proof of common-law relationship questions

[luckygirll]

I'm in the process of preparing materials for sponsoring my girlfriend in Canada.I'm a PR and she holds a student visa. We knew each other in 2009 out of Canada, and we have been living together for more than 3 years since she came to study in Canada. We are collecting all materials related to prove our relationship recently. I have some questions:

1. jointly signed rental agreement - I signed the contract (through realtor agent)　several days before my gf came to Canada. When it expired after one year, it automatically renewed as month by month contract. So it's only my name on the contract and rental,utilities bills on my name as well.
Is better to re-sign the contract? Will the landlord have concern about it since she doesn't know my girlfriend? Or stay as it was, just provide different mails with my gf name on it showing the same address?
2. We have joint bank account, but it's only used for some money transfer between our accounts. We shared common expenses. Do we need print out all the statements, like how long, to proof the shared expenses?
3. Identity documents showing the same address. My associated IDs is under my friend's address because I went back to my home country for several months (before my gf came here) and use my friend's address to receive the import documents. Does that matter?
4. our cellphone bills are all under my name. Need to provide? with detail records to proof the daily communication?
5. we don't have insurance.
6. photos for outing, events and families will be provided.
7. Tax returns as common-law will be provided.

Is it enough to proof the relationship? Any other materials or documents should we provide ? Do we need provide the proof of our dating before the time we lived together?

 

[luckygirll]

Any heads up would be appreciated!

 

[Kenuar]

Well, when we applied as common law partners, we included like 35 photos from different years. Many of the photos had other people in them, like our friends and parents - this shows that your relationship wasn't a secret.

Then we just had the rental agreements and the IDs with the same address. We don't have joint bank accounts, we didn't provide phone records. I am pretty confident in our proof, and it sounds like you have more than us, so I think you're good.

 

[Rob_TO]

1. Yes re-sign the contract so both your names appear on it. Or have the landlord write a statutory (so certified/notarized) declaration that you were both living there. The least agreement is the #1 best proof for common-law.

2. Show a statement that shows both your names and shared address. Pick the earliest statement you have on record, and most recent.

3. If one of the IDs you need to submit does not match your actual address, just explain why.

4. If you live together, showing proof of communication is not important since you see each other everyday.

5. You can look at getting some term life insurance on each other, but it's not mandatory.

 

[luckygirll]

Well, when we applied as common law partners, we included like 35 photos from different years. Many of the photos had other people in them, like our friends and parents - this shows that your relationship wasn't a secret.

Then we just had the rental agreements and the IDs with the same address. We don't have joint bank accounts, we didn't provide phone records. I am pretty confident in our proof, and it sounds like you have more than us, so I think you're good.

Thanks for the quick response. Are you in the process of the application or already have the result? Is it from inland?

 

[luckygirll]

1. Yes re-sign the contract so both your names appear on it. Or have the landlord write a statutory (so certified/notarized) declaration that you were both living there. The least agreement is the #1 best proof for common-law.

2. Show a statement that shows both your names and shared address. Pick the earliest statement you have on record, and most recent.

3. If one of the IDs you need to submit does not match your actual address, just explain why.

4. If you live together, showing proof of communication is not important since you see each other everyday.

5. You can look at getting some term life insurance on each other, but it's not mandatory.

Thank you for your quick response. Regarding Q1, when re-signing the contract, should the date keep the same as the original one? ( for example: I signed on 10th, contract started on 15th, my gf arrived on 20th) She signed the contract before she came here? Would there be any concern for the VO?

Another question which bothers us mostly is which visa office should we choose ? If inland, it should be more security but it takes too long ( stage 1, 13 months). We can also take advantage from choosing the outland ( BJ China office), which is much faster. But it is said the criteria is more strict especially for common-law as it is not commonly recognized in China instead of marriage. Any good suggestion?

 

[Rob_TO]

Thank you for your quick response. Regarding Q1, when re-signing the contract, should the date keep the same as the original one? ( for example: I signed on 10th, contract started on 15th, my gf arrived on 20th) She signed the contract before she came here? Would there be any concern for the VO?

As long as the contract specifies the beginning date you each first moved in, up to today, then I wouldn't worry much about the actual date the signatures were applied. Just back-date the signatures to what makes sense.

Another question which bothers us mostly is which visa office should we choose ? If inland, it should be more security but it takes too long ( stage 1, 13 months). We can also take advantage from choosing the outland ( BJ China office), which is much faster. But it is said the criteria is more strict especially for common-law as it is not commonly recognized in China instead of marriage. Any good suggestion?

I would choose Beijing for quicker processing.

How common-law is seen in China is completely irrelevant. A Canadian citizen visa officer will be processing your PR application, not a Chinese citizen. They are going by the rules of Canada where common-law is a legally recognized status.

 

[twinklekz]

Just starting this process myself! This thread helped! ;D

 

[little_apple]

Important: from now on stop referring to her as your girlfriend. She is your common-law partner/spouse. Some VO's are pretty picky when it comes to this. I know it from my GCMS notes ;-)

 

[luckygirll]

As long as the contract specifies the beginning date you each first moved in, up to today, then I wouldn't worry much about the actual date the signatures were applied. Just back-date the signatures to what makes sense.

I would choose Beijing for quicker processing.

How common-law is seen in China is completely irrelevant. A Canadian citizen visa officer will be processing your PR application, not a Chinese citizen. They are going by the rules of Canada where common-law is a legally recognized status.

Thanks! The information really helps!

 

[luckygirll]

Just starting this process myself! This thread helped! ;D

 

[luckygirll]

Important: from now on stop referring to her as your girlfriend. She is your common-law partner/spouse. Some VO's are pretty picky when it comes to this. I know it from my GCMS notes ;-)

Thanks for the reminder!! It's really a useful info. I think I would made a mistake if I haven't had your heads up!
Actually we're writing the love story now, is it better to call the name directly or put the title my common-law partner everytime? I'm a little paranoid now..

 

[andrew-brit]

Just do what feels naturally as you type/write it out.

You could refer to your partner the first time as "My common law partner, Jane" and then subsequently just call them Jane. They will know who you are talking about!

Obviously replace Jane with their name!

 

[amat]

Hello,
I just wanted to ask a few questions regarding common law sponsorship in Ontario. My boyfriend is a Dutch citizen and I am a Canadian citizen. He currently has a Temporary Working Holiday Visa which gives him an open permit to work in Canada for a year. He arrived here in May 2017 and his visa expires in May 2018. When he arrived, we started living together as he moved into my parents house. After a few months, in October, we moved into a new apartment together. His bank account and his driver's license were originally under our old address until we moved in. We have a joint bank account and a joint cellphone bill/account. We've been dating for almost 3 years now (January 2018 is our 3rd anniversary). He wants to stay in Canada to work and common law sponsorship is our best option if we qualify for it. My questions are the following:
1. Could we be considered common-law by May 2018?
2. If so, before his visa expires in May 2018, can I start my common-law sponsorship 1-3 months prior to that (even though it would be less than a year living together) so that he can continue to work in Canada if he can be granted a temporary open work permit while waiting for the sponsorship to be processed?
3. What documentations would we need to prove that we've been living together or to prove our common law relationship?
If you could have answer to these questions, it would be highly appreciated. Thank you!

 

[canuck_in_uk]

Hello,
I just wanted to ask a few questions regarding common law sponsorship in Ontario. My boyfriend is a Dutch citizen and I am a Canadian citizen. He currently has a Temporary Working Holiday Visa which gives him an open permit to work in Canada for a year. He arrived here in May 2017 and his visa expires in May 2018. When he arrived, we started living together as he moved into my parents house. After a few months, in October, we moved into a new apartment together. His bank account and his driver's license were originally under our old address until we moved in. We have a joint bank account and a joint cellphone bill/account. We've been dating for almost 3 years now (January 2018 is our 3rd anniversary). He wants to stay in Canada to work and common law sponsorship is our best option if we qualify for it. My questions are the following:
1. Could we be considered common-law by May 2018?
2. If so, before his visa expires in May 2018, can I start my common-law sponsorship 1-3 months prior to that (even though it would be less than a year living together) so that he can continue to work in Canada if he can be granted a temporary open work permit while waiting for the sponsorship to be processed?
3. What documentations would we need to prove that we've been living together or to prove our common law relationship?
If you could have answer to these questions, it would be highly appreciated. Thank you!

Hi

1. If you have definitive proof from day one to show at least 365 days of cohabitation, then yes.

2. No, you can't apply early. Common-law is a legal status; it would be like applying as married a few months before actually getting married. If you apply with anything less than 365 days of continuous cohabitation, your app will be refused.

3. Anything that proves that you have been at the same address for at least a year. There are many threads on common-law proofs.

Unless your partner can qualify for another IEC permit or you guys get married and submit the sponsorship app by Jan so he can receive the OWP by May, he will have to stop working. There is no Implied Status as a worker for a person on an IEC permit.