Common law partner application questions - thanks

[beatitboss]

Hi Guys,

I am currently in the process of gathering documentation in order to sponsor my fiancee so that she can settle in Canada with me within the next 1,5 years or so.

We are currently living in Australia and I am (obviously) the citizen.

We previously used to live and Europe but because none of us is an Australian citizen and we don’t want to head back to Europe because of the lack of stability, we decided to start a fresh life in Canada.

We’ve been together since 2008 (without interruptions) and we’ve been living together since Feb 2013. We have technically been living together since the very beginning of 2012 however all bills etc were in my name which would make it impossible to prove it to the CIC that we shared a dwelling at that time. Nevertheless we’ve been travelling together (lots of pictures available), going out with friends and we even briefly worked at the same place for a limited period of time.

Since Feb 2013 we’ve accumulated at least 8-10 different official bills and documents showing our cohabitation + we have pictures, plane tickets and even the very fact that we’ve entered Australia on the same day.

Even though everything might be looking quite straightforward I still have a couple of questions that I came across while filling out the application form.

I am not living in Canada since a few years now and I’d like to know how can legitimately prove that I’ll settle in Canada together with my partner after we land? I was wondering if emails exchanged with friends as well as the very fact that my legal status in Australia would have expired by that time will do the job? I know that it’s not a lot of documents but I believe in quantity over quality. Does anyone of you have any experience with outland sponsoring? If yes, please provide me with some ideas that’ll reinforce the legitimacy of my case.
What marital status should I indicate on the sponsorship application? Technically I am single but obviously I am in a common law relationship!
Which date should in consider as the beginning of the relationship? The day when we started dating 6 years ago or the day when we moved in together in Australia 1,5 years ago?
Every single page of the sponsorship application has a tab called “applicant name / date of birth” - is that refer to my or my fiancee?
Co-signer - to be clear - it’s not my common law partner, right?
The application guide states that I should put “NA” whenever a question is “NA” - should I really do it even though I tick “NO” every time a tab does not apply to my case - it mainly concerns things like previously used names etc…
Cheers,
J.

 

[Rob_TO]

I am not living in Canada since a few years now and I'd like to know how can legitimately prove that I'll settle in Canada together with my partner after we land? I was wondering if emails exchanged with friends as well as the very fact that my legal status in Australia would have expired by that time will do the job? I know that it's not a lot of documents but I believe in quantity over quality. Does anyone of you have any experience with outland sponsoring? If yes, please provide me with some ideas that'll reinforce the legitimacy of my case.

Assuming you have family in Canada, they can write a statutory declaration that they are expecting you to return, and will help support you when you first arrive back to Canada. You can also show any methods you are using to look for a place to live, employment, etc.

What marital status should I indicate on the sponsorship application? Technically I am single but obviously I am in a common law relationship!

You are definitely NOT single. You are legally common-law, so that is what you need to put.

Which date should in consider as the beginning of the relationship? The day when we started dating 6 years ago or the day when we moved in together in Australia 1,5 years ago?

If you mean the date you entered into the common-law relationship, that is the date 12 months after you first moved in together.

Every single page of the sponsorship application has a tab called “applicant name / date of birth” - is that refer to my or my fiancee?

The principal applicant is your partner, the one applying for PR.

Co-signer - to be clear - it's not my common law partner, right?

Right. There is no co-signer associated with a spousal family class application.

The application guide states that I should put “NA” whenever a question is “NA” - should I really do it even though I tick “NO” every time a tab does not apply to my case - it mainly concerns things like previously used names etc...

When you click 'no', the form should then grey out some areas. In that case you don't need to put NA. Just put NA in sections that don't get greyed out, but also don't need to be filled in.

 

[beatitboss]

Assuming you have family in Canada, they can write a statutory declaration that they are expecting you to return, and will help support you when you first arrive back to Canada. You can also show any methods you are using to look for a place to live, employment, etc.

You are definitely NOT single. You are legally common-law, so that is what you need to put.

If you mean the date you entered into the common-law relationship, that is the date 12 months after you first moved in together.

The principal applicant is your partner, the one applying for PR.
Right. There is no co-signer associated with a spousal family class application.
When you click 'no', the form should then grey out some areas. In that case you don't need to put NA. Just put NA in sections that don't get greyed out, but also don't need to be filled in.

Hi!

Thanks a lot for an extensive answer!

Well, the only problem is that I have only distant family members still living in Montreal. Otherwise my parents settled in Europe and they're not going back to Canada in the years to follow. On top of that I have no brothers or sisters and my family is generally small.

Would you, by any chance have any other ideas which could potentially help me make sure that the CIC understands my intentions correctly?

Cheers!

 

[rob89]

Hi!

Thanks a lot for an extensive answer!

Well, the only problem is that I have only distant family members still living in Montreal. Otherwise my parents settled in Europe and they're not going back to Canada in the years to follow. On top of that I have no brothers or sisters and my family is generally small.

Would you, by any chance have any other ideas which could potentially help me make sure that the CIC understands my intentions correctly?

Cheers!

..Your in common law relationship absolutely it is. You must declare all the necessary information since your relationship started. Of course cohabitation date is very important too. The more evidences you can provide to prove your relationship is genuine the better. Eg. records of phonecalls, chats, bills, statement of accounts, letters, pictures those are the common stuffs. You can also ask for help to some of your relatives and close friends to make a declaration letter that they know your in common law relationship. I had few friends whose been in the relationship as yours and apply residential status in canada and was granted.

 

[tink23]

Hi!

Thanks a lot for an extensive answer!

Well, the only problem is that I have only distant family members still living in Montreal. Otherwise my parents settled in Europe and they're not going back to Canada in the years to follow. On top of that I have no brothers or sisters and my family is generally small.

Would you, by any chance have any other ideas which could potentially help me make sure that the CIC understands my intentions correctly?

Cheers!

Like Rob TO mentioned, if you don't have any family in Canada, then you can show housing searches. Where are you going to live? I'm sure you will research the area you want to live before turning up in Canada, so show proof of your search. Where are you looking, have you set aside the first and last months rent, have you contacted a real estate agent to help? Any of those things for housing.

Same for employment. Maybe you won't be lucky enough to have a job secured before you move (or maybe you will be!) but you can show proof of job searches you have done in your area of interest. Maybe you have applied to some jobs online. Show proof of this.

With these two major things (proof of housing research and employment research) you should be fine.

 

[BeShoo]

What marital status should I indicate on the sponsorship application? Technically I am single but obviously I am in a common law relationship!
Which date should in consider as the beginning of the relationship? The day when we started dating 6 years ago or the day when we moved in together in Australia 1,5 years ago?

You are definitely not single under Canadian law unless you don't consider that woman to be your partner. Never, ever refer to her as your fiancée if you want to be able to sponsor her now. There is not a way to sponsor a "fiancée" in Canada. You are either in a long-term marriage-like relationship or you are not. If you don't really considered yourselves "hitched" at the moment, you will have to wait until after you are married to apply. Sometimes people are even asked why they are in a common law partnership instead of being married.

Your relationship definitely didn't start on your first date unless you decided on that date that you would be building a life together. If you did, you wouldn't want to say that anyway, because it's not really believable that you entered into a permanent relationship with someone you just met that day. They would like to see evidence that your relationship progressed before you decided to move in together.

Technically, the relationship started on the day that it became marriage-like ("conjugal" in CIC terms). For most people (including you) this would be the day you moved in together, but you will want to show that you combined your affairs as a married couple would, you present yourselves to the community as a common-law couple, etc. It's technically possible to both occupy the same residence but only be roommates, for example.

Sorry for all the legalese, but I want to make sure that you're starting off on the right foot. For additional reference of some of the kind of evidence you could gather, see this post: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357741#msg357741

 

[beatitboss]

You are definitely not single under Canadian law unless you don't consider that woman to be your partner. Never, ever refer to her as your fiancée if you want to be able to sponsor her now. There is not a way to sponsor a "fiancée" in Canada. You are either in a long-term marriage-like relationship or you are not. If you don't really considered yourselves "hitched" at the moment, you will have to wait until after you are married to apply. Sometimes people are even asked why they are in a common law partnership instead of being married.

Your relationship definitely didn't start on your first date unless you decided on that date that you would be building a life together. If you did, you wouldn't want to say that anyway, because it's not really believable that you entered into a permanent relationship with someone you just met that day. They would like to see evidence that your relationship progressed before you decided to move in together.

Technically, the relationship started on the day that it became marriage-like ("conjugal" in CIC terms). For most people (including you) this would be the day you moved in together, but you will want to show that you combined your affairs as a married couple would, you present yourselves to the community as a common-law couple, etc. It's technically possible to both occupy the same residence but only be roommates, for example.

Sorry for all the legalese, but I want to make sure that you're starting off on the right foot. For additional reference of some of the kind of evidence you could gather, see this post: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357741#msg357741

Thanks a lot for that! No worries at all, it's the legal stuff that I'll have to deal with hence don't be afraid of throwing as much of it as possible .

Well, it looks like I will have to spend a couple of days gathering all the "intelligence". Nevertheless we have all the necessary documents showing that we were a genuine couple. Holidays spent in different countries together, family gatherings, other misc travels, bill coming to our address plus a ton of pictures, postcards and stuff like that. At the same time we also have all the necessary records to demonstrate that we've been living together genuinely since we technically moved in together. In parallel our close friends are aware of the fact that we're planning on getting married etc.

I guess that it's gonna be more difficult to prove that I am willing to return to Canada than proving the legitimacy of our relationship!

 

[beatitboss]

One more question guys,

Provided that the Sydney, Australia visa office processes visa application quite quickly, there is a high likelihood that my partner's visa will be granted around June 2015 however we're not gonna be able to physically move to Canada before Mar - Jun 2016.

That means that we'll have to wait for at least 9 months before we can actually proceed.

Can we in this case, go to Canada in let's say June/July 2015 for a quick holiday, "activate" my partner's PR and get back to Canada in a few months as soon as we sell our stuff, finish the matters that we'll have to finish in Australia etc.?

As far as I understand, as long as the PR holder accompanies the citizen while travelling/living overseas, the PR status won't by affected whatsoever. I also read that a few folks here did that kind of thing and no measures were taken against them.

Can I then consider that this will be the safest option which will guarantee that my partner will have her PR and we'll be able to smoothly liquidate everything in Australia before making our way up to Canada?


Cheers,

 

[tink23]

One more question guys,

Provided that the Sydney, Australia visa office processes visa application quite quickly, there is a high likelihood that my partner's visa will be granted around June 2015 however we're not gonna be able to physically move to Canada before Mar - Jun 2016.

That means that we'll have to wait for at least 9 months before we can actually proceed.

Can we in this case, go to Canada in let's say June/July 2015 for a quick holiday, "activate" my partner's PR and get back to Canada in a few months as soon as we sell our stuff, finish the matters that we'll have to finish in Australia etc.?

As far as I understand, as long as the PR holder accompanies the citizen while travelling/living overseas, the PR status won't by affected whatsoever. I also read that a few folks here did that kind of thing and no measures were taken against them.

Can I then consider that this will be the safest option which will guarantee that my partner will have her PR and we'll be able to smoothly liquidate everything in Australia before making our way up to Canada?


Cheers,

Yes, that isn't a problem at all. Your partner can complete her landing and hen go back to Canada. As a PR she has to be in Canada for 2 years out of a rolling 5 years, so taking a year or so to tie up some ends and liquidate assesses won't be an issue at all.

 

[Rob_TO]

As far as I understand, as long as the PR holder accompanies the citizen while travelling/living overseas, the PR status won't by affected whatsoever. I also read that a few folks here did that kind of thing and no measures were taken against them.

Yes indeed, that is fine. As long as you are living with your Canadian citizen sponsor, then after you land as PR you guys can live anywhere in the world for as long as you want, and will always be able to maintain your PR. As long as you are living together that is the important part so always keep proofs of your cohabitation.

In general when your PR is approved, the COPR documents you use to land will be valid for around 1 year from when you did your medical exam. So if the processing is very quick, you may have many months before you even need to land in the first place.

 

[beatitboss]

Yes indeed, that is fine. As long as you are living with your Canadian citizen sponsor, then after you land as PR you guys can live anywhere in the world for as long as you want, and will always be able to maintain your PR. As long as you are living together that is the important part so always keep proofs of your cohabitation.

In general when your PR is approved, the COPR documents you use to land will be valid for around 1 year from when you did your medical exam. So if the processing is very quick, you may have many months before you even need to land in the first place.

Thanks a lot for the replies fellows.

Well, that's the thing, if the Sydney visa office proceeds as fast as it usually does, we won't be able to make it to Canada before the "landing period" expires. Hence I figured out that we'd better perform the landing in the first place in order to come back to Australia and sell our assets so that we can move back to Canada without being obligated to commute back and forth between both countries because as you can imagine, it's a bit of a distance...

Nevertheless our cohabitation will be continued as we'll be staying in Australia in the same apartment that we do stay now until we sell everything off and move to Canada. So I guess that we won't have any problems showing that we've been genuinely living together!

 

[canuck_in_uk]

Provided that the Sydney, Australia visa office processes visa application quite quickly, there is a high likelihood that my partner's visa will be granted around June 2015 however we're not gonna be able to physically move to Canada before Mar - Jun 2016.

That means that we'll have to wait for at least 9 months before we can actually proceed.

If you aren't planning to move until at least Mar 2016, then you should consider delaying your application until mid next year.

You already seem to think that you will lack proof of your intention to return to Canada. Compound that with the fact that you don't actually intend to return to Canada for around 1.5 years after you apply and you may have a problem. Without solid proof that you intend to return to Canada when PR is granted, CIC may deny your app.

 

[beatitboss]

If you aren't planning to move until at least Mar 2016, then you should consider delaying your application until mid next year.

You already seem to think that you will lack proof of your intention to return to Canada. Compound that with the fact that you don't actually intend to return to Canada for around 1.5 years after you apply and you may have a problem. Without solid proof that you intend to return to Canada when PR is granted, CIC may deny your app.

Well, I will have to rethink the whole thing again. The point is that our status in Australia will eventually expire and we need to get the papers done as early as possible. Otherwise we'll end up in a situation where our Australian visas will be dead but at the same time my partner won't be able to make it to Canada. That case would put us in a terrible position as we cannot afford to do any detours on our way...

At the same time we're planning on visiting the US which would be a great opportunity to activate my partner's PR so that we can finish things off in Australia peacefully and move then

 

[canuck_in_uk]

Well, I will have to rethink the whole thing again. The point is that our status in Australia will eventually expire and we need to get the papers done as early as possible. Otherwise we'll end up in a situation where our Australian visas will be dead but at the same time my partner won't be able to make it to Canada. That case would put us in a terrible position as we cannot afford to do any detours on our way...

At the same time we're planning on visiting the US which would be a great opportunity to activate my partner's PR so that we can finish things off in Australia peacefully and move then

Sydney currently averages around 6 months. You should look at applying mid next year, so that your partner will have approval end of 2015 or beginning of 2016. On the off chance that the PR app is not approved by the time your Australian visas expire, your partner can come to Canada as a visitor until it is processed.

 

[Onemoretime]

You are definitely not single under Canadian law unless you don't consider that woman to be your partner. Never, ever refer to her as your fiancée if you want to be able to sponsor her now. There is not a way to sponsor a "fiancée" in Canada. You are either in a long-term marriage-like relationship or you are not. If you don't really considered yourselves "hitched" at the moment, you will have to wait until after you are married to apply. Sometimes people are even asked why they are in a common law partnership instead of being married.

I think this part is nuts! You may be right, but not referring to yourself as "fiancee"??? Why the heck not? In life, you make many decisions. If you are currently living together over 12 months and in a serious relationship, you qualify for common-law if you meet the definition. If you happen to make another "life" decision after this has happened (i.e., one of you proposes to the other and want to be formally married) then so be it!!! I think it would be ridiculous to say that you will have to now wait until you are married (assuming the statement is true that you don't already consider yourself "hitched"). What happens if you decide you want a nice spring wedding? You won't be able to sponsor (or you shouldn't consider sponsoring) your spouse because you intend to change you status from common-law to married? I would be careful with that advice. Again, I'm not saying it is wrong, but I certainly hope CIC isn't judging applications of people who qualify under common law and who have become engaged in the time they have been together, but the wedding date has not yet arrived for whatever reason. There is no way that they can legally tell you to no apply and it certainly would be a bad precedent that they set. Things change in life. But as long as you currently qualify under the rules (and you have all the evidence), and you are living as spouses in a marriage like relationship, nobody can tell you any differently and formalizing the relationship from marriage-like to actual marriage should have no bearing on anything on your timing of application. I certainly don't want anyone to run around "hiding" the fact that you are also "engaged" to be married...especially from CIC. They might think you are hiding something else.

Just my thoughts...feel free to tell me any different.

PS I also heard from a very senior immigration lawyer to not mention in your application for common-law that you are engaged (so I'm not really putting down this comment...just venting). That really got me confused as it has no bearing on your current marriage-like status.