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Common-law apply independently or together?

ziofil

Member
Aug 11, 2016
11
0
Hi
I've tried looking up this topic here in the forum but I could't quite find what I was looking for, so here's my question:

I'm in a Common-law relationship since June 2016. We both have a PhD and have been working in Canada for 1+ years. We have gathered all the documents for our PR application and we are to all effects in the same position/status (we even work in the same place and got almost identical CELPIP scores).
Now, is it better (i.e. faster/easier) for us to:
1) Make two applications replying YES to the question whether the partner is accompanying us?
2) Make two applications replying NO to the question whether the partner is accompanying us?
3) Apply together (as in, only one of us applies) and obviously replying YES to the question whether the partner is accompanying us?

Is option 1 gonna be problematic because they will receive two full PR applications where we cross-reference each other as spouse?
Is option 2 misrepresentation?
Is option 3 going to be very slow because the spouse is not the main applicant?

Thank you in advance!
 

scylla

VIP Member
Jun 8, 2010
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Toronto
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How many points to each of you have under EE?
 

ButterflyChemist

Hero Member
Jun 24, 2014
761
45
ziofil said:
Hi
I've tried looking up this topic here in the forum but I could't quite find what I was looking for, so here's my question:

I'm in a Common-law relationship since June 2016. We both have a PhD and have been working in Canada for 1+ years. We have gathered all the documents for our PR application and we are to all effects in the same position/status (we even work in the same place and got almost identical CELPIP scores).
Now, is it better (i.e. faster/easier) for us to:
1) Make two applications replying YES to the question whether the partner is accompanying us?
2) Make two applications replying NO to the question whether the partner is accompanying us?
3) Apply together (as in, only one of us applies) and obviously replying YES to the question whether the partner is accompanying us?

Is option 1 gonna be problematic because they will receive two full PR applications where we cross-reference each other as spouse?
Is option 2 misrepresentation?
Is option 3 going to be very slow because the spouse is not the main applicant?

Thank you in advance!
You have to have lived together for a year in order to be viewed as common law for the purposes of immigration. So applying together is not an option.
 

ziofil

Member
Aug 11, 2016
11
0
@scylla
We both have slightly above 490 points. (No permanent job offer, but the PhD helps).

@ButterflyChemist
We have been living together for more than a year, or did you mean that we need to have lived together for more than 1 year from the beginning of the common-law partnership status?
 

jes_ON

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Jun 22, 2009
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ziofil said:
We have been living together for more than a year, or did you mean that we need to have lived together for more than 1 year from the beginning of the common-law partnership status?
I think ButterflyChemist thinks you started living together in June 2016. In your first post, you stated that your common-law status started in June 2016. Do you mean you started living together in June 2015? If yes, then you are indeed common-law.

You have two choices - have one application with CLP accompanying, or you can each apply with CLP accompanying. It is not valid to claim that your CLP is 'not accompanying' if they are already here and you're living together : )

Since your score for each is 490 + pts, then it really doesn't matter who the PA is - apply! One application is sufficient.
 

ziofil

Member
Aug 11, 2016
11
0
Yes, we have been living together since 2015, sorry for the confusion! Excellent, that's what I wanted to know thank you all so much! : )
I also have another question, but I will search the forum first before posting again.
 

HInland

Star Member
Jul 24, 2016
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Ontario
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If you decide to apply together as common law or to mention your common law relationship CIC might request a "statutory declaration of a common-law union" signed by a notary.
 

Gregor.Samsa

Hero Member
Feb 7, 2015
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I would like to recommend you both create a EE profile to know the real score, including each other as common-law partner.

If you get the same score above 480 most probably you'll get two ITA, so you guys should refuse one of then to avoid complications.

If you don't want to "steal" an opportunity to other applicant you can withdraw one profile before get ITA
 

ziofil

Member
Aug 11, 2016
11
0
@Gregor.Samsa
Are you saying that we can create another profile even if I already received the ITA?
 

istari

Champion Member
Jul 5, 2016
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ziofil said:
@Gregor.Samsa
Are you saying that we can create another profile even if I already received the ITA?
No, not it you've already received ITA on a profile that includes you both.
 

istari

Champion Member
Jul 5, 2016
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ziofil said:
Ok. Then I won't do it, because the post-ITA profile does include us both.
Gregor.Samsa was recommending that you create 2 profiles so that you'd know which of you had a better chance of receiving an ITA. If you've already received an ITA, it doesn't matter which of you has a higher score.
 

Gregor.Samsa

Hero Member
Feb 7, 2015
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istari said:
Gregor.Samsa was recommending that you create 2 profiles so that you'd know which of you had a better chance of receiving an ITA. If you've already received an ITA, it doesn't matter which of you has a higher score.
Right!

If you got ITA for a profile where you both are included just go with it

Good luck