More evidence of common-in-law relationship

[LeisaP]

To qualify as a common-law relationship, you have to have been in a common-law relationship for 12 months at least. So, I was suggesting you review the evidence you are sending to make sure you spanning at least 12-months. For example, from your last post, you seem to have sent airline tickets covering Jan 2011 to Sept 2011. If you have any additional tickets from 2012 or Fall of 2010 I would add them in also so that you span at least 12 months. Similarly for other evidence.

Also, if you have declared each other as common-law partners for other purposes to the outside world (CRA, employment benefits, etc.) add it in also so that it isn't just family and friends who are aware of your relationship but you've presented it to other organizations that way too.

It may help to prepare a timeline to show them your evidence spans xx years (over 12 months) also so they can see it easily.

Careful here ... in the sections on common-law relationships I referred you to in OP-2, they explicitly discuss (I'm paraphrasing here from memory) that common-law relationships should not be seen as a way to allow the partner to become a PR to be in Canada while getting married (it is not a fiancee visa, in other words). You need to qualify to be common-law partners per the characteristics of a common-law relationship itself and have intertwined your affairs for at least 12-months already.

yes all of this is true

 

[LauraCanada]

Unfortunately we have no pets and yes my partner has a life insurance but the beneficiaries are still his parents. We are waiting till im eligible to have a life insurance (once I will get my residency) to put me as beneficiary and he will be mine.

When we met I lived in Australia and I quit my job (May 2010) to be able to follow my partner in Canada. The CEO of the company I worked for knows my partner and he knows the reason I resigned was because I was in love and I wanted to move to Canada. My CEO wasn't too happy to let me go, but on the other hand he didn't have any choices. I might try to ask him to write me a letter stating what I just wrote. We kept in touch even after I left and his brother is one of my very good friends.

Just a question in the notarized common-law declaration what do you write exactly? Just that we have been living together since April 2010 and he has financially supported me since October 2010. We sleep in the same bed, we are committed to each other and planning our lives together. And what else? Sorry if that sounds stupid to you guys but I wanna be sure I am doing to do the right thing.

we have his flight ticket and Australian tourist visa of when he came to visit me in Australia at the beginning of 2010. I still have my business visa on my passport that showed I have lived there for almost 3 years. We send several pictures of when we were in Australia (till June 2010).

 

[LeisaP]

Unfortunately we have no pets and yes my partner has a life insurance but the beneficiaries are still his parents. We are waiting till im eligible to have a life insurance (once I will get my residency) to put me as beneficiary and he will be mine.

When we met I lived in Australia and I quit my job (May 2010) to be able to follow my partner in Canada. The CEO of the company I worked for knows my partner and he knows the reason I resigned was because I was in love and I wanted to move to Canada. My CEO wasn't too happy to let me go, but on the other hand he didn't have any choices. I might try to ask him to write me a letter stating what I just wrote. We kept in touch even after I left and his brother is one of my very good friends.

Just a question in the notarized common-law declaration what do you write exactly? Just that we have been living together since April 2010 and he has financially supported me since October 2010. We sleep in the same bed, we are committed to each other and planning our lives together. And what else? Sorry if that sounds stupid to you guys but I wanna be sure I am doing to do the right thing.

we have his flight ticket and Australian tourist visa of when he came to visit me in Australia at the beginning of 2010. I still have my business visa on my passport that showed I have lived there for almost 3 years. We send several pictures of when we were in Australia (till June 2010).

hmm. yeah the beneficiary thing would help. but if his parents are on there its a touchy subject.

yeah try to get a letter from the boss too. really anything would help..

the notary you dont write anything, you go to the notary office and ask to see a commisioner to get a declaration of common-law.
and they have a specific form that they fill out. with your information and his.
than you both sign the agreement and the commisioner signs it aswell.
thats it. its a legal form, you dont have to write any letter or anything like that.
they will have the correct paperwork for you.

 

[LauraCanada]

Oh ok, thanks for your reply. I have never done it so I had no idea.

We thought last year about changing the beneficiary but then we didn't know it would have been so important and we just preferred to wait till I will do mine..grrrr...if I only knew it.

I am preparing now a timeline from the day we met to the day I sent my application (September 2011). So it's more organised with description and pictures and flight tickets at the right place it will be easier for CIC to understand the story of our relationship and the fact that he has been paying everything for me since October 2010.

 

[LeisaP]

Oh ok, thanks for your reply. I have never done it so I had no idea.

We thought last year about changing the beneficiary but then we didn't know it would have been so important and we just preferred to wait till I will do mine..grrrr...if I only knew it.

I am preparing now a timeline from the day we met to the day I sent my application (September 2011). So it's more organised with description and pictures and flight tickets at the right place it will be easier for CIC to understand the story of our relationship and the fact that he has been paying everything for me since October 2010.

yup. dont worry before we did it , i had no idea about it either.

yeah that would have been helpful..

also when doing your timeline. dont stop at sept 2011. go right up untill today or untill the day you sent it!!
it would be much better than stopping at sept.

 

[LauraCanada]

I thought to stop at September 2011 because that's the date I sent my application to CIC. I can also keep on till today, but I don't think it matters as I think CIC wants to know that I and my partners have been in common-law-relationship for at least 1 year before I applied for my PR...am I right?

 

[LeisaP]

I thought to stop at September 2011 because that's the date I sent my application to CIC. I can also keep on till today, but I don't think it matters as I think CIC wants to know that I and my partners have been in common-law-relationship for at least 1 year before I applied for my PR...am I right?

yes but also you are trying to prove your relationship. how it developed, how it went through the year and that it is a continueing relationship.
seeing as they are giving you a chance to send in more evidence. it would be very helpful if you kept your timeline going untill you send in the new evidence.

tons of people send in extra evidence a few months after there application is started. to prove the relationship is continueing and steady.
we have tons and tons of evidence. but because it was been 6 months since we sent our package and so much as happened since than. we are going to send in another package of pictures, events, tickets, etc. just to prove the relationship is still active and progressing.

like i mentioned before. its always a
"better safe than sorry" situation.

 

[LeisaP]

here is a copy of the operation manual CIC uses when they are determining if a relationship is genuine.
this will be very helpful!.

I find CIC's discussion on characteristics and assessment of conjugal relationships in OP-2 really helpful (and inspirational) as a starting point for these discussions:

"In the M. v. H. decision, the Supreme Court adopts the list of factors that must be considered in
determining whether any two individuals are actually in a conjugal relationship from the decision of
the Ontario Court of Appeal in Moldowich v. Penttinen. They include:
• shared shelter (e.g., sleeping arrangements);
• sexual and personal behaviour (e.g., fidelity, commitment, feelings towards each other);
• services (e.g., conduct and habit with respect to the sharing of household chores)
• social activities (e.g., their attitude and conduct as a couple in the community and with their
families);
• economic support (e.g., financial arrangements, ownership of property);
• children (e.g., attitude and conduct concerning children)
• the societal perception of the two as a couple."

"Based on this, the following characteristics should be present to some degree in all conjugal
relationships, married and unmarried:
• mutual commitment to a shared life;
• exclusive – cannot be in more than one conjugal relationship at a time;
• intimate – commitment to sexual exclusivity;
• interdependent – physically, emotionally, financially, socially;
• permanent – long-term, genuine and continuing relationship;
• present themselves as a couple;
• regarded by others as a couple;
• caring for children (if there are children).
People who are dating or who are thinking about marrying or living together and establishing a
common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live
together to “try out” their relationship.
Persons in a conjugal relationship have made a significant commitment to one another."

and then outlines examples of evidence:

"Financial aspects of the relationship
• Joint loan agreements for real estate, cars, major household
appliances;
• Joint ownership of property, other durable goods;
• Operation of joint bank accounts, joint credit cards evidence that any
such accounts have existed for a reasonable period of time;
• The extent of any pooling of financial resources, especially in relation
to major financial commitments;
• Whether one party owes any legal obligation in respect of the other.

Social aspects of the relationship
• Evidence that the relationship has been declared to government
bodies and commercial or public institutions or authorities and
acceptance of such declarations by any such bodies;
• Joint membership in organisations or groups, joint participation in
sporting, cultural, social or other activities;
• Joint travel;
• Shared values with respect to how a household should be managed;
• Shared responsibility for children; shared values with respect to
child-rearing; willingness to care for the partner's children;
• Testimonials by parents, family members, relatives or friends and
other interested parties about the nature of the relationship and
whether the couple present themselves to others as partners.
Statements in the form of statutory declarations are preferred.

Physical and emotional aspects of the relationship -the degree of commitment as evidenced by:
• Knowledge of each other's personal circumstances, background and
family situation;
• Shared values and interests;
• Expressed intention that the relationship will be long term;
• The extent to which the parties have combined their affairs, for
example, are they beneficiaries of one another's insurance plans,
pensions, etc.?
• Joint decision-making with consequences for one partner affecting
the other;
• Support for each other when ill and on special occasions letters,
cards, gifts, time off work to care for other;
The terms of the parties' wills made out in each other's favour
provide some evidence of an intention that the relationship is long
term and permanent;
• Time spent together;
• Time spent with one another's families;
• Regular and continuous communication when apart.

Examples of supporting documents:
• Family memberships, medical plans, documentation from institutions that provides
recognition as a couple;
• Marriage certificate (not just a solemnization record), wedding invitations, commitment
ceremony (certificate, invitations), domestic partnership certificate;
• joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan,
property title, joint bank statements; money transfers.
• documents showing travel together, long distance phone bills; other proof of continuous
communication (emails, internet chat site printouts, letters).
• insurance policies (documents naming the partner as a beneficiary), wills, powers of
attorney;
• significant photographs;
• statements of support from families, bank manager, employers, financial professionals,
religious leaders, community leaders, professors, teachers or medical professionals."

 

[KJG]

I thought to stop at September 2011 because that's the date I sent my application to CIC. I can also keep on till today, but I don't think it matters as I think CIC wants to know that I and my partners have been in common-law-relationship for at least 1 year before I applied for my PR...am I right?

LauraCanada....definitely send in all evidence to date....you cannot assume that they will think the relationship is still on if you do not update the evidence till the current time....and again better too much than to little ;D

 

[LauraCanada]

Perfect, I will guys! Starting now Yeah you are right...I might get together a book of wonderful memories )))

I just want to take a moment to say "thank you all very much". Your help and advice has been precious and very helpful.

I will keep you update on what CIC will tell me tomorrow in order to not have any more people in my same spot

 

[LeisaP]

Perfect, I will guys! Starting now Yeah you are right...I might get together a book of wonderful memories )))

I just want to take a moment to say "thank you all very much". Your help and advice has been precious and very helpful.

I will keep you update on what CIC will tell me tomorrow in order to not have any more people in my same spot

yes start a book!
we did ours as a journal! and i am so hoping cic gives it back to us because i would love to make it into a memorie scrapbook to show our kids one day!


thanks! yeah im interested to see what they say

good luck with everything!!

 

[LauraCanada]

Leisa that's an amazing idea...We will show our future kids what their mommy and daddy had to go through to be together and to be a family one day soon. I am sure they will be very proud of us and we will be an amazing model/example of love for them

I just starting to read the last 3 year of skype conversation (holy cow if we wrote a lot hehe). We have also few arguments (nothing majors just normal stuff). I am thinking to include them as well, they prove that our relationship is genuine and normal...right? I am sure we will make laugh hard that poor CIC agent who is gonna read our conversation

Starting my book now I guess I have lots of work in front of me

 

[LeisaP]

Leisa that's an amazing idea...We will show our future kids what their mommy and daddy had to go through to be together and to be a family one day soon. I am sure they will be very proud of us and we will be an amazing model/example of love for them

I just starting to read the last 3 year of skype conversation (holy cow if we wrote a lot hehe). We have also few arguments (nothing majors just normal stuff). I am thinking to include them as well, they prove that our relationship is genuine and normal...right? I am sure we will make laugh hard that poor CIC agent who is gonna read our conversation

Starting my book now I guess I have lots of work in front of me

haha yeah!! it would be such a special story to share with kids. indeed an amazing example of love and perseverance!
Dreams can come true

haha thats great!! you should take pieces from the very begining. maybe a couple from every week or month. throughout the whole three years. include the fights! because this does show a normal relationship! haha well at least they will be entertained. im sure sometimes they get a little bored reading the same sort of thing over and over.

yup! lots of work but it will be worth it for sure!. if you think of more stuff just add it. even if its evidence that is so small. every little thing counts.
likes ours we added a paper showing we had a costco card with both our names... so small... but its something a normal couple would have. so its good

 

[LauraCanada]

Ok Guys, it's 9:18am in Ontario and I called CIC.

I told what I sent and the reply was "I don't know what you can send more" LIKE ARE YOU KIDDING ME OR WHAT????

Well as suggested from you, what I am doing is:
- Journal of our common-in-law relationship up to date (in which I include part of skype conversations, facebook messages, flight tickets, pictures, presents) - I did the first 6 months and I am already at page 33
- notarised common-in-law declaration;
- emails between me and my partner's parents;
- more statutory declaration + another letter from my partner's parents explain we live with them that's why we don't have bills at our name and including some hydro, water, gas, phone bills at my partner's father name;
- 300 pages of skype conversations between me and my partner;
- about 100 emails between me and my partner;
- a new letter from the bank stating we have a joint bank account since December 2010;
- emails to the wedding planner in Barbados, about the organisation of our wedding in April 2013 (hoping we don't have to postpone);
- we have 2nd joint bank account opened in September 2011;
- pictures of my 2 diamond rings my partner has given to me as gift to celebrate our love

And anything more it will come in my mind

Just to let people in my same situation know, when I sent my application 11 months ago, I sent the police certificates but not the medical exams. The CIC agent this morning told me the police certificates don't expire I only have to sent them once. And he also add that to speed up the 2nd step I can sent my medical exams now.
Just to be precise I applied for PR in land.

p.s. Some of you have sent to CIC the Facebook logs. What does that mean? email and password of my and my partner's facebook account?

Thank you guys for all the support and precious help!!

 

[perkele]

Oh wow,

I just read this thread and now I'm starting to worry.
My boyfriend and I sent out our inland application in February 2012 under common-law as well and we have about the same kind of proof as you do with the exception that we have a lease together and I am the sole beneficiary of my boyfriend's life insurance, however we have no joint account. (I am the sponsor)

Let us know how this works out for you as I'm really curious now.

Good luck!