common-law partners to married status

[jepeng]

good day!
i am seeking help about or case..me and my girlfriend filed an application last dec 2009..then the immigration acknnowledged our application but we are missing a document..they are seeking for statutory declaration of common-law partners..but we have just decided to get married..we got married last march 9..do we have to accomplish the document that they are seeking or we just have to update our status?
i would like to ask as to how are we going to update our application status from common law partners to married status?
is there anymore forms that we should fill-up?or all we have to do is update our status?
thanks

 

[fibud]

I would write a cover letter to explain that since the time of your application, you have married your spouse. Include a copy (or certified copy depending on the visa office requirements) of your marriage certificate and any pictures you have from the wedding/reception.

I also recommend having your spouse complete the form IMM 5490 (Sponsored Spouse Questionnaire pages 3-4 Information about your marriage) and a new IMM5406 (Family form) to indicated herself and you as "married" in the marital status section.

 

[Siouxie]

You should inform them of your married status and enclose a copy of your marriage certificate, together with the forms and pictures as detailed by fibud. You should also make sure you list people that attended the wedding etc.

http://www.cic.gc.ca/english//resources/manuals/op/op02-eng.pdf

b]5.51. Switching categories between spouses, common-law partners and conjugal partners[/b]

Applicants are required to indicate the category in which they are applying for immigration to Canada. Conjugal partners, common-law partners and spouses are all specific categories with specific requirements. There is no requirement for an officer of the Department to automatically re-assess an application by considering such an application in terms of a different relationship between the applicant and the sponsor within the family class.

The onus is entirely upon the applicant to indicate what their relationship is to the sponsor and to fulfill the requirements of the category under which they apply. There is no option to make a general application within the family class (within the conjugal categories, for example). A fundamental understanding of the family class is that members of that class must establish themselves as one of certain prescribed members in terms of their relationship with the sponsor. Different relationships to the sponsor correspond to different categories within the class as described in the Regulations.

Applicants must self-identify within an application and they must meet the requirements of the category under which they apply. Each of spouses, common-law partners and conjugal partners are different categories with different requirements, and applicants choose to identify themselves, voluntarily, depending on their relationship to the sponsor on the application forms.

However, applicants are also obliged to inform the Department if aspects of their life change prior to the finalization of their case, including their marital/conjugal status. If their conjugal relationship changes (for example, if applicants are in a conjugal-partner relationship with a sponsor and the applicant and sponsor marry), then officers should make adjustments to the application (i.e., coding) and should proceed with processing in terms of the new conjugal relationship.

 

[rusbear]

You have to inform them about changing you marital status and send a copy marrrige certificate.

But as I undersand the process, if you already applied as common-law partners you are staying as comon-law partner up to the end. Even if you got married CIC will needs your proof of 1 year of cohabiting . And i think you should send the declaration of common-law partners..(check all date)

 

[Siouxie]

You have to inform them about changing you marital status and send a copy marrrige certificate.

But as I undersand the process, if you already applied as common-law partners you are staying as comon-law partner up to the end. Even if you got married CIC will needs your proof of 1 year of cohabiting . And i think you should send the declaration of common-law partners..(check all date)

If you read what I posted, whilst the common law application would initially still be ongoing they will change the coding to reflect the new relationship - "conjugal" means common law or married. As a married couple there would be no need of proof of cohabiting for a year (that is a common law requirement), however, it is as well to remember that you still have to show it is a genuine marriage (letters of support from family, photo's, wedding invites, etc.).

"...However, applicants are also obliged to inform the Department if aspects of their life change prior to the finalization of their case, including their marital/conjugal status. If their conjugal relationship changes (for example, if applicants are in a conjugal-partner relationship with a sponsor and the applicant and sponsor marry), then officers should make adjustments to the application (i.e., coding) and should proceed with processing in terms of the new conjugal relationship ..."

It's probably worth sending the declaration along with your marriage certificate with a note stating you wished to comply with their request but that you are now married and to please find enclosed a copy of your marriage certificate etc.