common law vs marriage stats?

[Lady_Ashka]

I am wondering: I know that, officially, common law and marriage status are considered, for immigration, as equal, but I would like to ask if anyone knows whether there is, in practice, preference given to married as opposed to common law married couples? in other words, say, if there are two couples and have the same amount and kind of evidence for their relationship, but one is married and the other common law, will the married couple get preference over common law? My BF and I have been in a common law relationship for almost 2 years now and are getting ready to apply for PR for me (he's Canadian and will sponsor me), and we really really want to stay together, we are trying for a baby etc. But I am suddenly in doubt as to whether it will somehow diminish our chances if we stay common law? Also, it might look suspicious for CIC if we now get married and apply, like, a month later, I guess. Anyways, does anyone know if there is a practical preference? Also, what happens if, god forbid, your application is rejected: does that ban you from applying for residency again?

 

[krishnalynn]

There is no cap for spousal applications. If you have the evidence and can prove it well, just like a married couple, you'll get approved. They won't reject you just because you're not married. If you apply outland, you can appeal if for some reason they reject you. But you will be called in for an interview and asked to provide extra evidence, they wouldn't just reject you unless you were completely ineligible (criminal past, etc)

 

[Rob_TO]

but I would like to ask if anyone knows whether there is, in practice, preference given to married as opposed to common law married couples?

No, there is no preference.

Also, what happens if, god forbid, your application is rejected: does that ban you from applying for residency again?

No, you can certainly apply again if you fix whatever problem it was that got app rejected the first time.

 

[Lady_Ashka]

Wonderful, thanks so much guys!!!! It's very good to hear, we will take a few more months to put together what will be, hopefully, a strong application, and will probably ask maaaany questions here, but it's good to know we are not doomed to fail. What a relief!

have a great day

 

[surleplateau]

For Family Class: Spouse/Partner, if your sponsor gets approved, then it's unlikely that your application for PR would get rejected without warning unless you lied about something or a had a criminal record without rehabilitation period (5 years). They would most likely call you in for an interview if they questioned the genuine nature of your relationship. But most folks, especially if living together for 2+ years, don't get called in for interviews.

Check this page and just be sure to account for 12-continuous months of proof at some point. How can my common-law partner and I prove we have been together for 12 months? You do not need to include all these items to prove your relationship is real. Citizenship and Immigration Canada may consider other proof as well.

If you guys had a month or two apart in the beginning of your relationship, don't start counting the 12 months until you can have a 12-month period without any breaks ("short trips" are okay, generally that seems to mean 1-2 weeks for business or family).

 

[keesio]

CIC treats common-law and marriage the same in regards to priority. However, common-law applicants need to submit more documentation proving their common-law status than a married couple would (just need a marriage certificate).

 

[Aquakitty]

The only difference MIGHT be that there is extra documentation to scrutinize. As I just said on another thread, it's wholly dependant on the applicant's situation.

I mean, I got married in Las Vegas, no family there. We were processed in under 4 months total, but that's because my husband is American. I doubt that would be the case if you are from a culture that demands certain customs.

So from cultures where it is acceptable to be common-law it's not going to make any difference aside from the extra documentation.

Anecdotally, it seems like more married couples get the very fast processing speeds. But that is just my observation. I don't really have any hard data to back it up, just from reading threads.

 

[rugrat907]

The only difference MIGHT be that there is extra documentation to scrutinize. As I just said on another thread, it's wholly dependant on the applicant's situation.

I mean, I got married in Las Vegas, no family there. We were processed in under 4 months total, but that's because my husband is American. I doubt that would be the case if you are from a culture that demands certain customs.

So from cultures where it is acceptable to be common-law it's not going to make any difference aside from the extra documentation.

Anecdotally, it seems like more married couples get the very fast processing speeds. But that is just my observation. I don't really have any hard data to back it up, just from reading threads.

And we were married (I'm American), I applied 2 1/2 weeks after you, yet mine took 9 months. Yours was incredibly fast, as were a small number of other people that applied in early March. There really is no rhyme or reason to it...

 

[o6ocpaka]

We applied 5 months after getting married and had no issues, did not want to take any chances to apply with common-law scenario. Common-law seems very vague, some get lucky with it and some don't with the immigration process getting stuck for over a year or more. And yes, you would need an overwhelming evidence of your common-law relationship.

 

[Lady_Ashka]

What do you mean 'overwhwlming evidence'? We've lived together since sept 2014 (will apply around july 2016), we will have the common law declaration signed and will have done our taxes together by then, we have anapartmen lease together and hydro bills comingfor us together, looots of mail toboth of us and us indivodually, ahared account and credit card, both have ohip and driving licences for the same address, lots of picd from family meetings and trips, evidence for travel together and our families meeting and us hanging out with each other's families, will have abouut 14 letters describing our relationship, we have tons of texts and emails and skype records (we've known each other for a few years, and of contactwhen we were apart for trips), i also have a few other pieces of evidence for my address with him qnd we have ajoint family membership at the gym, as well as all other house expenses (internet), ashared checkbook, we bought lots of furniture together, and every day texts. I live here (i have a WP) but ee will be applying outland... does that sound ok? I can't think of anything else we could provide, any ideas? (I do not have a criminal record) I am getting from most of your replies that common law seems to be ok (so why does the last post say 'risk' the common law scenario? and it's good to know thesponsorship approval is the most crucial bit (he's a university professor)..


I am worried whether this evidence looks like enough, and about two things: i am only now changing my name after my divorce some time ago, because the law in my country only allows to do it up to 3 months (wjich ive missed) and then one needsto try a different route (it'scomplicated), i am going to explain that in a letter i will attach to the application. The second thing i am worried is that about 20 years ago my partner was arrested for taking part insome kind of a demonstration for one night and i worry that might somehow influence his evaluation as a sponsor??? Finally,we were apartfor 3 weeks in may 2015, which is why we will apply in july to have over the 12 months of habitation required, though our lease is ftom september 2014.what are your thoughts on this?

 

[canuck_in_uk]

I am getting from most of your replies that common law seems to be ok (so why does the last post say 'risk' the common law scenario?

I am worried whether this evidence looks like enough, and about two things: i am only now changing my name after my divorce some time ago, because the law in my country only allows to do it up to 3 months (wjich ive missed) and then one needsto try a different route (it'scomplicated), i am going to explain that in a letter i will attach to the application. The second thing i am worried is that about 20 years ago my partner was arrested for taking part insome kind of a demonstration for one night and i worry that might somehow influence his evaluation as a sponsor??? Finally,we were apartfor 3 weeks in may 2015, which is why we will apply in july to have over the 12 months of habitation required, though our lease is ftom september 2014.what are your thoughts on this?

Ignore everything in that post. There is no need for "overwhelming evidence", common-law is not at all vague and there is no risk in applying as common-law.

As for your evidence, you have WAY more than enough; seriously, you could cut out half of that and it would still be a strong app. Because you live together, there is no need to include any communication proofs such as chats/texts/emails/skype/etc.

There is no requirement to change your name after a divorce, so that is a non-issue. I wouldn't even bother explaining it.

Your partner's arrest will have zero effect on the app.

There will be no risk since you are applying more than one year after that 3 week separation.

 

[Lady_Ashka]

Thank you very very much for this answer!!!! I must say, I started freaking out a bit what a relief!!!! thanks