Common Law: Yes / No

[markphilipstern]

Hi There

i have posted on a different board a few days ago but I fear it was in the wrong place. I must also apologise in advance for posting what I'm sure is the millionth topic regarding this issue. I will be more than happy to bring it down if I can just get some quick advise on my current situation.

My girlfriend has recently been accepted to study in Canada on a two year masters course and I began looking at my visa options (UK Citizen - University Graduate) to allow me to join her this week. To my horror I discovered that I missed the Working Holiday Visa Quota by 2 days so, barring any further quotas (is that likely?), I need to find another option.

As part of her study visa - there is a section for common law partners that I am interested in. We have been together for over two years now, however, eight months of that was long distance and the previous six months has been travelling together. We have finally settled and are staying together in the one house with a joint bank account (our second together), however yet another issue is that we are currently house sitting, therefore no name on a lease or utility bills (even although we are jointly paying them). Easy to say that it is all one big clusterfuck at the moment, but it would be a great help if anyone could give their opinion on this situation regarding the issue of common law status - could we be considered?

Thanks in advance for your time, and sorry again for a probably often repeated ramble!

 

[truesmile]

Every application will be considered, yes. Whether approved or not is another matter. It's really quite simple:

1) Have you "lived together" for ONE year? (Sounds like you have.)
2) Then, and even more importantly, can you PROVE it?

That's about it.

 

[markphilipstern]

Hi there, thanks for the reply!

1) We have been physically together since may 30th last year, so by the time we come to apply for the visa - Yes we will have been together for 12 months.

2) Yeah, much more importantly! That depends on what proof they would accept. A lease with our name on it or utility bills we dont have. What we do have are:

- 2 joint accounts (one German, one Australian) that have been, or were, open for a number of months
- Proof of numerous flights (long haul and short haul) / bus trips / train tickets / hostel + hotel accommodation that were purchased jointly and on the same transaction.
-Matching passport stamps showing we crossed borders together etc

My concern is that these dont constitute any sort of proof in the eyes of immigration. is this a valid concern?

 

[Rob_TO]

1) We have been physically together since may 30th last year, so by the time we come to apply for the visa - Yes we will have been together for 12 months.

As long as this has been continuous co-habitation (12 consecutive months with no major gaps living apart inbetween), then you would qualify for common-law at the 1-year point.

2) Yeah, much more importantly! That depends on what proof they would accept. A lease with our name on it or utility bills we dont have. What we do have are:

- 2 joint accounts (one German, one Australian) that have been, or were, open for a number of months
- Proof of numerous flights (long haul and short haul) / bus trips / train tickets / hostel + hotel accommodation that were purchased jointly and on the same transaction.
-Matching passport stamps showing we crossed borders together etc

My concern is that these dont constitute any sort of proof in the eyes of immigration. is this a valid concern?

A shared lease and utilities is not a mandatory requirement. In our common-law application, our home and all utility bills were in my name only. This was because I bought the house before i met my fiancee, and it's a huge pain to add someone to a mortgage before the term is up. So in the end the only proof we had to show common-law was basically:
- mail addressed to her, delivered to our home
- joint credit card
- life insurance with each other listed as primary beneficiary
- her being added to my benefits plan at work, as common-law spouse
- 1 testimony letter from family member, stating our relationship was genuine and we were living together

What i would advise for you to include is:
- get life insurance on each other. You can get a very cheap spousal term insurance policy, that will cover both of you and list each other as beneficiary
- get testimonial letters. Most importantly from the owner of the home you're staying in. Make sure it clearly states you are LIVING there (don't say house-sitting, stress "living") together since May 30, 2012. Also testimony letters from neighbours, friends and family help a lot.
- show you are both receiving mail (could be phone bills or whatever) at the same address
- for times spent travelling, show receipts for hotels you've stayed at that list both of you as guests
- once you become officially common-law, have your girlfriend change her status with Canada Revenue Agency to "common-law" via their online site. You can then print out this page which show common-law status, date it happened, and partner name... and include in application. You would do this here: http://www.cra-arc.gc.ca/myaccount/