Common Law - 1 year living together but have to leave country

[Leon]

If they can prove that they lived together for 12 months or more, I think their case is just as good as if they were married. Whether they are married or common-law, they still have to prove that their relationship is genuine.

 

[missmini]

I honestly think common-law is a waste of time. Before you leave get married. Go get a license asap, go to city hall and marry him before you go back. Marriage is more guaranteed than any other form. Is there something stopping you from marrying him?

immigration canada does not want people to get married just to be eligible to apply; the ones who felt that was the right time and they do they prepare in advance, they get engaged, they call family/friends, they send invitations, they go to honeymoon, they book places for reception church, whatever and tons and tons of more proofs; if it looks like a hasty marriage, ceremony, it is is red flag and they will ask questions abt it; even if let's say they do just the ceremony before and the rest after it is still planned....with her having to leave in a few months it's not that much time...

the difference between applying common-law and married is that for common-law u need to carefully document the one year or more cohabitation that's it....a little more work and a little more documents or maybe not cuz for married they also ask plenty of stuff abt the wedding, ceremony, etc

also the marriage fraud happen more with the married couples than with common-law; many married couples have never lived together for long time, but a common-law one has to live at least one year day in day out....that's quiet long if someone wants to cheat the system

sarah don't worry u will b fine...apply, try to stay in Canada as much as u can in a cheaper place and if u have to go back to uk it's ok, the eligibility counts until the date of the application, just show that it's temporary separation with the intent of getting back together as soon as possible....which maybe u won't even have to show since at the moment of the application u were together and they might not ask for anything after...good luck!!

 

[sarah_black]

Thanks tintin79! I think I have a good chance as we have a joint lease, lots of photos and my boyfriend's been back with me to England twice too. At what point shall I notify immigration that I've left Canada (for common law- PR sponsorship purposes)?

 

[missmini]

well the best is that if u apply while u r still in Canada...once ur visit visa would expire and u leave then maybe u could update them or wait for them to ask for updates...: check the London thread and see what other membets did....there are plenty in ur situation (staying in Ca with visit visa while the pr is in process outland)

 

[Victorfoxtrot]

Thanks tintin79! I think I have a good chance as we have a joint lease, lots of photos and my boyfriend's been back with me to England twice too. At what point shall I notify immigration that I've left Canada (for common law- PR sponsorship purposes)?

I don't think you need to do you? Just get your application in right away and it should be processed in 6 months - mine was common-law and has just been completed in a smidgen under 5 months. Save, save and save and then spend as much of the processing time in Canada as you absolutely can. Even if it means living on beans on toast, it surely must be do-able? I would be loathe to tell CIC anything at all. If you absolutely have to go home, then to be honest I still don't think I would bother saying anything. What do others think?

 

[sarah_black]

I want to go back to England even though I do have enough money saved to be able to stay, I don't want to spend it just on rent. My boyfriend and I can survive 6 or so months apart and it would also give him chance to move back with his parents to save for going to college in September.

 

[missmini]

I don't think you need to do you? Just get your application in right away and it should be processed in 6 months - mine was common-law and has just been completed in a smidgen under 5 months. Save, save and save and then spend as much of the processing time in Canada as you absolutely can. Even if it means living on beans on toast, it surely must be do-able? I would be loathe to tell CIC anything at all. If you absolutely have to go home, then to be honest I still don't think I would bother saying anything. What do others think?

initially i thought like u!!!! no update at all since it's kind of normal for her to go back since she's just on temporary stay...but on the other hand they write everywhere to update them of any changes!!!! i guess they mean major changes: a child, getting married, change of address, the sponsor getting a job if he hasn't etc...maybe others can give more conclusive reasoning

and loool to live on beans and toast, but u r right and it's just for a few months

 

[Victorfoxtrot]

I want to go back to England even though I do have enough money saved to be able to stay, I don't want to spend it just on rent. My boyfriend and I can survive 6 or so months apart and it would also give him chance to move back with his parents to save for going to college in September.

Fair point. I still don't think you even need to make mention of your future plans in your application. Send it off asap and you could have it all sorted by July and still have a nice trip back to the UK. Missmini is right - they do ask you to let them know of any changes, so you may want to update your address at a later stage (you can do this on Ecas) once you have both moved from your apartment. If they ask you (and I very much doubt they will), then you simply explain, that your visa ran out, therefore so did your employment, so you've both decided to spend a few months in the UK where you can legally work, until you can return as PR. I applied as common-law, and not once did they contact me to check we were still living together.

 

[Irishladyloo]

I would be inclined to agree with those that say leaving for the period of the application (less than six months seems to be the norm at the moment) will be totally fine. I don't even know would you have to mention it. I'm assuming you don't for two main reasons:

1) You will be applying outland -- though you certainly don't have to be outside of Canada for the duration of an outland application, it's almost assumed that you will be residing outside of Canada and waiting to be reunited with your spouse following approval. I would have thought that this visa and the outland application is specifically designed FOR people like you guys -- met while living in the same country but can no longer remain together because one or the other's visa has run out. A cursory glance at any of the threads on the boards will turn up tons and tons of people applying as common-law but separated from their spouse during outland application (not everyone can afford to/wants to remain in Canada as a visitor) and awaiting approval so they can finally be back together.

2) Anyone applying outland is free to visit Canada during their application. Similarly, an outland applicant residing in canada (as a visitor) can go home during the application process. I know Victorfoxtrot (sorry to call you out by name!) has been able to go back to the UK a couple of times to visit and has only had to present proof that she is awaiting PR/going through the process in order to obtain visitor status at the border upon her return.

Honestly, I would say if you wanted to say something to be on the safe side, explain in the application how you met, what you guys have been up to the last 18 months (one of the forms asks for how you met, how the relationship progressed etc., so that's where you'll want to give these details) and then bring that story right up to present day, finishing with the fact that you plan to apply to have your status switched to visitor when your work visa expires but it may not be financially feasible to stay in Canada as a visitor for the duration of the application process. You know, something along the lines of: "We're hoping that the application process goes quickly and smoothly so that if I do have to return to the UK, we will not have to be apart for too long." It's probably no harm to apply to have your status changed anyway. It will at least mean you don't have to leave the day your visa expires...