Common law interview

[CDAN]

Hey all,

We have been notified by London that we will require an interview. Anyone had a common law partner interview?

 

[POLICAP]

That is common. You have to go there and prove your relationship. Go and defend your marriage/common law. He/she is your spouse. There is nothing anybody can do when it comes to love. All you need is to go there with tons of evidences that your relationship is true and real.

POLICAP

 

[CDAN]

We have been together over 6 years but recently last few years been apart living in different countries.....could this be an issue?

 

[Alurra71]

We have been together over 6 years but recently last few years been apart living in different countries.....could this be an issue?

if you haven't lived together for the last 12 consecutive months you are in for a denial of common law sponsorship.

 

[CDAN]

How can they deny your a common law relationship just because we haven't been living together recently because of immigration.

 

[Alurra71]

How can they deny your a common law relationship just because we haven't been living together recently because of immigration.

because the very definition of common law for immigration states you must reside together for 12 consecutive months in order to be considered common law. If you and your partner have been living separate for 2 years you are no longer considered common law for immigration purposes.

 

[CDAN]

We have lives together for more than 12 consecutive months, just because we have chosen to file too now nor get married yet we will get denied.

How do you know this?

 

[CDAN]

Can you private message me please

 

[scylla]

Based on your previous posts, it looks like you have been living separately for the last three years and filed your application in March of this year. Is that correct?

 

[CDAN]

Yes...and we found out last week they want us for an interview. We plan in getting married but just have chosen not to do so as of yet. Just trying to wrap our heads around it

 

[Alurra71]

I am using my tablet tonight so hard to answer posts, but if you look up definition of common law per CIC for immigration, when you two stopped living together you broke that common law bond, as far as I can see.

 

[CDAN]

When you live apart it doesn't mean you broke a relationship..we have still visited regularly. It was separation due to education and employment. We still share bills, joint accounts, and life insurance policies.

 

[CDAN]

According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. … Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intends to do so again as soon as possible. This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible. For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

 

[CharlieD10]

You posted it yourself.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

So that last section is what you seem to be up against, and the reason you have been scheduled for an interview, if what I read in previous posts is correct.

You need ALL the proof of those visits you have. Photos, proof of the joint accounts and bill paying, most recent copy of your lease or mortgage papers, everything that shows that your centralised mode of existence is around the two of you, regardless of the separation physically.

 

[CDAN]

Thanks Charlie!
We had sent all the proof of our visits with our application, I was just there for 6 weeks this summer and we travelled to Egypt then too. We have those trip proofs and pics, we have my flight ticket to the uk for summer, my life insurance policy that he is listed as the beneficiary. Letters from family....a recent letter from a home builder in canada that we have been communicating with about building a new house once he had landed.
Anything else you can think of? Your help is appericated