Common law partner evidence

[jpmx10]

Hello all,

I am in the process of providing evidence of my 'common law partner' status, however I have a question about this. I understand providing bills, bank statements etc from same address is okay however from Oct 2015 myself and my fiancée moved house but had to wait 2 weeks till the actual house move.

Therefore I went to my parents, and she went to hers for the short 2 weeks while we waited to enter our new house. Only problem is, my partner changed her mail address to her parents house and has since not changed it back to our new home address. Therefore essentially, she has no mail to prove she has being living with me at our home since mid October - as it is my name on the bills etc.

I can however provide bank statements of very frequent transferring of money between us both on a weekly basis etc - not sure if this helps?

Will this be a problem? Any advice much appreciated.

Thanks

 

[Decoy24601]

She will likely need at least some mail (bills) to show that she was living with you from October to provide a strong application. The best proof is for her name to be on bills for your address and to have a lease in both of your names. I'm doubtful what you have will be enough proof.

For those two weeks even if you hadn't moved yet you still need to prove you were living together wherever you were. If you wait another 2 weeks to submit the application of course, this won't be an issue (your common-law date would be 2 weeks later).

Money transfers will likely be considered weak proof, if any (money transfers are more common for couples living apart anyways).

It's possible the lack of concrete proof you have that you are living at the same address and have been for a full year will be a problem. Both of your names should ideally be on your apartment lease (or similar proof) and bills.

 

[jpmx10]

Thanks for the quick response.

I do have evidence that prior to October 2015, we had lived together for around 2 years. Do you think this would be deemed strong evidence? Or not, as it was last year.

Thanks

 

[Decoy24601]

If you spent two years together before, then you are technically common-law from that period already.

If you have bills for both of your names showing you lived at the same address for at least one full year on end along with a lease in your names (or something similar) and mail sent to both of you at the same address you should be fine. However, if all you have is mail to prove this, it will not be considered strong evidence.

When the 1 year period happened has nothing to do with proving common-law in terms of evidence. It wouldn't matter that this was only 1-2 years ago. What matters is that you have concrete evidence that shows you have lived together for a full year.

 

[jpmx10]

Oh I see, I thought I had to prove that we have both being living together a year from the current date. I guess that is good news that the '1 year' living together can be based on a previous date.

We have mail from energy companies, universities, doctors so we will be able to create more evidence.

Also one last question, does the fact that we are engaged not provide evidence? As she wears an engagement ring.

 

[Decoy24601]

Being engaged might provide some evidence that your relationship is genuine. There is a question in the forms that asks about the development of your relationship. You could say you are engaged and plan to get married at a later date.

Yes, the common-law date you should go by is the first time you lived together for a full year or more. It doesn't matter if that country (if you were outside of Canada) recognizes common-law relationships, Canada will recognize you as common-law from whenever you first lived together for a year. That being said, you technically don't have to live together after the year-long period that common-law is established, but you still have to be in a genuine relationship.

 

[jpmx10]

Okay thank you for confirming this - much appreciated.

I will also ask my landlords from the past 2 years to write a letter confirming that my partner and I were living at their property from the specific dates in which we were tenants.

Hopefully this will help with evidence as well.

Thanks

 

[DiNaV]

Hi,

I am in a live in relationship since past 2+ years, but the lease of the place we live-in is in the name of my partner. Can I and how can I give proof of us being common law partner? We plan to get married Dec of 2017. Please advice.

 

[Decoy24601]

Hi,

I am in a live in relationship since past 2+ years, but the lease of the place we live-in is in the name of my partner. Can I and how can I give proof of us being common law partner? We plan to get married Dec of 2017. Please advice.

You need to have proof that your common-law partner has lived at your address for at least a year. If your name isn't on anything (lease, utility bills, etc) you will have a hard time getting approved as common-law without any concrete proof of a shared address.

Do you have any proof at all?

 

[DiNaV]

You need to have proof that your common-law partner has lived at your address for at least a year. If your name isn't on anything (lease, utility bills, etc) you will have a hard time getting approved as common-law without any concrete proof of a shared address.

Do you have any proof at all?

Well, honestly when we moved in together this Canada immigration was not on the cards. Therefore, never felt the need to think on those lines and prepare beforehand. Now I have applied and my CRS has also gone up to 445 so I am HOPING an ITA by end of this year, hence felt the need to inquire and be prepared.

Proof of us living together is the landlord, the people in the same building, our colleagues & friends etc if their testimony can count as proof! Other then that nothing with same name together on one piece of paper .

 

[Decoy24601]

Well, honestly when we moved in together this Canada immigration was not on the cards. Therefore, never felt the need to think on those lines and prepare beforehand. Now I have applied and my CRS has also gone up to 445 so I am HOPING an ITA by end of this year, hence felt the need to inquire and be prepared.

Proof of us living together is the landlord, the people in the same building, our colleagues & friends etc if their testimony can count as proof! Other then that nothing with same name together on one piece of paper .

The only thing on that list you could really use as proof is your landlord. Have him write a up a letter saying that both of you have been living there since whatever date. The letters from any friends/family/colleagues will probably not be considered for proving common-law (although it could help prove your relationship), but you can include them anyways. However, you'll most likely need more proof than this.

I understand that. A lot of people start his process with similar issues because it's not like they started the relationship with the intention of applying for PR (oh the irony). It's unfortunate that the CIC is so strict on proving common-law (which is separate from proving that your relationship is genuine).

 

[wyho007]

Okay thank you for confirming this - much appreciated.

I will also ask my landlords from the past 2 years to write a letter confirming that my partner and I were living at their property from the specific dates in which we were tenants.

Hopefully this will help with evidence as well.

Thanks

Joint bank accounts, credit cards, life insurance policy having your partner as beneficiary will also help.

 

[DiNaV]

The only thing on that list you could really use as proof is your landlord. Have him write a up a letter saying that both of you have been living there since whatever date. The letters from any friends/family/colleagues will probably not be considered for proving common-law (although it could help prove your relationship), but you can include them anyways. However, you'll most likely need more proof than this.

I understand that. A lot of people start his process with similar issues because it's not like they started the relationship with the intention of applying for PR (oh the irony). It's unfortunate that the CIC is so strict on proving common-law (which is separate from proving that your relationship is genuine).

Thanks a lot for your guidance.

Suppose I move to Canada alone as a primary applicant and then sponsor my partner on basis of common-law-partner grounds, will it work? Or do we move together as primary & dependent that will be more beneficial. Sorry, if I am sounding dumb, but I am just so confused at this unfortunate circumstance that I am caught up into and cant think straight!

 

[Decoy24601]

Thanks a lot for your guidance.

Suppose I move to Canada alone as a primary applicant and then sponsor my partner on basis of common-law-partner grounds, will it work? Or do we move together as primary & dependent that will be more beneficial. Sorry, if I am sounding dumb, but I am just so confused at this unfortunate circumstance that I am caught up into and cant think straight!

Are you the sponsor or the person trying to obtain PR in Canada? Which of you is the Canadian citizen/PR? If you're the sponsor (Canadian citizen/PR sponsoring his/her spouse to come to Canada permanently) your spouse would be the primary applicant (the person who wishes to obtain PR for Canada). For immigration purposes, your spouse would not be your dependent (that would be if your spouse has a dependent child and wants to bring them along to Canada). Your only options would be to sponsor your partner as a common-law partner, or get married and apply as married. Once you establish common-law for a year and have concrete proof that you lived together for that year and established common-law, then you could return to Canada alone if you wanted to during the process and have your spouse stay in their home country. If you wanted to move while you are still gathering proof of common-law during that year with your spouse, your spouse would have to go with you and live at the same address as you to continue proving that year of common-law (your spouse would need to enter Canada as a visitor for this). If you're the principal applicant (the person trying to immigrate) then just reverse what I said.

 

[wyho007]

Are you the sponsor or the person trying to obtain PR in Canada? Which of you is the Canadian citizen/PR? If you're the sponsor (Canadian citizen/PR sponsoring his/her spouse to come to Canada permanently) your spouse would be the primary applicant (the person who wishes to obtain PR for Canada). For immigration purposes, your spouse would not be your dependent (that would be if your spouse has a dependent child and wants to bring them along to Canada). Your only options would be to sponsor your partner as a common-law partner, or get married and apply as married. Once you establish common-law for a year and have concrete proof that you lived together for that year and established common-law, then you could return to Canada alone if you wanted to during the process and have your spouse stay in their home country. If you wanted to move while you are still gathering proof of common-law during that year with your spouse, your spouse would have to go with you and live at the same address as you to continue proving that year of common-law (your spouse would need to enter Canada as a visitor for this). If you're the principal applicant (the person trying to immigrate) then just reverse what I said.

Will it work if " If you wanted to move while you are still gathering proof of common-law during that year with your spouse, your spouse would have to go with you and live at the same address as you to continue proving that year of common-law (your spouse would need to enter Canada as a visitor for this)"? First, it won't be possible for the partner to establish "proof" due to the visitor status, can't have any names on anything. Second, "visitor" should not have the intention to "live" in the country... will it adversely affect the PR case later?