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Proving Common Law Status

toussaint

Member
Jul 17, 2014
17
11
Hello,

My common law partner is going to sponsor me for PR, and we had a couple of questions regarding the documentation that is sufficient for PR. Essentially, we plan the following (I've bolded the ones we have questions about):

1. To prove living situation:
We have had a joint lease since April 2014, but I arrived in Canada in December of 2013 and moved into her apartment without being added to the lease (because we knew we would be moving soon to a bigger place as soon as she was finished with school). With that in mind, we intend to:
a. Provide a copy of our current joint lease
b. To prove I moved in in December, I intend to supply an explanatory letter, a copy of my initial work permit that shows the date I first entered Canada (we have lived together ever since), paystubs with my name and our address, my phone bill, my BC drivers licence, which has the old address. Will this satisfy a VO that I lived at the old address? Is there anything else that should be included?

2. We also have a number of joint accounts, including:
- The cable bill
- BC hydro bill
- A joint bank account.
- Not really an "account," but we jointly adopted a cat and both of our names are on file with the vet.
Both of our names have not been associated with all accounts for the all of the last year- do we need to show 12 months worth of statements with both names on them, or is the most recent one sufficient, to show that the account exists? I've read that joint insurance policies are also a plus, but I'm a student and she has a so-so job, and neither of us really has any insurance policies (other than provincial healthcare).

3. We will provide travel records, including 8 trips between us in 2013 prior to us living together, and several trips we have taken together since then.
a) One of these trips was me flying up for an emergency when she was hit by a truck. I arrived the next day and slept in the hospital as she recovered, and extended my stay to care for her until her mother could fly out to our part of Canada.

4. We will provide notarized letters from each of our parents, providing an account of our relationship from their perspective. We ask some friends to write letters as well. How many notarized letters is recommended?

5. We will also write letters detailing the history of our relationship together from our own perspectives.

6. Photographs! Lots of them. (How many do we need? We could provide hundreds, if needed, but that seems like overkill. Is ~50 or so appropriate?)

7. We are also engaged- should I send photos of us immediately after the proposal, a receipt for the ring, etc? Or is this information that we should share at all?

8. A statutory declaration of common law status

9. Facebook chat logs, text/phone records, etc.

10. Evidence of changed marital status with the CRA (we will not have filed taxes by the time our application goes in, however)

Will all of this suffice as evidence of a common law relationship? Is there anything else that we have overlooked that should be included?
 

tranjini

Star Member
Nov 20, 2014
170
2
Job Offer........
Pre-Assessed..
App. Filed.......
11-12-2014
Doc's Request.
None
Nomination.....
none
AOR Received.
27-02-2015
IELTS Request
none
File Transfer...
03-03-2015
Med's Request
Attached to application
Med's Done....
03-09-2015
Interview........
No
Passport Req..
June 4 2015
VISA ISSUED...
June 15 2015
LANDED..........
July 8, 2015
joint bank accounts. lots and lots of photos. and lots and lots of conversation history not just like phone bill but any social or internet conversation text message screen shot. I am married to my husband I took screen shots of text messasge and sent. common law is alot of work you have show them lots of prove. intimate pictures. different places different dates. just anything. JOINT BANK ACCOUNT IS A GOOD THING. PROPERTY OWNERSHIP THINGS LIKE THAT.
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
Category........
Visa Office......
MNL
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2012
AOR Received.
18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
The joint utility bills are of the most value IMO. Include as far back as you can go, not just the most recent one.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Chats, phone logs, texts etc are not very important when trying to prove common-law. If you are living with each other, then you can simply talk to each other every single day. Proof of communication is more important in long-distance relationships. Of course it doesn't hurt to include them if you really want to.

In lieu of not having an official lease for the first few months, could you get the landlord to write a declaration that you were living there?

Or do joint statements or mail delivered to address, date back to Dec 2013?
 

toussaint

Member
Jul 17, 2014
17
11
Mail does date back to when I first arrived, as do paystubs, drivers' license, phone bill, etc.

For our cable bill, we switched companies back in June, and we have statements with our names on both dating back that far. BC Hydro wouldn't exactly put both of our names on the account, but instead has made us both "authorized users," and we both get the monthly bill in our email. Our joint bank account is fairly new-- but noting that none of these in particular is required, does it matter that they all have different ages? And given that we have just hit the twelve-month benchmark, and thus became common law this month, is it OK that we are now accelerating the pace of combining our affairs? We have kept a number of things separate, but more for convenience than anything else (ie, I don't know if I'll have status for two full years, so signing up for a full phone contract was pointless, hence I went with a small, cheaper carrier that provided me the ability to text the USA at no charge).

I can also get a signed letter from my previous employed that confirms that I took time off while working in order to take her to doctors appointments and console her on the death of a family member.

We will go by to see if the landlord could possibly write up a brief letter that confirms that I moved in at that date-- and confirmation that we moved in together in December will be included in the notarized letters, and backed up by our common law declaration.

The proof of communication was mostly because we were a long-distance couple for about a year before I moved here- so it shows the development of the relationship.
 

princessofmylife

Full Member
Sep 2, 2014
47
0
Category........
Visa Office......
ROME
Job Offer........
Pre-Assessed..
App. Filed.......
30-09-2014
AOR Received.
18-11-2014 verbal
File Transfer...
27-11-2014 ( SA )
Med's Done....
31-07-2014
Interview........
No interview in process December 8,2014
Passport Req..
December 15 , 2014
VISA ISSUED...
December 19, 2014
LANDED..........
December 24, 2014
We applied as common law and were approved in less than 3 months. We met in February and started dating in July last year. Moved in together in September same year. Very short time together, I am older than him (3 years) different background, communicated in English, second marriage for both, he has two kids i have 3. All this would indicate red flags so we tried to get quality proof.
I added him to my lease, work benefits, car/apartment insurance policy, changed status with CRA, Statutory declaration of common law, two notarized letters from my friends, one from his brother, my two children and two co-workers wrote letters ( not notarized). We each wrote letters as well. We have CAA membership cards, two visa cards, phone bills, his driving license showing same address, booked trip to Cuba (future travel), included 5-6 text messages for each month from beginning to present, had commitment-engagement party in September ( a year from time we moved in) sent about 20 pictures showing my kids and friends attending. Other 20 pictures since the beginning of the relationship to present. I included picture of him cooking or driving our car just to show better our life. I explained that he isn't working but trying to contribute by cooking, driving my son to school and things in the house. No joint bank account and only most recent rogers bill was sent. We didn't have all the things from the very beginning. His visa is issued and should arrive tomorrow. We applied on Sept. 30 and his visa was finalized on Dec. 19th. No questions, no interview, You combine affairs and make changes over time.
I had same questions like you so I hope this helps you a little. Good luck!!
 

cometkim

Full Member
Sep 6, 2014
28
0
I am in a similar situation.
I arrived in Canada in Feb 2014 and have been living with my boyfriend. However, we have very few evidence that could prove that we've been living together since past Feb.

Evidence that I have:

1. Arrival date on my work permit indicates that I arrived in Canada in Feb.(no current address)
2. I made SIN a week later from my arrival, so I have a letter from Service Canada which has the address with feb date.
3. I have a phone bill from March 2014
4. My boyfriend owns the house, so we do not have a joint lease.
5. I started working from May, so I have paystub with the same address from May2014.
6. Joint account: We created the account in September 2014
7. Union gas bill: I added my name on his bill from October 2014

We have lots of emails, chat logs and pictures to prove our relationship, so I'm just worried that if the evidence that we got will be enough to prove that we have been living together since Feb 2014. There's a tenant who has been living in the basement of his house, so he could write a letter that he has been living with us since feb 2014. and lots of family and friends could write letters as well. would that be helpful?