Outland Common Law Sponsorship

[dimetime170]

I'm a Canadian citizen currently living abroad in Asia. I moved here around 5 years ago for work and met my girlfriend shortly after. We've been together since 2016 and living together since 2017. We want to apply for permanent residency under outland common law sponsorship. In terms of proving our relationship is genuine, I feel this is something we can easily do with lease agreements, utility bills, bank accounts, etc.

My only concern is around certain language I've seen come up that my common-law partner must "cohabit with that sponsor in Canada (Common-law partners must have cohabited for at least one year". I'm not worried about the 1-year requirement but rather that it must be in Canada.

Does anyone have any experience where the common-law relationship took place entirely outside of Canada (we have both visited Canada for vacation but we didn't live in Canada at any part in our relationship).

The unusual part is that I don't see this "cohabit in Canada" requirement everywhere on Immigration Canada's website. It seems to be in the below link only but it does mention that this is the policy, procedures and guidance used by IRCC staff.

Thanks!

https://www.canada.ca/en/immigratio...y-class-determining-spouse/spouse-canada.html

 

[dw33]

My situation very similar but been married five years. Im about seven months in to the process. I already got SA, BIL,Biometrics and fils transferred. I am in China. As far as the sponsor I just showed money. When I return to Canada I told them will possibly look for work and am a Canadian citizen. I think been married 5 years I should have no problem. My app now in HK. As far as common law I think they look for more proof. Goodluck.

 

[armoured]

I'm a Canadian citizen currently living abroad in Asia. I moved here around 5 years ago for work and met my girlfriend shortly after. We've been together since 2016 and living together since 2017. We want to apply for permanent residency under outland common law sponsorship. In terms of proving our relationship is genuine, I feel this is something we can easily do with lease agreements, utility bills, bank accounts, etc.

My only concern is around certain language I've seen come up that my common-law partner must "cohabit with that sponsor in Canada (Common-law partners must have cohabited for at least one year". I'm not worried about the 1-year requirement but rather that it must be in Canada.

Does anyone have any experience where the common-law relationship took place entirely outside of Canada (we have both visited Canada for vacation but we didn't live in Canada at any part in our relationship).

The unusual part is that I don't see this "cohabit in Canada" requirement everywhere on Immigration Canada's website. It seems to be in the below link only but it does mention that this is the policy, procedures and guidance used by IRCC staff.

Thanks!

https://www.canada.ca/en/immigratio...y-class-determining-spouse/spouse-canada.html

There's no requirement that the common law relationship establishment/recognition come only from living in Canada. The link you used is for the "spouse or common law in Canada class" (inland in the terminology) so I presume the references that seem to imply that flow out of that. You will be applying outland.

So if your documentary support of your time living together is sufficient, you should be fine. Given three+ years living together, the relationship should not be an issue.

That said (suggestion I repeat frequently that not everyone agrees with): the requirement for documentary proof needed to show a common law relationship is serious - it will be scrutinized. If you are planning to get married eventually, consider doing so before applying. It substantially reduces the burden of proof/documentary evidence required and a marriage where the partners have been living together for years is more evidently genuine than common law. It is your choice, of course, but the reality is (or at least seems to be) that legal marriage is seen as obvious, and the bar for documentation about living together lower because of the legal consequences.

(That said living together for three+ years is pretty obvious if the documentation is good, yours does not sound like a borderline case based on what you've shown here)

 

[dimetime170]

There's no requirement that the common law relationship establishment/recognition come only from living in Canada. The link you used is for the "spouse or common law in Canada class" (inland in the terminology) so I presume the references that seem to imply that flow out of that. You will be applying outland.

So if your documentary support of your time living together is sufficient, you should be fine. Given three+ years living together, the relationship should not be an issue.

That said (suggestion I repeat frequently that not everyone agrees with): the requirement for documentary proof needed to show a common law relationship is serious - it will be scrutinized. If you are planning to get married eventually, consider doing so before applying. It substantially reduces the burden of proof/documentary evidence required and a marriage where the partners have been living together for years is more evidently genuine than common law. It is your choice, of course, but the reality is (or at least seems to be) that legal marriage is seen as obvious, and the bar for documentation about living together lower because of the legal consequences.

(That said living together for three+ years is pretty obvious if the documentation is good, yours does not sound like a borderline case based on what you've shown here)

Thanks so much for your reply.