Common Law or Conjugal Partnership?

[flowerspower1]

Hello all.

I'm a PR of Canada willing to sponsor my partner. We are both currently living in Europe (Italy). I've already landed and got my PR card, and soon it will be a year since I've been living with my partner. HOWEVER here is the thing, in my country there is a difference between a residence address and a "domicile" address. Your residence address is the only official one, registered in the city hall, the address reported on ALL your documents and where you get your official mail. My residence address is at my mom's place where I used to live and I've used that address since it's the official one on all of my PR documents. I live with my partner at his place but it's not my official residence. I didn't change that for many reasons, because it's a very long bureaucratic process etc especially to change all your documents. I'd only do it if I knew that I'd stay at my partner's place for a long time, but since I'm moving back to Canada, I wanted to keep my residence address at my mom's, also to be sure to get all my mail etc. In Canada, there is no difference like this in addresses, but in Italy it exists.

Now, here is the question. How can I sponsor my partner after I move back to Canada? It will soon be a year that we've lived together at his place, but once again it's not the official address I have used on my PR application, as the address on all my docs is my residence one. Can we still fill in the common-law application form? Or we'd have to go via another route?

Thanks!!

 

[just a square]

Are you able to gather enough evidence proving that you both lived together? Because if there's no real proof of you cohabiting, it might be impossible to support that you're common law.
One thing for sure, conjugal partnership will not work for you.

 

[flowerspower1]

Thanks for your reply.

What evidence can we use? We are planning on getting married next year. Could that make things a bit easier from this point of view?

 

[just a square]

You said your official mail goes to your moms address - is there ANY mail to both of you to the place where you actually live? Do you have joint bank account? Would you be able to get affidavits from your parents or person who owns the place if you're renting? Other forum members who applied for common law will have more suggestions, I'm sure.

If you get married, you will have way less trouble gathering the documents and proofs you need. It's worth considering applying as a married couple if the wedding is not too far in the future.

 

[flowerspower1]

Thanks so much!

All the bills are under his name as he owns the place. On my employment contract and pay slips though there is my residence address first as the official one, but this second address is reported too as a place of "domicile" should my employer be in need to reach out to me elsewhere.

We have a bank account together, but we've opened it only 2 months ago. Is it still ok or we have to have this account be open for the whole duration of our relationship?

 

[scylla]

We have a bank account together, but we've opened it only 2 months ago. Is it still ok or we have to have this account be open for the whole duration of our relationship?

If it's only been opened for two months - then you can only use it to prove two months of the relationship. This unfortunately won't even come close to proving common law. To prove common law, you need evidence that demonstrates you have lived together for a full 12 months.

 

[flowerspower1]

Thanks, Scylla. What do you think we should do in this case? Apply as a married couple after we get married?

 

[flowerspower1]

Also, will our pay stubs with the same address on (I have both residence and this second address on all my pay stubs on) work to prove we have lived together?

 

[canadianwoman]

Frankly, I would just wait until you get married, and apply then. You have some evidence of cohabitation - such as the domicile address - but you also have your own PR application that used a different address. Letters and affidavits from people attesting that you were living together is good, but it would be better to have a lease together and shared utility bills. You might be able to prove common-law with what you have, but it would be easier to apply after marriage. It might even take less time, since with a marriage there are fewer issues for the visa officer to investigate.
(Just as a warning, if CIC thinks you were living together for one year or more before you landed as a PR, you will not be able to sponsor your partner.)

 

[flowerspower1]

(Just as a warning, if CIC thinks you were living together for one year or more before you landed as a PR, you will not be able to sponsor your partner.)

Thanks! This is actually what I thought. Applying after we get married will be easier. Can we get married in Canada while he's on a visitor visa?

I'm wondering..How can CIC think we were living together for one year or more before I landed? We met in late 2014 so we have only been together for about a year and a half. Might this rise any red flags?

 

[canadianwoman]

Getting married in Canada while he is here as a visitor is fine.

If you had lived together for a year or more before you landed in Canada (and became a PR), you would not be able to sponsor him now. If you did not live together for a year, then this is fine. Just be clear on the dates when filling out the forms.

 

[wyho007]

Hello all.

I'm a PR of Canada willing to sponsor my partner. We are both currently living in Europe (Italy). I've already landed and got my PR card, and soon it will be a year since I've been living with my partner. HOWEVER here is the thing, in my country there is a difference between a residence address and a "domicile" address. Your residence address is the only official one, registered in the city hall, the address reported on ALL your documents and where you get your official mail. My residence address is at my mom's place where I used to live and I've used that address since it's the official one on all of my PR documents. I live with my partner at his place but it's not my official residence. I didn't change that for many reasons, because it's a very long bureaucratic process etc especially to change all your documents. I'd only do it if I knew that I'd stay at my partner's place for a long time, but since I'm moving back to Canada, I wanted to keep my residence address at my mom's, also to be sure to get all my mail etc. In Canada, there is no difference like this in addresses, but in Italy it exists.

Now, here is the question. How can I sponsor my partner after I move back to Canada? It will soon be a year that we've lived together at his place, but once again it's not the official address I have used on my PR application, as the address on all my docs is my residence one. Can we still fill in the common-law application form? Or we'd have to go via another route?

Thanks!!

My partner and I are of similar situation, exception that we've lived together for 6 years when applying. That's said, we still have lots of troubles getting the addresses straight. The country where I live is similar to yours. Banks, credit cards, employers don't even care where you live so changing of address usually takes 2-3 and even 4 trips to get the information correct as the procedure is so obsolete. I totally feel for you. It's a battle to even explain to others and make them understand.

In addition to the hard evidence, see if you can get friends and families from both sides to write affidavits to proof your cohabitation for at least 12 months AND relationship is genuine. You can give a shot in applying as common law but need to make sure you at least have something persuasive in hand before sending out the package. Also, be prepared it may be rejected. If it does, than you must wait until you two are married before applying again. When this happens, make sure you don't give the impression that the marriage is only for convenience of PR application.

Otherwise, I'd wait.

 

[flowerspower1]

Getting married in Canada while he is here as a visitor is fine.

If you had lived together for a year or more before you landed in Canada (and became a PR), you would not be able to sponsor him now. If you did not live together for a year, then this is fine. Just be clear on the dates when filling out the forms.

Thanks! We haven't lived for a year when I landed so I'll make it sure to be clear on the dates!

 

[flowerspower1]

My partner and I are of similar situation, exception that we've lived together for 6 years when applying. That's said, we still have lots of troubles getting the addresses straight. The country where I live is similar to yours. Banks, credit cards, employers don't even care where you live so changing of address usually takes 2-3 and even 4 trips to get the information correct as the procedure is so obsolete. I totally feel for you. It's a battle to even explain to others and make them understand.

In addition to the hard evidence, see if you can get friends and families from both sides to write affidavits to proof your cohabitation for at least 12 months AND relationship is genuine. You can give a shot in applying as common law but need to make sure you at least have something persuasive in hand before sending out the package. Also, be prepared it may be rejected. If it does, than you must wait until you two are married before applying again. When this happens, make sure you don't give the impression that the marriage is only for convenience of PR application.

Otherwise, I'd wait.

Thanks for your reply. Yes, our parents and friends will be able to write affidavits, plus we have travelled quite a lot together, and have many pictures together etc. The only part missing is having a lease agreement or a mortgage on the same address together. But after all, I kind of feel that we'd better off waiting till we get married next year. This way, we won't have to worry about having not enough evidence or a rejection.. Are you applying inland or outland? I'm a bit confused on that part too..

 

[wyho007]

Thanks for your reply. Yes, our parents and friends will be able to write affidavits, plus we have travelled quite a lot together, and have many pictures together etc. The only part missing is having a lease agreement or a mortgage on the same address together. But after all, I kind of feel that we'd better off waiting till we get married next year. This way, we won't have to worry about having not enough evidence or a rejection.. Are you applying inland or outland? I'm a bit confused on that part too..

If at all possible, apply outland. It's a lot faster. I'm applying outland, although at the VO processing the application, fast is 12-16 months depending on the complication.