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Common law inland and getting married

Jan 27, 2019
1
0
Hello members, need some help, i received my visa extension until 10/20 and i make 1year in september, we wanted to get married earlier on so that i would apply for spousal sponsership but we couldnt get a marriage license coz the city hall in my town wasnt issuing any due to covid, so am getting married next month but getting a marriage certificate takes like 8weeks to get. And my extension will have expired by then so am opting to apply for common law then after i get the marriage certificate i can update IRCC, so my question is, is this acceptable by IRRC.
Thanks
 

mashulia_26

Hero Member
Apr 6, 2018
356
119
Hello members, need some help, i received my visa extension until 10/20 and i make 1year in september, we wanted to get married earlier on so that i would apply for spousal sponsership but we couldnt get a marriage license coz the city hall in my town wasnt issuing any due to covid, so am getting married next month but getting a marriage certificate takes like 8weeks to get. And my extension will have expired by then so am opting to apply for common law then after i get the marriage certificate i can update IRCC, so my question is, is this acceptable by IRRC.
Thanks
You have to wait and apply as married if you're legally married. Or not get married and apply as common law. One or the other.
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
You have to wait and apply as married if you're legally married. Or not get married and apply as common law. One or the other.
You can apply as common-law and later send a marriage certificate, this isn't an issue.

Proving that you are common-law is frequently more of an issue.
 

Vendi

Star Member
Apr 26, 2018
135
6
Thank you for your response, i have all to prove for common law, so its not an issue to submite common law and get married its want i wasnt sure about
 

mashulia_26

Hero Member
Apr 6, 2018
356
119
You can apply as common-law and later send a marriage certificate, this isn't an issue.

Proving that you are common-law is frequently more of an issue.
They would be already married (not common law) and not get married during the sponsorship process.
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,421
Thank you for your response, i have all to prove for common law, so its not an issue to submite common law and get married its want i wasnt sure about
Submitting as common law in September after 12 months as common law is not a problem but getting married in August if that was the plan and then submitting as common law in September is a problem given you would already be married and no longer common law. So either you submit as common law before marriage and update IRCC with the marriage or you submit as married.
 
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k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
Submitting as common law in September after 12 months as common law is not a problem but getting married in August if that was the plan and then submitting as common law in September is a problem given you would already be married and no longer common law. So either you submit as common law before marriage and update IRCC with the marriage or you submit as married.
Agreed. You can't be married and submit as common law. When you get your marriage certificate and update IRCC, as you're required to do, they would see you were married before you submitted. Not a good plan.
 

armoured

VIP Member
Feb 1, 2015
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You could potentially apply as married but with the proof of ordering the marriage docs.

Instructions during covid are a bit contradictory and say you should not submit without required documents BUT if you have ordered docs and they are delayed 'due to covid' you can send the docs later.

Here's what the official page says:
"If you apply, you still need to submit a complete application. This means you must include all the supporting documents we ask for. If you can’t get some of these documents right now, you should wait to apply until you can get them.

If you already applied for a document but it’s delayed due to the COVID-19 pandemic, you can send proof that you’re trying to get it (like a receipt). Include a letter to tell us why you don’t have the document and when you’ll get it. Send us the document as soon as you have it to avoid more delays."

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/immigration-applicants.html#not_applied

Normally this would not be recommended and I don't know whether the eight week delay is 'due to covid.' With the current delays in even opening and evaluating the files, it's possible you would have the required docs before it became an issue.

Perhaps others here can comment from more experience. (I'm not recommending as I do not know, just providing the info)
 
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mashulia_26

Hero Member
Apr 6, 2018
356
119
You could potentially apply as married but with the proof of ordering the marriage docs.

Instructions during covid are a bit contradictory and say you should not submit without required documents BUT if you have ordered docs and they are delayed 'due to covid' you can send the docs later.

Here's what the official page says:
"If you apply, you still need to submit a complete application. This means you must include all the supporting documents we ask for. If you can’t get some of these documents right now, you should wait to apply until you can get them.

If you already applied for a document but it’s delayed due to the COVID-19 pandemic, you can send proof that you’re trying to get it (like a receipt). Include a letter to tell us why you don’t have the document and when you’ll get it. Send us the document as soon as you have it to avoid more delays."

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/immigration-applicants.html#not_applied

Normally this would not be recommended and I don't know whether the eight week delay is 'due to covid.' With the current delays in even opening and evaluating the files, it's possible you would have the required docs before it became an issue.

Perhaps others here can comment from more experience. (I'm not recommending as I do not know, just providing the info)
If the standard time is 8 weeks they will have to wait for it for 8 week and then if it takes longer due to covid they can provide the documentation that they applied and it takes longer than usual due to pandemic.
 
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