Some application questions

[emcanada]

Hello everyone, this is my first post here. There's a lot of information here.

I'm from Argentina and my girlfriend is Canadian. We met in Argentina more than 2 years ago and we've been living together for almost 2 years already.
We came here last september.

After trying to decide whether apply fron inside canada or from the Buenos Aires office, we decided to go with BA.
I'm here with an Israeli passport and I don't need visa to enter, so we hope it wont be as hard to leave if needed and come back.

My questions are:

- Can I request an extension to my visit if we apply from outside? any experiences?
- Is it faster/easier/better to get married and applied as married instead of common-law?
- Any experiences on applying outside canada and trying to come to canada as a visitor after sending the application?
- In the application, where it says mailing address. Should I put my Buenos Aires address or the one we have here?

Thanks for your help!
EM

 

[canadianwoman]

- Can I request an extension to my visit if we apply from outside? any experiences?

Yes, you can apply for an extension.

- Is it faster/easier/better to get married and applied as married instead of common-law?

If you have a lot of proof that you are common law, getting married is not necessary. You need proof that your relationship is genuine, and also that you have lived together for at least one year. If you have both names on a lease, both names on the utility bills, a joint bank account, joint credit cards, etc., then filing as common law should be fine. If you don't have this financial evidence of your common-law union, then getting married and applying that way would be easier.

- In the application, where it says mailing address. Should I put my Buenos Aires address or the one we have here?

If you are living in Canada, it is better to use the Canadian address as your mailing address, because you will want to get any letters from CIC as quickly as possible.

 

[emcanada]

Thanks for the info.
Even though we lived together, we don't have many evidence if it.
We can get letters from the superintendent and other people, but that's basically it.
We do have a lot of photos and emails and boarding passes of different trips we did together.

Anyone knows if this is enough or should we go ahead and get married?

thanks!

 

[Corrine]

You could file as common law but, if you have insufficient proof of your relationship. You risk your application being refused, why risk it ? Gather all supporting documents from this moment onwards and submit at a later date with substantial evidence to prove your relationship. Reminder a marriage certificate is not enough to prove you are in a relationship. Good luck! Better to get it right the first time.

 

[canadianwoman]

Even though we lived together, we don't have many evidence if it.
We can get letters from the superintendent and other people, but that's basically it.

You need proof you lived together for one year. If you don't have a lease with both of your names on it for at least one year, then an affidavit from your landlord or superintendent will be OK. This is important proof, so an affidavit is better than just a letter. Affidavits or letters from other people who know you have been living together for a year will also help.
Do you have mail addressed to both of you (separately or together) at the same address? This means you would have had to save the envelopes from a year ago, of course, to prove it, but if you did it is good evidence.

We do have a lot of photos and emails and boarding passes of different trips we did together.

This is good proof that your relationship is genuine, but it is not enough to prove you are common law.

 

[emcanada]

Thanks for your help.
We finally found some documents with my girlfriend's name dating more than 1 year ago which have my address in Buenos Aires.
These are official receipts from a bank, so we think they should be enough.

Now, I have a question regarding form IMM5409E.
It seems that if we don't have a shared lease, shared bank account, etc. we don't qualify.
Anybody knows if receipts showing same address are enough?

Thanks

 

[canadianwoman]

Thanks for your help.
We finally found some documents with my girlfriend's name dating more than 1 year ago which have my address in Buenos Aires.
These are official receipts from a bank, so we think they should be enough.

Now, I have a question regarding form IMM5409E.
It seems that if we don't have a shared lease, shared bank account, etc. we don't qualify.
Anybody knows if receipts showing same address are enough?

The Guide about how to fill in the forms says this: "the Statutory Declaration of Common-law Union (IMM 5409), to be completed only if you have a co-signer and he or she is your common-law partner". So you don't have to fill out this form.

 

[rjessome]

The Guide about how to fill in the forms says this: "the Statutory Declaration of Common-law Union (IMM 5409), to be completed only if you have a co-signer and he or she is your common-law partner". So you don't have to fill out this form.

Do it anyway! The visa posts have been requesting them even though they are not on the checklist. I know, I know, if they want it they should put it on the checklist. But anyway save yourself the trouble and send it with the application.

 

[missmini]

i seeee....me too i thought that paper is only if u have a co-signer and u r in common-law with the co-signer; since i don't have any co-signer and i sponsor my common-law partner i thought we don't have to submit it;

so rjessome, do u say it's better to submit it even if they clearly say its purpose is for another case?

i did read it once and many stuff u need to check as common-law proof we don't have; neither of us has a will or life insurance or loan or property; we r both still young, we didn't think of those stuff yet; we do have bank accounts in common and the lease of the apt on both our names; if most of those stuff we don't have, do u still think is good to submit that paper even if they don't ask? :-\

but i guess they could ask for it later and make the process slower right? :-\

thanks for ur input

 

[rjessome]

i seeee....me too i thought that paper is only if u have a co-signer and u r in common-law with the co-signer; since i don't have any co-signer and i sponsor my common-law partner i thought we don't have to submit it;

so rjessome, do u say it's better to submit it even if they clearly say its purpose is for another case?

i did read it once and many stuff u need to check as common-law proof we don't have; neither of us has a will or life insurance or loan or property; we r both still young, we didn't think of those stuff yet; we do have bank accounts in common and the lease of the apt on both our names; if most of those stuff we don't have, do u still think is good to submit that paper even if they don't ask? :-\

but i guess they could ask for it later and make the process slower right? :-\

thanks for ur input

I think it's better to give them more than what they ask for. And I know that they've been asking for it even though it's not on the checklist. Look at it this way, you say you don't have some of the stuff used to help prove a common-law relationship. Well a Statutory Declaration is a legal document. Consider it additional "proof". And yes, they can ask for it later which won't really slow you down much depending on how long it takes you to get it but why not do it now, before you submit the application. If you are applying through Buffalo, they WILL ask for it.

 

[missmini]

I think it's better to give them more than what they ask for. And I know that they've been asking for it even though it's not on the checklist. Look at it this way, you say you don't have some of the stuff used to help prove a common-law relationship. Well a Statutory Declaration is a legal document. Consider it additional "proof". And yes, they can ask for it later which won't really slow you down much depending on how long it takes you to get it but why not do it now, before you submit the application. If you are applying through Buffalo, they WILL ask for it.

no it's not Buffalo but yeah it's good as additional proof as u say plus it;s a Legal Document which could be so important; thank u so much for ur advice and insight...

 

[emcanada]

I have another question and I know it was answered in other posts, but there are different opinions.
We've been in a common-law relationship for more than a year now.
I've been here in Canada for four months already. The form 5490 asks if me and my sponsor live together.
We do live together, but I'm a tourist.. that counts as "living" or since I'm a visitor I'm not legally "living" here. I'm confused.

thanks again.

 

[missmini]

i think u have to put that u live with ur sponsor especially cuz u apply as common-law so a few months extra will always count u r living but u r not residing; i have almost 3 years in my current country of residence but for almost 1 year i was in and out the country with tourist visas; i still consider i was living here as non-resident...

i don't know if i'm right or wrong, it's just my common sense

 

[rjessome]

I have another question and I know it was answered in other posts, but there are different opinions.
We've been in a common-law relationship for more than a year now.
I've been here in Canada for four months already. The form 5490 asks if me and my sponsor live together.
We do live together, but I'm a tourist.. that counts as "living" or since I'm a visitor I'm not legally "living" here. I'm confused.

thanks again.

You answer "yes" to that question.