Request for new common-law certificate

[little_bunny]

Hello

My spouse and I applied for PR under the CEC class back in August 2014 and CIC have just asked us for an updated Common-law marriage form to be completed, as our submitted one is from 2012. Is it normal for them to request an updated version? The problem is, my spouse had to move to Montreal last year for work as he couldn't find any employers in Vancouver willing to hire him without having PR (he works in a niche industry), so we are no-longer physically living together. What can we do in this situation?

Thanks
LB

 

[jes_ON]

It's possible that CIC learned of your change in living arrangements, and is therefore requesting this update. So far, they are just requesting an update to the form. Hard to say if this will lead to further inquiries, but it could.

There are 2 different issues here - maintaining common-law status, and the fact he's living/working in Quebec.

1) With common-law relationships, once you've established yourselves as common-law, you can live apart under some circumstances and still be considered common-law, as long as you can demonstrate (on request) that you intend to continue the relationship.

see this thread here
http://www.canadavisa.com/canada-immigration-discussion-board/about-living-separately-after-apply-as-commonlaw-t141914.0.html

2) EE programs are for people who intend to settle in Canada, EXCEPT Quebec. (Quebec has its own immigration programs). The fact that he's living and working in Quebec casts doubt on your (mutual) intentions.

So, you may consider adding a letter of explanation about (1) your intentions to continue your common-law relationship, and (2) how you will make that happen outside of Quebec.