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Out of status- Common law sponsorship

Apr 15, 2020
16
3
Hi,

I am currently putting together my file for common law sponsorship and have a few questions.

Background

I have been living with my partner since February 2018 and have our lease agreement in both of our names however my partner changed the address last year (June 2019) and have his mails, proofs starting june 2019 and I have mine since the day we moved together.

My question is

• I was looking at IMM 1344e and there they ask for when we entered into common law? I was thinking to write as May 2020 as we have my partners proof starting June 2019 who is sponsoring me.

• Will having a lease starting February 2018 affect our application as we don’t have my partners proof from that date but only mine.

• For my document proof should I attach my documents starting February 2018 or should I just attach from July 2019 just like my partners.

I’m confused. We are trying to do the application by ourselves instead of hiring a representative. So I hope someone can help me with answering the questions..

Thankyou so much
 
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DirtyMelodies

Star Member
Feb 19, 2020
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I have been living with my partner since February 2018 and have our lease agreement in both of our names
If both your names are on the lease starting in February 2018, and you have resided together non-stop since, I would put February 2019 as the common-law date.

My question is

• I was looking at IMM 1344e and there they ask for when we entered into common law? I was thinking to write as May 2020 as we have my partners proof starting June 2019 who is sponsoring me.

• Will having a lease starting February 2018 affect our application as we don’t have my partners proof from that date but only mine.

• For my document proof should I attach my documents starting February 2018 or should I just attach from July 2019 just like my partners.
1. Common-law starts after exactly one year of continuous cohabitation. If both your names are on that lease, you can count it as the start date; any further proof is just a bonus to prove that you indeed reside at the same address.

2. The lease allows you to start your common-law ''countdown'' from that date. It doesn't matter if your partner started getting bills in their name a bit after that.

3. Absolutely include that lease, it's a fantastic proof of cohabitation. Then include more proof from later on.
 
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canuck_in_uk

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May 4, 2012
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06/12
Hi,

I am currently putting together my file for common law sponsorship and have a few questions.

Background

I have been living with my partner since February 2018 and have our lease agreement in both of our names however my partner changed the address last year (June 2019) and have his mails, proofs starting june 2019 and I have mine since the day we moved together.

My question is

• I was looking at IMM 1344e and there they ask for when we entered into common law? I was thinking to write as May 2020 as we have my partners proof starting June 2019 who is sponsoring me.

• Will having a lease starting February 2018 affect our application as we don’t have my partners proof from that date but only mine.

• For my document proof should I attach my documents starting February 2018 or should I just attach from July 2019 just like my partners.

I’m confused. We are trying to do the application by ourselves instead of hiring a representative. So I hope someone can help me with answering the questions..

Thankyou so much
Common-law is 365 days after the start of cohabitation. Regardless of when you apply, you need to put Feb 2019 as your common-law date. However, without any proof of him living there before June 2019, you would almost certainly be refused at this point. Just a lease won't be enough. I very strongly suggest you wait until June, not May, and apply AFTER you both have at least 365 days of other cohabitiation proofs.
 
Apr 15, 2020
16
3
Hi,

I am currently putting together my file for common law sponsorship and have a few questions.

Background

I have been living with my partner since February 2018 and have our lease agreement in both of our names however my partner changed the address last year (June 2019) and have his mails, proofs starting june 2019 and I have mine since the day we moved together.

My question is

• I was looking at IMM 1344e and there they ask for when we entered into common law? I was thinking to write as May 2020 as we have my partners proof starting June 2019 who is sponsoring me.

• Will having a lease starting February 2018 affect our application as we don’t have my partners proof from that date but only mine.

• For my document proof should I attach my documents starting February 2018 or should I just attach from July 2019 just like my partners.

I’m confused. We are trying to do the application by ourselves instead of hiring a representative. So I hope someone can help me with answering the questions..

Thankyou so much
Also, my parter went to his home country to see his parents in the month of November 2019 for the whole month as he lost his brother earlier that year and they live alone. Will that be an issue as we are applying through common law? I’m assuming we can write and explanation letter regarding that.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
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Visa Office......
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App. Filed.......
06/12
Also, my parter went to his home country to see his parents in the month of November 2019 for the whole month as he lost his brother earlier that year and they live alone. Will that be an issue as we are applying through common law? I’m assuming we can write and explanation letter regarding that.
If you are using that as a part of your one year to establish common-law and he left for a month, that is a problem. IRCC generally accepts separations of 2-3 weeks but a month is usually considered a break in common-law.
 
Apr 15, 2020
16
3
If you are using that as a part of your one year to establish common-law and he left for a month, that is a problem. IRCC generally accepts separations of 2-3 weeks but a month is usually considered a break in common-law.
So I think my best bet is to just wait till this year end and apply!

thanks for the reply
 
Apr 15, 2020
16
3
Common-law is 365 days after the start of cohabitation. Regardless of when you apply, you need to put Feb 2019 as your common-law date. However, without any proof of him living there before June 2019, you would almost certainly be refused at this point. Just a lease won't be enough. I very strongly suggest you wait until June, not May, and apply AFTER you both have at least 365 days of other cohabitiation proofs.
I just realized that I forgot to mention something in my original post. We started living together in February 2018 and he went back home in January 2019 for a whole month because of a family emergency. We were supposed to reach the common law status on February 2019 but because he went away I don’t think we did because of this. So the day 1 of common law thing starts February 1, 2019 right? And he went away for a month again in November 2019 for a whole month to see his parents so again day 1 of common law starts on December 1, 2019 when he got back. So I’m assuming I should be writing November 30, 2020 as the common law date right? Correct me if I’m wrong.
Thankyou again

sorry for the whole confusion.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I just realized that I forgot to mention something in my original post. We started living together in February 2018 and he went back home in January 2019 for a whole month because of a family emergency. We were supposed to reach the common law status on February 2019 but because he went away I don’t think we did because of this. So the day 1 of common law thing starts February 1, 2019 right? And he went away for a month again in November 2019 for a whole month to see his parents so again day 1 of common law starts on December 1, 2019 when he got back. So I’m assuming I should be writing November 30, 2020 as the common law date right? Correct me if I’m wrong.
Thankyou again

sorry for the whole confusion.
Yes.
 
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