Common law documents?

[Ace241283]

Hi,

My girlfriend and I are planning to come back to Canada in a few months, I'm British and she's Canadian. We have been together for nearly two years and will have been in a common law relationship from the 18th of this month. However we don't have any documents to prove that we've be together, such as lease agreements or utility bills. This is because we've been living with my parents and her parents for the last 12 months. If we got a notorized later from both our parents, would that be sufficient for a common law visa?

 

[Ponga]

Not likely, because that's not very compelling evidence in the eyes of CIC. Having said that, there was one applicant a couple of years ago (she was from the U.S.) and that was pretty much the only thing she included...and was astonishingly approved. I've never heard of another case like hers being approved, but...


The Common-Law Sponsorship burden of proof is pretty hefty. You might be wasting your time and money, but you can certainly try.

Is marriage an option? If not, perhaps waiting a year, until you can gather evidence is your best option. She could likely `visit' you in Canada, then apply to extend her stay as a visitor, to meet the cohabiting requirement to qualify for CL.

Good luck!

 

[lukeaidan97]

I agree with the above post, a notarized letter from your family members or friends will not be sufficient enough proof in the eyes of the Immigration Officer. If you search Common Law Sponsorship Document Checklist online on the IRCC website this tells you what information you are required to submit. This is a good way at seeing whether you have any of the required documents or not for the application. Only sending one or two notarized letters are only going to make the I/O request additional proof off you. A option for you been a British Citizen would be to participate in the IEC Canada 24 month open work permit program or apply for a Student Visa.

 

[Ace241283]

Well we did live together with her parents for 5 months in Saskatchewan last year (from 18th May) So they should have a record of my living with her there shouldn't they? Since October last year we've lived with my parents in the UK. We did live together in Australia before that but spent a few months apart while she travelled Asia. So we can't technically start our common law from there. We have plenty of history to show Facebook etc. But I guess they want something more concrete?

We do want to get married at some point, but not for a visa.

Is the open work program the same a working holiday visa? I'm 33 so too old to apply for that unfortunately.

Thank you for your replies. I appreciate all the help and knowledge I can find on this!

 

[spousalsponsee]

Well we did live together with her parents for 5 months in Saskatchewan last year (from 18th May) So they should have a record of my living with her there shouldn't they? Since October last year we've lived with my parents in the UK. We did live together in Australia before that but spent a few months apart while she travelled Asia. So we can't technically start our common law from there. We have plenty of history to show Facebook etc. But I guess they want something more concrete?

We do want to get married at some point, but not for a visa.

Is the open work program the same a working holiday visa? I'm 33 so too old to apply for that unfortunately.

Thank you for your replies. I appreciate all the help and knowledge I can find on this!

IRCC won't have any proof/idea you were living together in Sask - they may know from entry/exit records that you were in Canada, but that doesn't prove anything about where you were living, or who with.

You do need proof if you're applying through common law, that the common law union has existed for at least 365 continuous days, somewhere. Notarised documents from both parents with one ending, and the next one starting immediately might help, but is unlikely to be enough on its own - things like phone bills or bank accounts showing the same address would be helpful.

If your relationship is committed and enduring and you're going to find it impossible to prove a common law union, then you have two options: live together for another year (this time documenting it all as you go), or get married - eg a small civil ceremony. You can have a larger one with parties later, which would merely be the celebration rather than legal union.