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Proof of common law relationship

Remrov

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May 16, 2012
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Hello everybody,

I'm from the Netherlands and I'm going to immigrate to Montreal Canada and my boyfriend will sponsor me.
We have been living together in the Netherlands for more than 1.5 years.

Now I'm am searching for proof of us living together but I can't rwally find any. We don't really have envelopes with both our names on it, and we didn't have something like a joined bankaccount.

Can anybody tell me what else we can use as a proof.

We do have pictures of us together, and cards with both our names on it, but they don't have a date on it.

What did you use as a proof?
 

Sweden

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Mar 31, 2012
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Hey Remrov,

can you get your bf added to your bank account? mine was not until I started the application for Canada, and it was actually rather easy to add him, and then get a bank statement with both our name ( it doesn't say when it was added, so even better!) and it counts as a proof...
do you have anything like insurance on the house for example? very often it will state both names. Cards or letters that were sent to both of you, or anything that has his name and yours - newspaper, anything that proves that you are living together? you can also include 2 different letters, one with your name, and one with his - if it has the same address, it will count.

depending on your country, you might be able to get an extract of the official registry showing where you are registered, and him too... or a letter from your landlord? even if both names are not on the rent contract ( I'm assuming they are not, otherwise you can use that as well of course).

Letters from friends as well - or family. if both names are on the doorbell - take a picture? one thing on its own might not be enough, but multiple proofs will do the trick!

Good luck,
Sweden
 

Isometry

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Letters addressed to each of you individually at the same address can be used as proof of cohabitation, same with things like bills. So if he can show that he's been paying the water bill at your address for the past year, and you can show you've been paying the electric bill at the same address over the same time, that counts as proof of cohabitation.
 

CrazyLucy

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Photos of you two together, friends and family making letters concerning the two of you as well will also help. Try to get some kind of official document with the two of you on it as well like a bank statement, phone bills, cell phone plans? If you dont have it now, it's never too late to do that now. Good luck!
 

OhCanadiana

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I find CIC's discussion on characteristics and assessment of conjugal relationships in OP-2 really helpful (and inspirational) as a starting point for these discussions:

"In the M. v. H. decision, the Supreme Court adopts the list of factors that must be considered in
determining whether any two individuals are actually in a conjugal relationship from the decision of
the Ontario Court of Appeal in Moldowich v. Penttinen. They include:
• shared shelter (e.g., sleeping arrangements);
• sexual and personal behaviour (e.g., fidelity, commitment, feelings towards each other);
• services (e.g., conduct and habit with respect to the sharing of household chores)
• social activities (e.g., their attitude and conduct as a couple in the community and with their
families);
• economic support (e.g., financial arrangements, ownership of property);
• children (e.g., attitude and conduct concerning children)
• the societal perception of the two as a couple."

"Based on this, the following characteristics should be present to some degree in all conjugal
relationships, married and unmarried:
• mutual commitment to a shared life;
• exclusive – cannot be in more than one conjugal relationship at a time;
• intimate – commitment to sexual exclusivity;
• interdependent – physically, emotionally, financially, socially;
• permanent – long-term, genuine and continuing relationship;
• present themselves as a couple;
• regarded by others as a couple;
• caring for children (if there are children).
People who are dating or who are thinking about marrying or living together and establishing a
common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live
together to “try out” their relationship.
Persons in a conjugal relationship have made a significant commitment to one another."

and then outlines examples of evidence:

"Financial aspects of the relationship
• Joint loan agreements for real estate, cars, major household
appliances;
• Joint ownership of property, other durable goods;
• Operation of joint bank accounts, joint credit cards evidence that any
such accounts have existed for a reasonable period of time;
• The extent of any pooling of financial resources, especially in relation
to major financial commitments;
• Whether one party owes any legal obligation in respect of the other.

Social aspects of the relationship
• Evidence that the relationship has been declared to government
bodies and commercial or public institutions or authorities and
acceptance of such declarations by any such bodies;
• Joint membership in organisations or groups, joint participation in
sporting, cultural, social or other activities;
• Joint travel;
• Shared values with respect to how a household should be managed;
• Shared responsibility for children; shared values with respect to
child-rearing; willingness to care for the partner's children;
• Testimonials by parents, family members, relatives or friends and
other interested parties about the nature of the relationship and
whether the couple present themselves to others as partners.
Statements in the form of statutory declarations are preferred.

Physical and emotional aspects of the relationship -the degree of commitment as evidenced by:
• Knowledge of each other's personal circumstances, background and
family situation;
• Shared values and interests;
• Expressed intention that the relationship will be long term;
• The extent to which the parties have combined their affairs, for
example, are they beneficiaries of one another's insurance plans,
pensions, etc.?
• Joint decision-making with consequences for one partner affecting
the other;
• Support for each other when ill and on special occasions letters,
cards, gifts, time off work to care for other;
The terms of the parties' wills made out in each other's favour
provide some evidence of an intention that the relationship is long
term and permanent;
• Time spent together;
• Time spent with one another's families;
• Regular and continuous communication when apart.

Examples of supporting documents:
• Family memberships, medical plans, documentation from institutions that provides
recognition as a couple;
• Marriage certificate (not just a solemnization record), wedding invitations, commitment
ceremony (certificate, invitations), domestic partnership certificate;
• joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan,
property title, joint bank statements; money transfers.
• documents showing travel together, long distance phone bills; other proof of continuous
communication (emails, internet chat site printouts, letters).
• insurance policies (documents naming the partner as a beneficiary), wills, powers of
attorney;
• significant photographs;
• statements of support from families, bank manager, employers, financial professionals,
religious leaders, community leaders, professors, teachers or medical professionals."

You can see even more details at http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf in Sections 5.25 and 5.26
 
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Remrov

Hero Member
May 16, 2012
207
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Thank you all very much for your responses. I just remembered that we have indeed some insurance together for our furniture and things like that. And I'm going to add my boyfriend to my bankaccount also.

I'm going to look into it all again.

Thanks very much!!!
 

Zouk Princesse

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One of the biggest issues for CIC with common law relationships is determining whether this is indeed a spousal-type relationship, or two people just living together. While the co-habitation docs are certainly necessary, try to also include things showing how you make decisions as a couple and how your lives are truly merged in every aspect. It's also important to include anything showing that you are publicly acknowledged as a serious couple, particularly by close friends and family
 

missmymexi

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OhCanadiana said:
I find CIC's discussion on characteristics and assessment of conjugal relationships in OP-2 really helpful (and inspirational) as a starting point for these discussions:

"In the M. v. H. decision, the Supreme Court adopts the list of factors that must be considered in
determining whether any two individuals are actually in a conjugal relationship from the decision of
the Ontario Court of Appeal in Moldowich v. Penttinen. They include:
• shared shelter (e.g., sleeping arrangements);
• sexual and personal behaviour (e.g., fidelity, commitment, feelings towards each other);
• services (e.g., conduct and habit with respect to the sharing of household chores)
• social activities (e.g., their attitude and conduct as a couple in the community and with their
families);
• economic support (e.g., financial arrangements, ownership of property);
• children (e.g., attitude and conduct concerning children)
• the societal perception of the two as a couple."

"Based on this, the following characteristics should be present to some degree in all conjugal
relationships, married and unmarried:
• mutual commitment to a shared life;
• exclusive – cannot be in more than one conjugal relationship at a time;
• intimate – commitment to sexual exclusivity;
• interdependent – physically, emotionally, financially, socially;
• permanent – long-term, genuine and continuing relationship;
• present themselves as a couple;
• regarded by others as a couple;
• caring for children (if there are children).
People who are dating or who are thinking about marrying or living together and establishing a
common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live
together to “try out” their relationship.
Persons in a conjugal relationship have made a significant commitment to one another."

and then outlines examples of evidence:

"Financial aspects of the relationship
• Joint loan agreements for real estate, cars, major household
appliances;
• Joint ownership of property, other durable goods;
• Operation of joint bank accounts, joint credit cards evidence that any
such accounts have existed for a reasonable period of time;
• The extent of any pooling of financial resources, especially in relation
to major financial commitments;
• Whether one party owes any legal obligation in respect of the other.

Social aspects of the relationship
• Evidence that the relationship has been declared to government
bodies and commercial or public institutions or authorities and
acceptance of such declarations by any such bodies;
• Joint membership in organisations or groups, joint participation in
sporting, cultural, social or other activities;
• Joint travel;
• Shared values with respect to how a household should be managed;
• Shared responsibility for children; shared values with respect to
child-rearing; willingness to care for the partner's children;
• Testimonials by parents, family members, relatives or friends and
other interested parties about the nature of the relationship and
whether the couple present themselves to others as partners.
Statements in the form of statutory declarations are preferred.

Physical and emotional aspects of the relationship -the degree of commitment as evidenced by:
• Knowledge of each other's personal circumstances, background and
family situation;
• Shared values and interests;
• Expressed intention that the relationship will be long term;
• The extent to which the parties have combined their affairs, for
example, are they beneficiaries of one another's insurance plans,
pensions, etc.?
• Joint decision-making with consequences for one partner affecting
the other;
• Support for each other when ill and on special occasions letters,
cards, gifts, time off work to care for other;
The terms of the parties' wills made out in each other's favour
provide some evidence of an intention that the relationship is long
term and permanent;
• Time spent together;
• Time spent with one another's families;
• Regular and continuous communication when apart.

Examples of supporting documents:
• Family memberships, medical plans, documentation from institutions that provides
recognition as a couple;
• Marriage certificate (not just a solemnization record), wedding invitations, commitment
ceremony (certificate, invitations), domestic partnership certificate;
• joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan,
property title, joint bank statements; money transfers.
• documents showing travel together, long distance phone bills; other proof of continuous
communication (emails, internet chat site printouts, letters).
• insurance policies (documents naming the partner as a beneficiary), wills, powers of
attorney;
• significant photographs;
• statements of support from families, bank manager, employers, financial professionals,
religious leaders, community leaders, professors, teachers or medical professionals."

You can see even more details at http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf in Sections 5.25 and 5.26
This is great ! Wish I had seen this awhile ago, really spells everything out, I think anyone doing common law should read through this ! Thanx for posting !
 

fhj1203

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May 18, 2012
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include some letters or testimony from your friends,telling that they knew the relationship was really real,that you're living together as a couple..and pictures with friends and family..
 

OhCanadiana

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missmymexi said:
This is great ! Wish I had seen this awhile ago, really spells everything out, I think anyone doing common law should read through this ! Thanx for posting !
My pleasure :)