proof common law for EE

[xzha700]

Hey guys, first time posting here. My partner and I are considering to apply for FSW EE together as common law this September.I am wondering if our proof will be strong enough. We have:

• Joint bank account but we only open it last December.
• Credit card account with him as the primary card holder and I as additional card holder.
• His credit card statements and my credit card statements for the same credit card account sending to the same address since last September. But the statements are separate as im only an additional card holder, not a joint owner of the account.
• An investment property we purchased together last December showing both of us on title.
• Life insurance showing each other as beneficiary.
• Wedding venue booked contract April 2021.

The main problem we worried about is we are currently living together in my house which i purchased before meeting him. Therefore all utilities are under my name and there is no lease that we have co signed. Would it be an issue? Any feedback would be greatly appreciated.
Also we have actually been living together since last May but we were too lazy to change address on bank account...so I guess better to wait till September when we have actual proof to apply?

 

[thevisawhisperer]

The level of scrutiny for a common-law dependent in EE is nowhere near as comprehensive as it is for a family sponsorship. A statutory declaration of common law might be sufficient, but in any case all of the leases, photos, letters of support etc., are not requirements.

 

[xzha700]

The level of scrutiny for a common-law dependent in EE is nowhere near as comprehensive as it is for a family sponsorship. A statutory declaration of common law might be sufficient, but in any case all of the leases, photos, letters of support etc., are not requirements.

Thank you! You mean we dont even need the joint account and credit card statements?

 

[thevisawhisperer]

You'll get a document checklist that tells you what they require as proof.

 

[xzha700]

You'll get a document checklist that tells you what they require as proof.

I see, thanks.

 

[DC888]

We did a lot of research on this, and have since got PR. From memory (it was a while ago) and without looking it up (the info is CIC website), you need to essentially provide at 2 pieces of evidence that prove you have lived together continuously for at least 12 months and at least 2 pieces that prove you are like a married couple (not just friends or business partners). We didn't have a joint lease or mortgage. For the first bit we used a council tax bill with both our names on and our individual car insurance documents showing the same address (both from over a year before). We also submitted our drivers licenses with the same address. For the second bit we had a utility bill with both our names on, 2 x letters from relatives with photos. We also submitted our own photos (some of which corresponded to stamps on our passports) and screen shots of WhatsApp Web messages sent over a year before that had our photos on and discussed moving in together.

As part of our checklist we were also required to complete a Statutory Declaration of Common Law Union (form IMM5409) which we had to get signed by a public notary.

To me (and this is just based on what I remember reading, just an opinion, I am not an expert), from the list you provided, you do not have enough to prove that you have lived together for 12 months, unless these credit card statements clearly have both your names on, going to the same address (will also have to go back more than 12 months). Then you would have 1. The joint bank account will be good for proof of 12 months, but will have to wait until December. The investment property doesn't do anything unless you have some sort of payment / statement and is sent to your address, with both names on, again will have to have one older than 12 months. You could maybe do what we did and find individual bills / policies that went to the same address over a year before.

For the second category, having life insurance with each other on it, is good, you can use that. I don't think you will be able to use a wedding date for the future as anyone could say they are getting married to anyone.

I hope this helps and again, you may want to verify some of the things I have written - and things may have changed since we did this. There are generic checklists available on CIC's website.

All the best

 

[DC888]

I found the information we based our application on:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-relationship.html#evidenceOfRelationships

 

[xzha700]

We did a lot of research on this, and have since got PR. From memory (it was a while ago) and without looking it up (the info is CIC website), you need to essentially provide at 2 pieces of evidence that prove you have lived together continuously for at least 12 months and at least 2 pieces that prove you are like a married couple (not just friends or business partners). We didn't have a joint lease or mortgage. For the first bit we used a council tax bill with both our names on and our individual car insurance documents showing the same address (both from over a year before). We also submitted our drivers licenses with the same address. For the second bit we had a utility bill with both our names on, 2 x letters from relatives with photos. We also submitted our own photos (some of which corresponded to stamps on our passports) and screen shots of WhatsApp Web messages sent over a year before that had our photos on and discussed moving in together.

As part of our checklist we were also required to complete a Statutory Declaration of Common Law Union (form IMM5409) which we had to get signed by a public notary.

To me (and this is just based on what I remember reading, just an opinion, I am not an expert), from the list you provided, you do not have enough to prove that you have lived together for 12 months, unless these credit card statements clearly have both your names on, going to the same address (will also have to go back more than 12 months). Then you would have 1. The joint bank account will be good for proof of 12 months, but will have to wait until December. The investment property doesn't do anything unless you have some sort of payment / statement and is sent to your address, with both names on, again will have to have one older than 12 months. You could maybe do what we did and find individual bills / policies that went to the same address over a year before.

For the second category, having life insurance with each other on it, is good, you can use that. I don't think you will be able to use a wedding date for the future as anyone could say they are getting married to anyone.

I hope this helps and again, you may want to verify some of the things I have written - and things may have changed since we did this. There are generic checklists available on CIC's website.

All the best

wow thanks, all utilities are under my name unfortunately..we paid it out from the same credit card account which he owns..its so messy, may I ask do u apply under espress entry or family sponsorship?

 

[xzha700]

I found the information we based our application on:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-relationship.html#evidenceOfRelationships

The checlist here make it look so easy lol.. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html#s03

 

[DC888]

wow thanks, all utilities are under my name unfortunately..we paid it out from the same credit card account which he owns..its so messy, may I ask do u apply under espress entry or family sponsorship?

No worries, I remember how difficult it was to find info specific to our situation at the time, and the hours of research and sorting we did (it was worth it). We applied for express entry.

 

[xzha700]

No worries, I remember how difficult it was to find info specific to our situation at the time, and the hours of research and sorting we did (it was worth it). We applied for express entry.

I see, so u saw these documents required on your document checklist as well?