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sending my application the 1st of November

abde

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hey folks i have finally completed my application and i am about to send it out, but i have some questions if anyone could help me with.

1- i have been in common law with my girlfriend who is canadian and i am student but in different town( she is in nanaimo and i go to school in vancouver) but we see each other every weekend and off school being doing that for almost 3 years but we have joint bank acct and credit card, joint cell phone and did the tax together etc,,,. |do you guys think that enough to be eligible?

2-and i didnt fill the Additional family form but i read that if i dont i could not sponsor any of my family member would like to known more about that.

i just wanna send it cuz i cant even sleep thinking i may forgot something pls help folks
cheers :D
 

scylla

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abde said:
1- i have been in common law with my girlfriend who is canadian and i am student but in different town( she is in nanaimo and i go to school in vancouver) but we see each other every weekend and off school being doing that for almost 3 years but we have joint bank acct and credit card, joint cell phone and did the tax together etc,,,. |do you guys think that enough to be eligible?
I'm really sorry - I really don't think this qualifies you for common law.

To qualify for common law - you must have lived together at the same address for at least one year. You have separate residences and spend weekends and holidays together. This isn't the same thing. From CIC's perspective, I don't think your relationship is common law.

Hopefully others will chime in and offer their opinions as well.
 

abde

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thanks for your reply but we have the same residence and we pay the rent together but due to schooling i live with my brothers when i am going to school but all my mails goes to nanaimo no in vancouver. we declae common law at revenue canada two years ago.
 

PMM

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Hi


abde said:
thanks for your reply but we have the same residence and we pay the rent together but due to schooling i live with my brothers when i am going to school but all my mails goes to nanaimo no in vancouver. we declae common law at revenue canada two years ago.
I'm sorry, but I have to agree with scylla , CIC will probably just consider you as dating. I could be wrong, as I have been in the past.
 

abde

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So what should I do then! Cuz we talk with an immigration officer n they said if I have proof that I live there n show that we have combined stuffs it should be fine! Like I think it's normal if I have to study while in common law n not living there everyday!
 

Sweden

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I think you are in a grey area and you can decide for yourself if you want to take the risk and you might get refused. It's true that you can show that you have combined your affairs, but it might not be enough. CIC might think that you are not actually living together. If you were in Vancouver for 2 months let's say, but have lived before that as common law partners with your girlfriend, and will return to live together after that, you could argue that your common-law status is not discontinued... but if you have been commuting between Nanaimo and Vancouver for 3 years, CIC might not count that as common-law.

Again - nobody here for sure would be able to tell you what CIC will decide.

What to do - you could get married to your girlfriend and apply just after that. With being married you don't have to live together, and with the proofs that you have combined your affairs together, you will have proofs that you are a genuine couple. Might be a better option if it is something you are willing to consider.

Good luck,
Sweden
 

abde

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Thank you Sweden I really dunno what to do now! I pretty much go to school 2days a week n the rest of the week and weekend I spend that in nanaimo!
My residence is nanaimo basically cuz my mails and everything goes there but just stay at my brothers place those 2 days! About the marriage I need to finish my schooling first and it's a big thing for me cuz I need to invite all my family and friends grrs I am lost
 

Sweden

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if you only spend 2 days and 1 night, you might be able to argue that you are common law. But it's a grey area, and you won't know the answer before applying. It also depends on how much other proofs you have. Not only bank accounts and credit cards, but everything else - is your family and her family aware of your relationship, can you get letters from them that they know you as a couple and approve of your relationship, from friends as well....

You need to convince CIC that you are actually common law... I think there was a similar case where a person was working week ends away (with night shifts) and could prove that her "main life" was with her partner.... but can't remember enough details to be able to find the case on the website, sorry....

Good luck,
Sweden
 

tavora

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As Sweden said, you need to convince CIC that you are a couple - that your family, her family and others know of your relationship. CIC has been known to say they believe the couple filing are just roommates, not actually common law, so make sure you have solid evidence before you send in your application.
 

abde

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I do have letters from her mom and friends and from my brother! Both families know about that we are in common law! I attended all her family events n have pictures. I am thinking if we should right a letter explaining how many days I go to school is that will be k?
 

Sweden

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abde said:
I do have letters from her mom and friends and from my brother! Both families know about that we are in common law! I attended all her family events n have pictures. I am thinking if we should right a letter explaining how many days I go to school is that will be k?
you for sure need to explain very carefully and in details your situation, and my advise would be to provide more proofs than "necessary" - pictures from family events etc are great, as well as letters from both families. If possible, try to get another one from your parents, so CIC can see that everybody is aware and approve of your relationship. Probably not easy to get if they don't live in Canada, but it might be worth it in the end, because it will make your case stronger.

Good luck,
Sweden
 

abde

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AOR Received.
and approval 28-11-2012
Interview........
hope not
Thanks a lot Sweden I will take you guys advice!