Non Accompanying common law.....

[batchi]

Hello can anyone help me please.... my partner received his LMO 1 week ago..he is now filling up all the application forms...we are in a common law relationship coz we've been living together for almost 9 years...In his application his current status is in a common law relationship and then there is a question are you previously married he said yes coz he still married and they are not living together or separated.

my question is should he need to fill-up the statutory declaration of common law and submit proofs even if I am not accompanying him in canada???

is there any possibility he can't get a working visa if there is question or doubt on our common law relationship...He already has an LMO and a contract from his employer.

Im really confuse coz I'm not accompanying him but they said he should fill-up statutory declaration of common law and submit proofs of our relationship..can anyone please help me..im really confuse...

thank you very much

 

[canadianwoman]

He has to declare you as his common-law partner and provide the documents they request, even though you are not accompanying him now. If he doesn't, then later he won't be able to sponsor you.

 

[batchi]

Thank you for your reply... we will submit all the proof.. the only proofs we have is a joint account open 2008, various photos with his family and on this photos they can saw how our children grow....his declaration that im his common law partner and a declaration from his mother and from a friend.
official receipt of furniture we both in 2010...do you think all our proofs is enough?...should there any reason he cannot get a working visa if they have a doubt on our relationship?

thanks for your reply it is a great help for us.....

 

[canadianwoman]

That sounds like good proof - also include anything financial, such as joint bank accounts, and proof you live together, such as a lease or property deed in both names.
Even if the visa officer does not believe your relationship is genuine, he should still be able to get a working visa.

 

[batchi]

thanks...yes we have a joint bank account..we dont have a lease agreement coz we live in the 2nd level of his mother house...all utilities are under his name...but year 2005 to 2006 we rent an apartment should we ask a lease agreement from the owner of the apartment? what will happen if the relationship is denied does it mean he cannot sponsor me? thank you very much.....

 

[batchi]

will CIC ask the birth certificate of our daughter as a proof of our relationship or not? coz if CIC will as the birth certificate we will have a big big problem...coz he is married ing 1995 and we are married in 2004 that's why we declare me as common since our marriage is void and null from the beginning since his first marriage is not yet annulled. but we he is working on the annulment papers from his first wife? would you think it will be problem? thank you so much.........

 

[canadianwoman]

thanks...yes we have a joint bank account..we dont have a lease agreement coz we live in the 2nd level of his mother house...all utilities are under his name...but year 2005 to 2006 we rent an apartment should we ask a lease agreement from the owner of the apartment? what will happen if the relationship is denied does it mean he cannot sponsor me? thank you very much.....

The mother can mention the fact that you two live together in the second storey of her house in the affidavit she writes stating she believes the relationship is genuine.
If you can get a lease agreement, it wouldn't hurt. Just a letter from him stating you two lived together would be OK.
If they don't believe the relationship is genuine, he could still try to sponsor you later, with more proof.

What is wrong with the birth certificate? Does it not list him as the father? If you need to, you can always get a DNA test. If the visa officer wants one, he/she will ask for it. Lots of people from the Philippines have had similar cases, where one spouse or the other was married before and trying to get it annulled. They can still get a PR visa - the visa officers in the Manila embassy are aware that this type of situation is common there.

 

[batchi]

the problem in the birth certificate of our daughter is that our marriage is also in the birth certificate....will they question it coz we are in a common law relationship but if they ask as a proof is the birth certificate they will see that we are married....which means he is married twice.....will it be a problem on his working visa application....thank you so much...you're an angel to all our question...

 

[rjessome]

Wait a minute. The husband is just applying for a work permit and TRV to come to Canada to work, yes? All he needs to do is declare his common-law spouse and children on the application forms. That's it. No proof of the relationship is required since they are not accompanying him on this temporary permit.

The other information would only be required/relevant if, at a later date, he applies for PR where he must include his family.

 

[batchi]

Yes he is only applying for a work permit and a TRV. You mean he does not need to fill-up the statutory declaration of common and submit photos? but when he follow the guides in filling up the application there is note that if you are in a common law relationship you must fill-up the statutory declaration of common law and in that forms saying that we need to proofs that we are in a relationship...that's why we are so confuse. can you help me what we really must do...

 

[batchi]

here is the question from the application question # 10. From the list, choose your current marital status:
Annulled MarriageThis is a marriage that is legally declared invalid. An annulment can also be a declaration by the Catholic Church that the marital union did not have a binding force. Common-
LawThis means that you have lived continuously with your partner in a marital-type relationship for a minimum of one year. DivorcedThis means that you are officially separated and have legally ended your marriage.Legally SeparatedThis means that you are married, but no longer living with your spouse. MarriedThis means that you and your spouse have had a ceremony that legally binds you to each other. Your marriage must be legally recognized in the country where it was performed and in Canada.SingleThis means that you have never been married and are not in a common-law relationship. WidowedThis means that your spouse has died and that you have not re-married or entered into a common-law relationship.
Enter the date (year, month and day) you were married or you entered into your current common-law relationship.
Type the family name(s) and given name(s) of your current spouse or common-law partner.

Note: If you are in a common-law union, you must also complete the Statutory Declaration of Common-law Union (IMM 5409) form and include it with your application.

we are really confuse coz I'm not accompanying him in canada...why do we have to fill-up the statutory declaration and submit proofs.... thanks for your time answering all my questions.....

 

[rjessome]

Yes he is only applying for a work permit and a TRV. You mean he does not need to fill-up the statutory declaration of common and submit photos? but when he follow the guides in filling up the application there is note that if you are in a common law relationship you must fill-up the statutory declaration of common law and in that forms saying that we need to proofs that we are in a relationship...that's why we are so confuse. can you help me what we really must do...

He only needs to provide that if you ARE accompanying him and applying for a visa too.

 

[batchi]

Thank you so much rjessome.....you mean we do not have to fill-up those statutory declaration since i'm not accompanying him... but we read in the guidelines that if you are in a common law you should fill-up the statutory declaration or thus it mean only if i am accompanying him? thanks again.

 

[rjessome]

Thank you so much rjessome.....you mean we do not have to fill-up those statutory declaration since i'm not accompanying him... but we read in the guidelines that if you are in a common law you should fill-up the statutory declaration or thus it mean only if i am accompanying him? thanks again.

Do you plan on ever joining him in Canada? If yes, then it is a good idea to have one for a later application. Submitting one now will not hurt your application but it is not a requirement since you are not accompanying him.

 

[batchi]

Thank you so much... so you mean he should fill-up the statutory declaration and submit proofs so it would be easy for him if applying for permanency, right? coz he already declared me as his common law....

thanks you very much is now clear for us...thanks again...