Prove common-law with nothing but a landlord letter and a few bills

[marineking]

My common-law spouse and I live together for almost 10 years and we have a daughter. We, however, don't have joint stuff such as cellphone contracts, leases, correspondence directed to both of us at the same time, bank accounts or life insurance.

To try to prove our common law union, I'll send the following documents:

1. A notarized landlord letter, stating that we've been renting his property since such date, paying X amount of money monthly. With their contact info (they're a company)
2. Utility bills mailed to our address addressed to her name (one every 3 months or so, for the past year)
3. Utility bills mailed to our address addressed to MY name (one every 3 months or so, for the past year)
4. Statutory Declaration of Common Law (IMM5409)

Do you think this is enough? If not, is there any other way we can prove that we live together given our situation?

Thanks

 

[canuck_in_uk]

My common-law spouse and I live together for almost 10 years and we have a daughter. We, however, don't have joint stuff such as cellphone contracts, leases, correspondence directed to both of us at the same time, bank accounts or life insurance.

To try to prove our common law union, I'll send the following documents:

1. A notarized landlord letter, stating that we've been renting his property since such date, paying X amount of money monthly. With their contact info (they're a company)
2. Utility bills mailed to our address addressed to her name (one every 3 months or so, for the past year)
3. Utility bills mailed to our address addressed to MY name (one every 3 months or so, for the past year)
4. Statutory Declaration of Common Law (IMM5409)

Do you think this is enough? If not, is there any other way we can prove that we live together given our situation?

Thanks

Your proofs don't all need to be in both names. Mail/statements/bills/etc. in individual names is also proof, as it shows you both lived at the same address.

 

[marineking]

Your proofs don't all need to be in both names. Mail/statements/bills/etc. in individual names is also proof, as it shows you both lived at the same address.

Makes sense to me. Hopefully to IRCC as well

 

[mr.preetsingh]

My common-law spouse and I live together for almost 10 years and we have a daughter. We, however, don't have joint stuff such as cellphone contracts, leases, correspondence directed to both of us at the same time, bank accounts or life insurance.

To try to prove our common law union, I'll send the following documents:

1. A notarized landlord letter, stating that we've been renting his property since such date, paying X amount of money monthly. With their contact info (they're a company)
2. Utility bills mailed to our address addressed to her name (one every 3 months or so, for the past year)
3. Utility bills mailed to our address addressed to MY name (one every 3 months or so, for the past year)
4. Statutory Declaration of Common Law (IMM5409)

Do you think this is enough? If not, is there any other way we can prove that we live together given our situation?

Thanks

These are enough.

 

[marineking]

Thanks.

Follow up question:
We don't have proof of the first years we became living together. In the Statutory Declaration of Common-Law Union (IMM5409) form, we will state we became living together starting on the date we can prove, not the real date.

However, in the "Marital status" part of the online application form, I am inclined to use the correct date in the "Date of marriage or start of common-law relationship" field (a date EARLIER than the one in the IMM5409 form). The help text of this field says: "If you are in a common-law relationship, enter the date when you and your common-law partner began living together.". In the Address History part of the online form, both our addresses start matching exactly in the real date, the one before the date in the IMM5409 form.

Which date you think I should use in the "Marital status" part of the online application form? The one matching IMM5409 or the one matching the address history?

Hope it was clear.

 

[canuck_in_uk]

Thanks.

Follow up question:
We don't have proof of the first years we became living together. In the Statutory Declaration of Common-Law Union (IMM5409) form, we will state we became living together starting on the date we can prove, not the real date.

However, in the "Marital status" part of the online application form, I am inclined to use the correct date in the "Date of marriage or start of common-law relationship" field (a date EARLIER than the one in the IMM5409 form). The help text of this field says: "If you are in a common-law relationship, enter the date when you and your common-law partner began living together.". In the Address History part of the online form, both our addresses start matching exactly in the real date, the one before the date in the IMM5409 form.

Which date you think I should use in the "Marital status" part of the online application form? The one matching IMM5409 or the one matching the address history?

Hope it was clear.

You need to state the real date. Do not lie. Seriously cannot stress that enough.

You only need to prove one continuous year of cohabitation, not for the entire relationship.

 

[marineking]

You need to state the real date. Do not lie. Seriously cannot stress that enough.

You only need to prove one continuous year of cohabitation, not for the entire relationship.

Thanks, so what you are saying is that I should always state the real date (e.g. 2009) even though proof only starts a few years later (e.g. 2011)?

 

[canuck_in_uk]

Thanks, so what you are saying is that I should always state the real date (e.g. 2009) even though proof only starts a few years later (e.g. 2011)?

Always, on every form/document. Anything else is a lie and lying in your PR app is fraud. It doesn't matter that you don't have proof for those years.

 

[tapioca]

My common-law spouse and I live together for almost 10 years and we have a daughter. We, however, don't have joint stuff such as cellphone contracts, leases, correspondence directed to both of us at the same time, bank accounts or life insurance.

To try to prove our common law union, I'll send the following documents:

1. A notarized landlord letter, stating that we've been renting his property since such date, paying X amount of money monthly. With their contact info (they're a company)
2. Utility bills mailed to our address addressed to her name (one every 3 months or so, for the past year)
3. Utility bills mailed to our address addressed to MY name (one every 3 months or so, for the past year)
4. Statutory Declaration of Common Law (IMM5409)

Do you think this is enough? If not, is there any other way we can prove that we live together given our situation?

Thanks

Hi MarineKing!
Did you have your utility bills translated or did you attach the originals in Portuguese to your application?
(By the way, your case is a gem. Thanks so much for all the information you provided already.)

 

[marineking]

Did you have your utility bills translated or did you attach the originals in Portuguese to your application?

TL;DR: I've attached both the original AND translations.

Here's how I did: I basically attached two types of utility bills, one directed to me and another directed to my common-law partner. Of course, even though those were different bills, all of them were directed to the same (our) address, which is what we were trying to prove: that we share a household for at least a year. I didn't attach for every month, but for every 3 months or so, so about 4 bills for me and 4 for my partner. For each page I put my correspondence on the left, theirs on the right. And translations following all that. Cost a ton of money to translate but we didn't wanna take any risk.

In addition to that, I've also attached a reference letter from the landlord, and a public deed declaring common law which apparently has no weight but we attached anyway.

Before all that, a letter of explanation to give an overview of the document to the reviewer. Not only for the IMM5409, but every attachment had a letter of explanation in the first page.

Good luck.

 

[tapioca]

TL;DR: I've attached both the original AND translations.

Here's how I did: I basically attached two types of utility bills, one directed to me and another directed to my common-law partner. Of course, even though those were different bills, all of them were directed to the same (our) address, which is what we were trying to prove: that we share a household for at least a year. I didn't attach for every month, but for every 3 months or so, so about 4 bills for me and 4 for my partner. For each page I put my correspondence on the left, theirs on the right. And translations following all that. Cost a ton of money to translate but we didn't wanna take any risk.

In addition to that, I've also attached a reference letter from the landlord, and a public deed declaring common law which apparently has no weight but we attached anyway.

Before all that, a letter of explanation to give an overview of the document to the reviewer. Not only for the IMM5409, but every attachment had a letter of explanation in the first page.

Good luck.

TL;DR: I have life insurance, rent receipts, and the notarized form. Is this proof enough?

It sure must have been fairly expensive. My partner and I also have shared utility bills. I also have:

• Life insurance which lists my partner as sole beneficiary, dated more than one year ago;
• 14 rent receipts in English with both our names as tenants, totaling more than a year of cohabitation;
• The notarized IMM 5409 form by a Brazilian notary / cartório;
• Years of timestamped photos that don't appear to hold any value for this purpose.

Do you, and anyone who can pitch in, think this is proof enough? Or would adding 4-6 translated utility bills that state the same address as the rent receipts help?

 

[tapioca]

Before all that, a letter of explanation to give an overview of the document to the reviewer. Not only for the IMM5409, but every attachment had a letter of explanation in the first page.

Thanks for your detailed answer, MarineKing. A letter of explanation is definitely a nice touch.
What was the essence of it? Did you only write what were the documents and to what period of cohabitation they corresponded?

 

[canuck_in_uk]

TL;DR: I have life insurance, rent receipts, and the notarized form. Is this proof enough?

It sure must have been fairly expensive. My partner and I also have shared utility bills. I also have:

• Life insurance which lists my partner as sole beneficiary, dated more than one year ago;
• 14 rent receipts in English with both our names as tenants, totaling more than a year of cohabitation;
• The notarized IMM 5409 form by a Brazilian notary / cartório;
• Years of timestamped photos that don't appear to hold any value for this purpose.

Do you, and anyone who can pitch in, think this is proof enough? Or would adding 4-6 translated utility bills that state the same address as the rent receipts help?

If you meet the proof requirements of the checklist, then it should be enough. Also, you can translate stuff like utility bills yourself.

 

[tapioca]

If you meet the proof requirements of the checklist, then it should be enough. Also, you can translate stuff like utility bills yourself.

Of course, I can translate them myself. The question is, will IRCC accept such a translation as valid proof? They specifically ask for an affidavit of the translator here.

 

[canuck_in_uk]

Of course, I can translate them myself. The question is, will IRCC accept such a translation as valid proof? They specifically ask for an affidavit of the translator here.

As long as it isn't an official document or specifically required to be translated, yes, they accept stuff you translate yourself.