Common in law/ spouse

[omarjamalkhatib]

Guys I am a Canadian permanent resident who's in a relationship with a Japanese girl who's currently in Japan We met in Canada, she was here as a student for a year and a half and she went back by the end of the last year my question is we have been in relationship for nearly 2 years now and she wants to come to Canada and live with me but we are still young to get married by law is she considered a spouse or a common in law and does the long distance relationship period count or not thanks. Please help and give me all the requirements and information that you have on this.

 

[Hurlabrick]

Guys I am a Canadian permanent resident who's in a relationship with a Japanese girl who's currently in Japan We met in Canada, she was here as a student for a year and a half and she went back by the end of the last year my question is we have been in relationship for nearly 2 years now and she wants to come to Canada and live with me but we are still young to get married by law is she considered a spouse or a common in law and does the long distance relationship period count or not thanks. Please help and give me all the requirements and information that you have on this.

To qualify for common law spousal sponsorship, you must have been liv8ng together continuously for at least 12 months and be able to prove it (CIC checklist and on line help lists proof documents). There is no latitude on this at all. Alternatively either get married, or you go out to Japan or she comes to Canada as a visitor and you live together for 12 months.

 

[omarjamalkhatib]

To qualify for common law spousal sponsorship, you must have been liv8ng together continuously for at least 12 months and be able to prove it (CIC checklist and on line help lists proof documents). There is no latitude on this at all. Alternatively either get married, or you go out to Japan or she comes to Canada as a visitor and you live together for 12 months.

Aha thanks alot so it need to be continuously because we lived togther for 6 months during that period. But wouldn't count and I have read that we need to be togther for 2 years or something like that, that's why am confused.

 

[Hurlabrick]

Never heard of tge two years thing. Requirement is 12 months CONTINUOUS (NOT cumulative)

 

[omarjamalkhatib]

Never heard of tge two years thing. Requirement is 12 months CONTINUOUS (NOT cumulative)

B.C.'s Family Law Act
3 (1) A person is a spouse for the purposes of this Act if the person

(a) is married to another person, or

(b) has lived with another person in a marriage-like relationship, and

(i) has done so for a continuous period of at least 2 years, or

(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.

 

[Hurlabrick]

B.C.'s Family Law Act
3 (1) A person is a spouse for the purposes of this Act if the person

(a) is married to another person, or

(b) has lived with another person in a marriage-like relationship, and

(i) has done so for a continuous period of at least 2 years, or

(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.

BCs family law act has nothing to do with the definition of common law for the purposes of spousal sponsorship.

 

[zardoz]

B.C.'s Family Law Act
3 (1) A person is a spouse for the purposes of this Act if the person

(a) is married to another person, or

(b) has lived with another person in a marriage-like relationship, and

(i) has done so for a continuous period of at least 2 years, or

(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.

This is irrelevant for immigration purposes. Not the same definitions.

 

[omarjamalkhatib]

BCs family law act has nothing to do with the definition of common law for the purposes of spousal sponsorship.

Thanks.

 

[zardoz]

Thanks.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14
For my spousal sponsorship application, what is a common-law partner?
Your common-law partner:

• isn’t legally married to you
• can be either sex
• is 18 or older
• has been living with you for at least 12 consecutive months, meaning:
  • you’ve been living together continuously for one year, without any long periods apart
  • if either of you left your home it was for:
    • family obligations
    • work or business travel
  • any time spent away from each other must have been:
    • short
    • temporary

When at least one partner chooses to end the relationship, we consider the partnership to be over.

You will need to give proof of your common-law relationship.

 

[omarjamalkhatib]

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14
For my spousal sponsorship application, what is a common-law partner?
Your common-law partner:

• isn’t legally married to you
• can be either sex
• is 18 or older
• has been living with you for at least 12 consecutive months, meaning:
  • you’ve been living together continuously for one year, without any long periods apart
  • if either of you left your home it was for:
    • family obligations
    • work or business travel
  • any time spent away from each other must have been:
    • short
    • temporary

When at least one partner chooses to end the relationship, we consider the partnership to be over.

You will need to give proof of your common-law relationship.

Thanks alot♡.

 

[ankh]

To qualify for common law spousal sponsorship, you must have been liv8ng together continuously for at least 12 months and be able to prove it (CIC checklist and on line help lists proof documents). There is no latitude on this at all. Alternatively either get married, or you go out to Japan or she comes to Canada as a visitor and you live together for 12 months.

Trying to find information regarding if its easier to proof the status of your relationship by marriage if you can not provide the necessary documents stating you have been in an common-law relationship for the necessary time frame.

Hope to gain some information regarding this. Thanks

 

[Qwertypod]

Trying to find information regarding if its easier to proof the status of your relationship by marriage if you can not provide the necessary documents stating you have been in an common-law relationship for the necessary time frame.

Hope to gain some information regarding this. Thanks

It's not necessarily easier to prove a marriage vs. Common law. You dont need to show continuous cohabitation for 12 months in a marriage, but you still need to provide enough proof of a genuine marriage (ie. not look like a marriage of convenience for immigration purposes). So photos of the relationship at different points in time, family support proofs, shared expenses and ownership, and obviously shared cohabitation.

 

[Garry21]

It's not necessarily easier to prove a marriage vs. Common law. You dont need to show continuous cohabitation for 12 months in a marriage, but you still need to provide enough proof of a genuine marriage (ie. not look like a marriage of convenience for immigration purposes). So photos of the relationship at different points in time, family support proofs, shared expenses and ownership, and obviously shared cohabitation.

Common law is hard to prove than marriage

 

[Qwertypod]

Common law is hard to prove than marriage

I agree that there is more documentation needed to prove common-law, but if the relationship is genuine, neither common-law nor marriage should be hard to prove if you have spent considerable time together.