Conjugal or common-law? Better chances of success?

[Cedrik]

Hi! I'm new to this forum and I'd like to say hi to everyone. This is a great community and I'm happy to join!
I have a relatively easy question, as opposed to some of the crazy situations I've read about on this forum...
I'm in a spousal relationship with a woman who lives in Western Europe. She's moving to Canada full-time using her tourist visa in a couple of weeks.
If I understand properly, if we want to apply right now, we'd need to do it as a spousal relationship and using the "out of Canada" form.
However her status will change because she wont be out of Canada anymore.
This also means that OUR status will change from spousal to common-law in more-or-less 1 year from now.
Here are my questions:
- Are we better to apply as spousal AND out-of-Canada OR common-law AND in-Canada? Which has better chance of success?
- Can we claim common-law from the moment we were physically together even though we didn't share the same address? Would that become a sticking point?
- Would we be better to wait out the whole year? Of course that would make it difficult on our finances, but...

Thanks for taking the time to read and answer!

 

[Nyhiraba]

Re: Spousal or common-law? Better chances of success?

Hi! I'm new to this forum and I'd like to say hi to everyone. This is a great community and I'm happy to join!
I have a relatively easy question, as opposed to some of the crazy situations I've read about on this forum...
I'm in a spousal relationship with a woman who lives in Western Europe. She's moving to Canada full-time using her tourist visa in a couple of weeks.
If I understand properly, if we want to apply right now, we'd need to do it as a spousal relationship and using the "out of Canada" form.
However her status will change because she wont be out of Canada anymore.
This also means that OUR status will change from spousal to common-law in more-or-less 1 year from now.
Here are my questions:
- Are we better to apply as spousal AND out-of-Canada OR common-law AND in-Canada? Which has better chance of success?
- Can we claim common-law from the moment we were physically together even though we didn't share the same address? Would that become a sticking point?
- Would we be better to wait out the whole year? Of course that would make it difficult on our finances, but...

Thanks for taking the time to read and answer!

Are you married? If so you cannot apply as common law.

In order to qualify as a common law applicant you must have lived together continuously for 1 year. You are not common law until you have lived together for 1 year continuous year.

 

[Cedrik]

Re: Spousal or common-law? Better chances of success?

What if we have continuously been together under the same roof but have had separate official addresses? Would that still count as common-law? Do they want the proof of the very first day?

 

[Aquakitty]

Re: Spousal or common-law? Better chances of success?

What if we have continuously been together under the same roof but have had separate official addresses? Would that still count as common-law? Do they want the proof of the very first day?

You have to have proof you've lived together for one full year. Such as, a lease in both your names, mail that goes to the same address, licenses at the same address, etc.

You can only apply if you are married or common-law. She can apply outland while "living" in Canada.

Is she visa-exempt?

 

[Oak]

Re: Spousal or common-law? Better chances of success?

What if we have continuously been together under the same roof but have had separate official addresses? Would that still count as common-law? Do they want the proof of the very first day?

Hi,

Your post is really confusing.

1. What is the main concern of your question right now? You are saying she is "moving to Canada full-time with her visitor visa". Nobody can stay "full-time" per se in Canada just by a visitor visa.

2. What do you mean by our marital status "will change from spousal to common-law"? If you are married to this woman, you will be married and it will be a spousal relationship. It's either you guys are married to each other, or you are not.

3. Proofs for common-law relationship can be found on this website: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=347&top=14

 

[mikeymyke]

Re: Spousal or common-law? Better chances of success?

She can't just simply move permanently using the visitor visa, it's only for temporary stays only.

 

[Cedrik]

Re: Spousal or common-law? Better chances of success?

Hi,

Your post is really confusing.

1. What is the main concern of your question right now?

When I first wrote the post, I wanted to know if we had a better chance success using the outland+conjugal or inland+common-law. That question has now been answered.

You are saying she is "moving to Canada full-time with her visitor visa". Nobody can stay "full-time" per se in Canada just by a visitor visa.

Ok, but since she's visa exempt, she can come and go as she wants. If her official address is now in Canada, and if we respect the rules for the visitor visa, we can become common-law partners even though she uses a tourist visa.

2. What do you mean by our marital status "will change from spousal to common-law"? If you are married to this woman, you will be married and it will be a spousal relationship. It's either you guys are married to each other, or you are not.

3. Proofs for common-law relationship can be found on this website:

Sorry about that, it's my fault. I meant that our status will change from conjugal to common-law.
Yes, I understand that I need to prove that we are common-law partners, however I need to know if they want us to prove FROM THE VERY FIRST DAY or prove it in "general".

 

[Cedrik]

Re: Spousal or common-law? Better chances of success?

She can apply outland while "living" in Canada.

Is she visa-exempt?

Yes, yes she is. That seems to be the plan: use the fact that she's visa exempt for us to live together. However we've lived together for the past 5+ months, though not in Canada. I'm shifting my focus on that question: can we use the 5+ months or not? (Thanks for answering it's very helpful!)

 

[ImABule]

Re: Spousal or common-law? Better chances of success?

When I first wrote the post, I wanted to know if we had a better chance success using the outland+conjugal or inland+common-law. That question has now been answered.

Ok, but since she's visa exempt, she can come and go as she wants. If her official address is now in Canada, and if we respect the rules for the visitor visa, we can become common-law partners even though she uses a tourist visa.

Sorry about that, it's my fault. I meant that our status will change from conjugal to common-law.
Yes, I understand that I need to prove that we are common-law partners, however I need to know if they want us to prove FROM THE VERY FIRST DAY or prove it in "general".

You will need to get married or live together for one year continuously to qualify as common law.

If you apply as common law you will need to prove that you lived together from the very first day to the end of 365 days. As someone already said you will need something like a lease, ID showing same address, utility bills showing both names at same address etc. The more proof the better.

I'm not sure why you mention outland conjugal as you do not qualify to apply as conjugal partners as there is no legal barrier preventing you from marrying your partner.

 

[scylla]

Re: Spousal or common-law? Better chances of success?

Ok, but since she's visa exempt, she can come and go as she wants. If her official address is now in Canada, and if we respect the rules for the visitor visa, we can become common-law partners even though she uses a tourist visa.

She can't actually come and go as she wants. If and how long she is allowed into Canada is entirely up to the CBSA officer she encounters at the border. Generally it's a good idea not to make it too obvious that she plans to enter Canada to live here. That can cause issues entering Canada.

 

[scylla]

Re: Spousal or common-law? Better chances of success?

Yes, yes she is. That seems to be the plan: use the fact that she's visa exempt for us to live together. However we've lived together for the past 5+ months, though not in Canada. I'm shifting my focus on that question: can we use the 5+ months or not? (Thanks for answering it's very helpful!)

The one year of cohabitation needs to be continuous (i.e. no breaks). So it depends how much of a break there is between these 5+ months and her arriving in Canada to live with you. If there's a 2-3 week break - you should be able to count the time. If it's more than that, you'll be starting the one year from scratch.

 

[Cedrik]

Yes, I think the answers here make it quite clear: we have to prove the whole time in order to claim common-law, but there is a bit of lee-way, in the sense that it depends on the agent looking at our application. I think, in order to be on the safe side, that we should open a common bank account and change a few of my bills to her name so that we can have proof, and file our immigration papers as soon as 12 months have passed that she has bills under her name at the Canadian address. That'd be the best way, I think.

She can't actually come and go as she wants. If and how long she is allowed into Canada is entirely up to the CBSA officer she encounters at the border. Generally it's a good idea not to make it too obvious that she plans to enter Canada to live here. That can cause issues entering Canada.

Yes, this is very good advice. Thank you.

 

[canadianwoman]

You need proof from the first day you start living together. Ideally, her name will be on the lease with yours. If it isn't, or you already have a mortgage or own a house, try to get her name added to the utilities. She can also get a phone plan with the shared address. If you have 12 months of bills with both your names on them, or with your name on some bills and her name on others, this will help prove cohabitation. The joint bank accounts are very good, but do not prove cohabitation.

Get mail addressed to you, to her, and to both of you at the common address - and keep the envelopes (unless it is an official letter with your address and name on the letter itself).

She can live with you in Canada as a visitor, but when she crosses the border, she should not say she is moving to Canada. She should be clear with the border agent that she is just visiting. Ideally she will have proof of ties to her home country, and a return ticket with a specific date (she can change the ticket later).

Probably you will not be able to use the 5 months you have already lived together, because you need solid proof of this. In addition, if there is too much of a break between the end of the 5 months, and her arrival in Canada, the 5 months won't count even with proof. However, in the application you should certainly say you were living together for those 5 months, and provide whatever proof you have - this is good evidence that the relationship is genuine, even if it is not enough to establish a common-law relationship.

You cannot sponsor her as your conjugal partner.

 

[Cedrik]

You need proof from the first day you start living together. Ideally, her name will be on the lease with yours. If it isn't, or you already have a mortgage or own a house, try to get her name added to the utilities. She can also get a phone plan with the shared address. If you have 12 months of bills with both your names on them, or with your name on some bills and her name on others, this will help prove cohabitation. The joint bank accounts are very good, but do not prove cohabitation.

Get mail addressed to you, to her, and to both of you at the common address - and keep the envelopes (unless it is an official letter with your address and name on the letter itself).

She can live with you in Canada as a visitor, but when she crosses the border, she should not say she is moving to Canada. She should be clear with the border agent that she is just visiting. Ideally she will have proof of ties to her home country, and a return ticket with a specific date (she can change the ticket later).

Probably you will not be able to use the 5 months you have already lived together, because you need solid proof of this. In addition, if there is too much of a break between the end of the 5 months, and her arrival in Canada, the 5 months won't count even with proof. However, in the application you should certainly say you were living together for those 5 months, and provide whatever proof you have - this is good evidence that the relationship is genuine, even if it is not enough to establish a common-law relationship.

You cannot sponsor her as your conjugal partner.

Thank you very much for your precise answers!