Common-law questions

[duanestorey]

I am about to submit a common-law application for me and my girlfriend (common-law partner). She is originally from Brazil and I'm obviously Canadian. I had a couple of questions.

1) She's basically living with me in Canada now, as long as she can on her visitor visa - should I put the address in Canada as her address if we are applying outside of Canada? I.e. will be throw any red flags that we are apply outside of Canada but she's listed as living inside now?
2) We have joint bank and credit cards, and she's on the house insurance policy. Other than photographs and chat-logs, is there anything else we can supply to show our relationship is genuine?
3) Any other comments or suggestions before we mail it off?

Thanks,
Duane

 

[Ponga]

1. You MUST abandon the word `basically' when talking about her living with you. She must have been living with you for 1 full year to even qualify as a common-law couple. You have to provide proof of this, because without this `piece' to your puzzle, you'll likely be denied. Even though she is not (legally) living with you [yet], you can use the address in Canada for her as well.CIC understand that a person `visiting' their partner in Canada sometimes has mail delivered to that address.

Is she on your lease/mortgage? If not, would your landlord, or lender, be willing to write a short letter stating that she has been there for at least 1 full year? Does she have mail addressed to her at this address (not just something recent, but also mail from the last year)?

2. You should include at least two notarized letters from friends or family, describing your relationship from their perspective. Remember, you have 2 big areas that you need to prove: Living together in a marriage like relationship and being in a marriage like relationship. Some of the proof will be overlapping, of course, but each piece is equally important.

3. Yes, read as many posts as you can from other common-law couples here to make sure you send the best possible application!

Good luck!

 

[duanestorey]

Thanks for the information.

But how can someone just visiting their partner in Canada also cohabit for a full year? She's only allowed entry (legally) for 90 days at time, so without leaving once and a while or constantly applying to extend it I'm not sure how it's possible. Thanks.

 

[MilesAway]

She would need to extend her stay to stay legally for one year. If she leaves the country too often or for a long period of time, then cohabitation would be deemed ended.

 

[Rob_TO]

Thanks for the information.

But how can someone just visiting their partner in Canada also cohabit for a full year? She's only allowed entry (legally) for 90 days at time, so without leaving once and a while or constantly applying to extend it I'm not sure how it's possible. Thanks.

You said you're about to submit the app, but have you actually lived together 12 consecutive months with no breaks (greater then a few weeks)?

 

[rhcohen2014]

Thanks for the information.

But how can someone just visiting their partner in Canada also cohabit for a full year? She's only allowed entry (legally) for 90 days at time, so without leaving once and a while or constantly applying to extend it I'm not sure how it's possible. Thanks.

yes, this is exactly how people do it. generally people request 6-12 mo. extensions and explain they are working towards commonlaw legal status. for visa exempt visitors, the requests are rarely denied. IF the extension granted is not long enough, they apply again later. Keep in mind she will be a visitor during this time, and can not work for a canadian company. She can work remotely for a non-canadian employer. CIC doesn't care if the applicant was in canada as a visitor, student or worker during the time of cohabitation. if you can't prove 365 consecutive days of cohabitation, then there is no point in sending in the application as commonlaw.