information and I haven't had contact in years, nor do I plan on them coming. I know medicals are a must if they're listed but I do not want to sponsor them and I don't remember their details either. Will not listing them negatively affect my application?

 

[Aloaleja]

Does anybody have a rough idea? Up until now we were really confident, but now I'm extremely worried.

I am unable to provide my father, mother and sisters information and I haven't had contact in years, nor do I plan on them coming. I know medicals are a must if they're listed but I do not want to sponsor them and I don't remember their details either. Will not listing them negatively affect my application?

You are not required to provided medicals for parents or siblings when applying under common-law/spouse sponsorship. only Principal Applicant and dependents (like if you have kids and they are not Canadian) as for the information of your other relatives you can give as much as you know, DOB and current addresses, if you don't have the full address you can just give city and country, so I don't really think it would be a problem not having full info.
I hope this info helps you.

 

[canadianwoman]

When CIC asks about family members, they do not means parents, siblings, cousins, etc. They mean the sponsor's spouse or common-law or conjugal partner, and that person's dependent children. These people need to have medicals. Your parents and siblings do not.
However, for the form Additional Family Information, CIC does want you to list your parents, any children, and all siblings, including half and step siblings. This is just for CIC's information - these people are not part of the application. You must list them, even if you will never sponsor them, even if they are dead, and even if you do not have all their information. For any information you do not have, just attach a separate sheet of paper and explain why you don't have the person's current address, or whatever other info is missing.

 

[Canada8197]

When CIC asks about family members, they do not means parents, siblings, cousins, etc. They mean the sponsor's spouse or common-law or conjugal partner, and that person's dependent children. These people need to have medicals. Your parents and siblings do not.
However, for the form Additional Family Information, CIC does want you to list your parents, any children, and all siblings, including half and step siblings. This is just for CIC's information - these people are not part of the application. You must list them, even if you will never sponsor them, even if they are dead, and even if you do not have all their information. For any information you do not have, just attach a separate sheet of paper and explain why you don't have the person's current address, or whatever other info is missing.

Thanks canadianwoman. My only doubt and fear right not is whether or not an affidavit signed and stamped by a notary public from his father and aunt (his mother does not live in Canada) and close friends is enough to prove that I've been living with him for a year... I truly hope that it will be enough. Please advise me on that, as most of our conjoint stuff such as bank, and beneficiaries were not done until this year due to the fact that we changed our minds and decided to get married later on instead. Will that negatively affect our application?

 

[Helena R]

Hi there,

For the common-law issue, it will be ok, just get that paper ou mention, plus letters from people that know about your relationship being genuine and ongoing, and if you´re applying for Work Permit, they ask you to fill out the statutory declaration of Common-law union, signed by a notary. That is enough proof.

It doesn´t matter when you got your joint account, you are still common-law

 

[Canada8197]

Hi there,

For the common-law issue, it will be ok, just get that paper ou mention, plus letters from people that know about your relationship being genuine and ongoing, and if you´re applying for Work Permit, they ask you to fill out the statutory declaration of Common-law union, signed by a notary. That is enough proof.

It doesn´t matter when you got your joint account, you are still common-law

Oh my gosh, you don't know how RELIEVED I am! We will get a lot of letters for sure. 100%. They all have to be notarized I assume?
I was also away in Calgary from him for 30 days... This was due to an emergency where his grandmother had been in a severe car accident and she was in critical condition. He could not go due to work commitments and i went in his stead as I do not /can not work. All I can get is his aunt's letter plus a picture of her license by the letter to help prove I was there for emergency needs, not leisure. I hope that's enough....

I'm seriously considering Outland as I'm afraid of rejection from inland, as inland has no appeal rights..

 

[Helena R]

Yes, don´t panick, you had valid reasons, that´s all right.

The letters from people that know you don´t have to be notarized.

What's important is proof that you lived together for at least 1 year, and having something together like the bank account. Your declaration of common-law union has to say WHEN you started cohabitating, to show that it´s been 1 year, regardless that the declaration itself was recently made.

Hope it´s clear

So... all is good

 

[Canada8197]

Yes, don´t panick, you had valid reasons, that´s all right.

The letters from people that know you don´t have to be notarized.

What's important is proof that you lived together for at least 1 year, and having something together like the bank account. Your declaration of common-law union has to say WHEN you started cohabitating, to show that it´s been 1 year, regardless that the declaration itself was recently made.

Hope it´s clear

So... all is good

Thank you so so much! I have itinerary showing I landed on a specific date in June 2016. As long as his father, aunt and friends provide letters acknowledging that we have been living together non stop except for the one month break, we are good to go I assume!

I feel so much better, thank you so much. The only decision I'm still unsure of is inland Vs Outland.

Again, MUCH appreciated. Thank you so so much.

 

[Helena R]

I don´t think you have to say that you were away for 1 month, as you didn´t move out right ? You were coming back, you didn´t change address or took ALL your stuff, these things can happen, it woul not be even omitting, it just does not mean you were not leaving together, that´s it. It doesn´t really need to be pointed out because you didn´t move out.

 

[Helena R]

You know the differences right ?

Inland: you can apply for Open Work Permit at the same time, it takes average 3 months, once yoiu get it if you get a job you can apply for health car which takes another 3 months to get activated. However, you are not supposed to leave Canada during the process; however -again- you can travel once you get your OWP

Outland: you can travel in and out of Canada, not like crazy though, they don´t like when you move so much, but you´re not required to stay; but you cannot apply for an OWP. Depending on which country is the applicant it could be faster.

Well, you´re very welcome

 

[Canada8197]

You know the differences right ?

Inland: you can apply for Open Work Permit at the same time, it takes average 3 months, once yoiu get it if you get a job you can apply for health car which takes another 3 months to get activated. However, you are not supposed to leave Canada during the process; however -again- you can travel once you get your OWP

Outland: you can travel in and out of Canada, not like crazy though, they don´t like when you move so much, but you´re not required to stay; but you cannot apply for an OWP. Depending on which country is the applicant it could be faster.

Well, you´re very welcome

Yep! However I know that if inland application is rejected, you can not appeal the case, only resubmit. Outland gives you the ability to appeal if a case is rejected, but if theres interview required, id have to go back to nz. However I was told that it was more unlikely for me due to me not being from a visa required country.

And I'm going to mention the one month break just to be honest, since it was definitely for a legitimate reason.

 

[canuck_in_uk]

Oh my gosh, you don't know how RELIEVED I am! We will get a lot of letters for sure. 100%. They all have to be notarized I assume?
I was also away in Calgary from him for 30 days... This was due to an emergency where his grandmother had been in a severe car accident and she was in critical condition. He could not go due to work commitments and i went in his stead as I do not /can not work. All I can get is his aunt's letter plus a picture of her license by the letter to help prove I was there for emergency needs, not leisure. I hope that's enough....

I'm seriously considering Outland as I'm afraid of rejection from inland, as inland has no appeal rights..

Yep! However I know that if inland application is rejected, you can not appeal the case, only resubmit. Outland gives you the ability to appeal if a case is rejected, but if theres interview required, id have to go back to nz. However I was told that it was more unlikely for me due to me not being from a visa required country.

And I'm going to mention the one month break just to be honest, since it was definitely for a legitimate reason.

Well, I am going to disagree with pretty much everything the previous poster said.

In your previous threads where I have replied, you never mentioned the fact that your cohabitation proofs only start April 2017 and that you spent one month apart.

Letters from family and friends don't prove common-law. Anyone can write a letter saying whatever they want and even have it notarized. You need mail/statements/utility bills/etc. showing you have both been at that address for at least a year. A notarized letter from the father in place of a lease is only really good when you have the other proofs backing up the one year of cohabitation. If you had other proofs starting within a few months of June 2016, it may have been acceptable, but when all of your other proofs start April 2017, I don't think it will be.

When establishing common-law, it needs to be one continuous year of cohabitation. Short separations are OK but unfortunately, there is no actual definition of what IRCC considers "short". Generally, we say no more than 2-3 weeks. One month could definitely be seen as a break in the common-law count. If you do apply with this one month separation, I suggest you submit a lot more than a letter from his aunt; get proof of the grandmother's accident, hospital records, proof of her relationship to her grandson, a letter from his employer showing that he couldn't get time off to go himself etc.

As I said in another of your threads, you should really take the appeal factor out of consideration. Appeals are really only for cases where IRCC determines that the relationship isn't genuine; that determination is subjective and can be argued. If you are refused, it would be for failing to meet the basic requirement of being common-law due to the lack of common-law proof or that one month gap. An appeal would most likely be refused. It would be far simpler and faster to fix the problem (i.e. get married or get a full year of provable cohabitation).