Common Law

[anthony.hj.kim]

Hi Everyone,

And happy new years!
I love this forum and is definitely useful.

Sorry I am really lost with the idea/notion of common-law, its applications, and its benefits..

I am a Canadian citizen and over 19 years of age. I had met my girlfriend (had lived together for over a year and now living in different provinces due to my job) over three years ago.

She is on a working (holiday) visa but has to go in a few months and I want for her to stay but do not have the resources for a marriage until the next 2 years, and thus I would like to “apply” for common law status as I heard that she may be able to get a PR status of some sort and can even come back.

Thus, we had our IMM 5409 (Common Law Declaration) notarized and we were wondering, what do we do now?

Many thanks for your kind responses in advance!

 

[AllisonVSC]

Apply in the family class stream as common law spouses. By the way there is a VERY active family class folder on this site and you will get lots of help there!

 

[Leon]

So you met her over 3 years ago but when did you live together for a year? If it was not too long ago, you can apply to sponsor her for PR as your common law partner.

 

[deemel]

Hello everybody.. good day..

i was wondering about the form for Statutory Declaration of Common-Law (IMM 5409). I have learned that there is a new version of this form, but my partner and I had filled up this kind of form but it was way back 2014. Now my question is, can we still use that old document for Statutory Declaration of Common-Law because she is currently in the process of applying for "care for high medical needs".
she is in Canada as a foreign worker and i am in Qatar as a foreign worker also..

 

[ButterflyChemist]

Hi Everyone,

And happy new years!
I love this forum and is definitely useful.

Sorry I am really lost with the idea/notion of common-law, its applications, and its benefits..

I am a Canadian citizen and over 19 years of age. I had met my girlfriend (had lived together for over a year and now living in different provinces due to my job) over three years ago.

She is on a working (holiday) visa but has to go in a few months and I want for her to stay but do not have the resources for a marriage until the next 2 years, and thus I would like to “apply” for common law status as I heard that she may be able to get a PR status of some sort and can even come back.

Thus, we had our IMM 5409 (Common Law Declaration) notarized and we were wondering, what do we do now?

Many thanks for your kind responses in advance!

If you've lived together for one year (continuous) then you are indeed PR however,you have stated that you have been living apart in recent times because of work. Any separation will nullify the claims of common law unless you have proof that you are still maintaining the relationship while apart (phone logs, visits etc). You can sponsor her for PR which should qualify her for an open permit but you must live together or at least that is my understanding. Maybe the link below can help.

http://www.cic.gc.ca/english/department/media/notices/2015-12-11.asp