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Canadian living abroad with my girlfriend - Considered common law spouse?

james18666

Newbie
Feb 26, 2015
9
0
I am living in China with my Chinese girlfriend. I have not resided in Canada for the past 10 years and she has never been to Canada. I want to take her on a vacation to Canada and planning to apply for a tourist visa to "visit family or friends". Does immigration Canada consider her to be my common law spouse even though China has no such laws or recognition of common law partners? Should I fill in the IMM 5409E? If so does anyone know where to find a commissioner of oaths in China? Is it different from a Notary Public?
 

Babies0625

Hero Member
Feb 4, 2015
480
46
Calgary
james18666 said:
I am living in China with my Chinese girlfriend. I have not resided in Canada for the past 10 years and she has never been to Canada. I want to take her on a vacation to Canada and planning to apply for a tourist visa to "visit family or friends". Does immigration Canada consider her to be my common law spouse even though China has no such laws or recognition of common law partners? Should I fill in the IMM 5409E? If so does anyone know where to find a commissioner of oaths in China? Is it different from a Notary Public?
Hello james18666, I assume you're a Canadian Citizen living in China? If both of you live together there in China for more than a year & you have documents to prove like joint rentals, properties & bank accounts etc. then you are considered in a common-law relationship. You can go for a notary public to notarize the IMM5409E. Good luck! :D
 

steaky

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Nov 11, 2008
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Notary Public 公證處 is the equivalent of a commissioner of oaths in China. However, I'm not sure you can go there to notarize the IMM5409E. You might try to find a notary public in Hong Kong (probably a law office) to notarize it.