how to prove common law

[Gemini020]

Hi everyone,
We are in the process of applying for a visa for me, as common law partner. I would love to hear what you used as proof of the relationship, especially if it was considered sufficient by the people who review it.

We now have a whole bunch of plane tickets (both visiting each other and joint holidays, including one with my family), family newsletter mentioning both of us and our plans, pictures (also with family) and him being registered at my address. He does also have a permanent residency as my partner here in the Netherlands. His PR-card is in Dutch though.

We are currently not in the same country and I was hoping to apply before we are, so especially things for which we don't have to be in the same country for are appreciated. If many people suggest to wait and get more things done, such as joint bank account, we will have to postpone the application.

All help is appreciated.
Thanks in advance.

 

[KelseyTVS]

Can you clarify something? If you are in separate countries now, does that mean you are not living together? Have you ever lived together for 12 consecutive months? If you have and are now living separately, how long have you been living separately?

To qualify as common law, you need to have been living together for 12 consecutive months. If you live separately, it may mean you've lost your common law status. I've heard of cases where people have lived together for 12 months and then one went on holiday for as little as 2 weeks and it negated the common law status.

 

[canuck_in_uk]

If you live separately, it may mean you've lost your common law status. I've heard of cases where people have lived together for 12 months and then one went on holiday for as little as 2 weeks and it negated the common law status.

Incorrect. Once common-law status is established, living apart does not negate it, provided the couple can show the relationship is ongoing. There was a member who had been living apart from his common-law partner for 3 years and was approved. There are many members who come to Canada to become common-law and then returned alone to their home countries to work/settle affairs/etc. while waiting for PR; there is no issue with this.

It's a separation during the 1 year period to establish common-law which can reset the common-law clock.

 

[Gemini020]

Thank you both. We have lived together for over 12months without being apart. Technically we actually still live together, his holiday turned into starting to settle before me going over. On the city hall document he would still be living with me. Should we explain this in an extra letter? He has been in Canada since June and I went to visit him in August-September

 

[canuck_in_uk]

Thank you both. We have lived together for over 12months without being apart. Technically we actually still live together, his holiday turned into starting to settle before me going over. On the city hall document he would still be living with me. Should we explain this in an extra letter? He has been in Canada since June and I went to visit him in August-September

If the separation had only been for a few weeks, you could still say you are living together; however, it's been several months now, so for all intents and purposes, you aren't living together. He lives in Canada and you live in the Netherlands.

CIC accepts that couples live apart after becoming common-law. It is proving that you lived together continuously for that 12 month period that is crucial to the app. As long as you can show that, you'll be fine.

 

[Gemini020]

Thanks. I completely agree that we are not living together now, we'll just have to explain why he's still registered at my address.

Back to the original question, what did you use as (further) proof of the relationship?

 

[canuck_in_uk]

Thanks. I completely agree that we are not living together now, we'll just have to explain why he's still registered at my address.

Back to the original question, what did you use as (further) proof of the relationship?

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=347&t=14

Basically anything that shows you were both living at that address for that time period.

 

[mgrandolini]

Thanks. I completely agree that we are not living together now, we'll just have to explain why he's still registered at my address.

Back to the original question, what did you use as (further) proof of the relationship?

A few things we used to prove common law:

1. Letters from family, friends, and landlord (2 Notarized)
2. Joint bank account - along with statements showing we both deposited money into it
3. Lease for our apartment
4. Life Insurance forms showing we are each others beneficiary
5. Holiday itinerary's with both our names on them
6. Lots of pictures - all labelled with the date, location and who is in them (we tried to include lots from the holidays we included in the proof)
7. We got the statutory declaration of common law notarized

If I think of anything else I will share Good Luck!!

 

[Gemini020]

Thank you so much. Did you get approved without an interview? Unfortunately we don't have your numbers 2,3 or 4. I will be able to prove he lived at my house though. Do you think the bank account would be an important factor? That would mean we would have to delay application until he can visit me (I'm not sure I can open a bank account in Canada yet)

 

[canuck_in_uk]

Thank you so much. Did you get approved without an interview? Unfortunately we don't have your numbers 2,3 or 4. I will be able to prove he lived at my house though. Do you think the bank account would be an important factor? That would mean we would have to delay application until he can visit me (I'm not sure I can open a bank account in Canada yet)

There is pretty much no chance of an interview, so don't worry about that.

At this point, opening a joint bank account wouldn't mean anything, as it does nothing to prove your common-law status.

Everyone has different common-law proofs. Some have leases, some don't. Some have joint accounts, some don't. There is no set list of stuff that you must have, so don't stress about not having something that someone else submitted. Focus on what proofs you do have.

 

[mgrandolini]

There is pretty much no chance of an interview, so don't worry about that.

At this point, opening a joint bank account wouldn't mean anything, as it does nothing to prove your common-law status.

Everyone has different common-law proofs. Some have leases, some don't. Some have joint accounts, some don't. There is no set list of stuff that you must have, so don't stress about not having something that someone else submitted. Focus on what proofs you do have.

I completely agree. Something else we did was write a detailed story line of our relationship from start right up until we submitted application, we also wrote our future plans as well. Not sure if it was necessary but it was something extra! I wouldn't stress too much though!! Take a look around the forum, lots of great topics on differnt thing used as proof. Really helped us when pytting our app together

 

[Gemini020]

Thanks everyone. I am getting quite stressed about this whole application process. It was so easy in the Netherlands, where my boyfriend has permanent residency with me as a sponsor, that the stories of Canada scared me. I'm putting together a document with pictures, plane tickets, some emails (also between me and his family and him and my family) to mark all big and some smaller moments of the last 4 years, in chronological order. I will write a short history and future plan thing too, that sounds like a good idea and will be the easy part actually. I can hardy believe that wouldn't be enough, along with him being registered at my house and the letters, but it is nice to have that comfirmed.

Did you use the declaration of common law form btw? I read you only need that if you co-sign an application but I've also read people filling it in, and having in notarized, anyway.

I guess I should stop worrying about this part of the process and start focussing on the forms instead but for now you guys helped me potentially getting some sleep tonight so thanks again.

 

[mgrandolini]

Thanks everyone. I am getting quite stressed about this whole application process. It was so easy in the Netherlands, where my boyfriend has permanent residency with me as a sponsor, that the stories of Canada scared me. I'm putting together a document with pictures, plane tickets, some emails (also between me and his family and him and my family) to mark all big and some smaller moments of the last 4 years, in chronological order. I will write a short history and future plan thing too, that sounds like a good idea and will be the easy part actually. I can hardy believe that wouldn't be enough, along with him being registered at my house and the letters, but it is nice to have that comfirmed.

Did you use the declaration of common law form btw? I read you only need that if you co-sign an application but I've also read people filling it in, and having in notarized, anyway.

I guess I should stop worrying about this part of the process and start focussing on the forms instead but for now you guys helped me potentially getting some sleep tonight so thanks again.

All that seems like enough! We did get the declaration of common law form notarized just to add something extra to our proof so it probably wouldn't hurt!