Same Sex Common Law Sponsorship

[acfajardo]

Hi guys. I've been browsing through this forum and I'd just like to get some insights on same sex common law sponsorship.

My fiancee and I started dating back in November 2012. She's Filipino but a naturalized Canadian citizen already and I am from the Philippines. On January 2013 she went here to the Philippines and proposed to me before going home after 4 weeks. Since then we have maintained our relationship through Skype, Blackberry Messenger, Facebook, Viber and other social media websites. I've met her mom, sister and other relatives and she's met my whole family.

Last May 2014, we applied for a TRV for me to visit her their since she wants me to see her life in Canada first before we decide on where to settle down to end the long distance relationship. Unfortunately though, my TRV application was denied citing that I did not have strong family ties here in the Philippines.

Last February 2015, my fiancee went home again and we decided that we'd pursue common law sponsorship instead so that we can stay together while the whole sponsorship is being processed. Just would like to ask what we need to do to strengthen our case and make the process faster?

She's moving here on September and we're planning to rent an apartment. I just wonder though, since apartments here in the Philippines only have submeters named after the owners, what can we do to prove that we're the ones paying these utilities? Would an affidavit from the landlords suffice?

Also, it's stated in sponsorship guide that co owned properties can prove that our finances are really joint, but unfortunately purchasing a car might be a hefty expense for us, any ideas on what else we can do to prove that we're indeed common law? We've already opened a joint account and she has been sending me money for a few months now. We're also thinking of getting bank accounts that have life insurances so we can name each other our beneficiaries.

Hope to get a response from you guys, especially those who have gone through same sex common law sponsorship. Thank you!

 

[Rob_TO]

Note that you must first qualify for common-law. You don't become common-law until you've cohabited for 12 continuous months. Only then can you submit a PR application.

For proofs you've already listed some main ones like joint bank/credit card accounts, life insurance, or anything with a named beneficiary. In lieu of a formal lease agreement, a statutory declaration from the landlord may also be ok. Also gather mail to each of you, showing common address.

 

[BeShoo]

She will have to live with you for at least 12 months, as Rob_TO says. In addition to his suggestions, you might consider making wills naming each other as beneficiaries. You will have to check the laws that apply to wills in the Philippines. Here in Quebec, hand written wills with no attorney or witness are legal, so that's what we did because we were very short of funds.

If you have been travelling together at any point, travel receipts and photographs from various places would strengthen your case.

Also, read the three messages I posted starting at http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357741#msg357741. That may give you lots of ideas for evidence you could gather that prove that you are really in a conjugal (= marriage-like) relationship.

 

[acfajardo]

Thank you for your replies. Yes, she's going to stay here for more than a year so we can qualify for common law. We've also traveled a lot and thankfully I've kept all our boarding passes and we have thousands of photos together since we started dating.

I also would like to ask, would it affect our application if she stays here with me while it's being processed? I've been reading the sponsorship guide but the information there seems to be just for those whose sponsor is in Canada. Being in a long distance relationship is really tough and we'd like to stay together once she comes here. Is that okay or would it make the process faster if she's in Canada already?

 

[Mapleson]

To qualify as a sponsor, she must show she lives in Canada or intention to return. However, the burden of proof for the second is higher.

 

[surleplateau]

From the Philippines guide (Guide 3905e):

If you are a common-law or conjugal partner, provide evidence that your relationship is genuine and continuing and has existed for at least 12 months prior to your application, such as proof of cohabitation and proof of conjugal relationship. Proof of conjugal relationship may include but are not limited to the following:
• joint ownership of property(ies)
• joint finances (joint bank account(s), joint investments, etc.)
• life insurance naming each other as beneficiaries
• details of the history of your relationship
• a minimum of two statutory declarations from individuals with personal knowledge of your relationship supporting your claim that the relationship is genuine and continuing

Photos submitted must be loose.

Please do not submit photos that are in binders, albums, frames or other such containers. Also do not send video discs or video cassettes,
musical greeting cards or other similar documents containing electronic or mechanical devices.

Note:
The sponsor and the applicant who are common law or conjugal partners must provide historical evidence of their ongoing relationship. If they are in a relationship of two years or less and have no children together, the applicant will receive conditional permanent resident status, if the application is approved

Plus the information on: How can my common-law partner and I prove we have been together for 12 months? "You do not need to include all these items to prove your relationship is real. Citizenship and Immigration Canada may consider other proof as well"

Some of those are optional, if your country does not allow 2 names on a bill or lease, there's nothing you can do about that but explain it in a letter to CIC when you submit your proof. Just have enough proof from the other examples so that CIC can see that you guys are genuine.

So, to show common-law, you must show that you have documentary evidence for each of the 12 months you lived togethers, and they have to be 12-continuous months. Change all your important documents to show the same address, for example.

 

[Mirush1417]

Hi everyone..is it possible that i include in my pr app my common law partner?we are same sex..im here in canada and planning to apply for pr.do i need to include her in my app..is there a posibility for us to become pr?