Common-law Proof - Is it enough?

[pw123]

Hi there,

My partner and I are considering applying for PR under common-law. We have been living together for about 14 months, but I'm not sure if we have enough proof for that. We don't have any joint property or bank account. We lived at 3 different places during the past 13 months but none of them has both of our name on the lease.

1st address: we lived there for 3 months, Jan 2020 to mid March 2020. Only my name is under the lease. The apartment covers electricity so no utility bills. Internet also under my name only. Also unfortunately, my partner was too lazy to change his bank account address so his statement still showed one of his old address.

Proofs:

• My partner send me half of the rent through e-transfer, and I can provide the bank transaction history
• Our old driver licenses are both at that address. Mine is valid from Nov 2019, and his is valid from Feb-2020
• He has a doctor's prescription (mid March 2020) and file at the pharmacy showing him living at this address.

2nd address: we lived at his parents' place for another 3 months, so no lease, no utility bills.

Proofs:

• His parents can provide signed letter saying that we live there together.
• We both received our tax files at this same address around April.
• A few online shopping receipt to the same address

3rd address: this is the address we have been living together since June 2020. Only my name was under the lease (when i signed the lease for some reason we thought only I will be living there).

Proofs:

• Bank statements showing the same address
• Driving license showing the same address
• Bunch of online shopping receipts

Beside all these proofs, we also gonna file 2020 tax return as common-law and I'll add my partner as common-law to my insurance.

I really don't know if we have a strong case since we've been moving a lot during the past year. I would appreciate any thought/advice from you guys!

 

[armoured]

It does not sound particularly strong.

If you wish to apply soon, you can marry first, and all this would be strong relationship support information.

 

[bian07]

You should definitely open a joint bank account to add to your proof. You don't have to add a bunch of money to it but it should be used for sure for a few months, even if it is for random purchases.

 

[armoured]

I'll be blunt, it's objectively pretty weak evidence of having lived together, continuously, with a specific starting date (and proof of that starting date), and having established a joint household. (All of these are considered necessary)

This comes up often enough here - cases where couples are trying to establish common law and scrutiny ends up being much higher; refusals are not unheard of. If getting the PR processed with reasonable speed and low risk of it being refused outright, marriage will make a large difference.

In contrast, married first and applying should be a straightforward application (from the sounds of it).

You don't mention your partner's status in Canada, but if there are any issues such as that status running out (or time limited), potentially even more difficulty.

It's up to you and your partner of course.

 

[Naheulbeuck]

1st address: we lived there for 3 months, Jan 2020 to mid March 2020. Only my name is under the lease.

2nd address: we lived at his parents' place for another 3 months, so no lease, no utility bills.

3rd address: this is the address we have been living together since June 2020. Only my name was under the lease (when i signed the lease for some reason we thought only I will be living there).

Beside all these proofs, we also gonna file 2020 tax return as common-law and I'll add my partner as common-law to my insurance.

I really don't know if we have a strong case since we've been moving a lot during the past year. I would appreciate any thought/advice from you guys!

Overall, you really have a weak case unfortunately. The names on the leases are quite problematic as you are suppose to add someone to the lease (Landlords have the right to know who is living in their place). Would you have communication on paper between you and your landlord informing them that he moved in with you at the first and 3rd address?

The rest of the evidence is really weak, no utility bill, no history of filing taxes as a couple (just this year which coincides with when you want to sponsor), you can get things delivered at another address, driver license don't need a proof of address, parent's words is pretty weak support, no combined health coverage? beneficiary designation?

It is unfortunately not really the kind of things we think about in the moment and declaring common law tends to be more an inconvenience (qualify for less benefits usually) than an advantage in many situations but not sure you'll have enough to prove your relationship, especially for the full duration right now.

Marriage is an option but I am not sure it is the best decision for you, for sure it is best for the immigration process but that should be only a small part of your life overall and should probably not be the main decision factor as to whether and when you marry someone (now if you are ready then yes, that can be the final push but there are likely other options to consider including delaying a bit the application to build stronger proof and get a bit more history).

 

[armoured]

Marriage is an option but I am not sure it is the best decision for you, for sure it is best for the immigration process but that should be only a small part of your life overall and should probably not be the main decision factor as to whether and when you marry someone (now if you are ready then yes, that can be the final push but there are likely other options to consider including delaying a bit the application to build stronger proof and get a bit more history).

By law, marriage is a legal status - where common law marriage and marriage are fundamentally the same - it's the manner by which the status is entered into that's different.

From that perspective, it's absurd to approach this as "ready for common law but not for marriage". And by extension, to claim common law status but not be ready to marry.

I know just about everyone has their own specific social, cultural, religious, spiritual, or romance-novel spin on what marriage means to them (which somehow is distinct from common law marriage). That's fine, everyone can think whatever they want.

But IRCC is approaching this from a legal perspective and applicants claiming a 'spouse' should really separate the legal approach from all the other stuff - it has no bearing. (PR status is also a legal status, by the way). That's the context. (And religious marriages in Canada are actually two separate things - civil marriage and religious marriage - and only the civil part has any legal meaning)

Don't have the evidence to demonstrate a common law relationship but want the legal benefit of being able to sponsor your spouse? The legal answer is marriage. (Or much more time to establish common law, of course).

[Yes, I fully admit this may not convince anyone and some can't separate them. Up to them.]

 

[YVR123]

If marriage is not preferred and PA can stay in Canada with legal status (extenstion or such). Then you could wait for enough proof of only using your 3rd address. (12 months from when you moved in). But you will need to ask your landloard to add PA in the lease and write a letter to state that he started living there since June 2020. You need to notified him/her anyway since both of you live there.
You can still "claim that you started living together before June" but the proof of the first 2 addresses won't be as critical.

Open a joint bank account and work on getting more common law proof.
For CRA, you are supposed to update your status when it changed, not only when you file tax return (your account has that info). But well.