Soon to be divorced - when to apply for common law PR

[chelley]

maybe if you can do a "weddingmoon"... combining a wedding and honeymoon in a tropical destination does provide a bit more of a "special" appearance in a ceremony... many all inclusive resorts have fantastic specials on around now and in January and many have very low cost or free weddings if you are staying at the resort...

we were married in a private (just the two of us) ceremony on the cliffs of Negril, Jamaica... our wedding pictures are lovely and the private nature was never an issue for us (obviously individual circumstances are considred)..

whatever you do remember, CIC does place a good deal of importance on wedding pictures and these are some pictures that are specifically requested of married individuals, so if you do a civil marriage, you will need to take these (and make them look "special" as mentioned), or explain why this cannot be provided...

good luck!

 

[costaudjoe]

Ok just to weigh my options so I can make the best decision that will lead to the fastest solution.

Currently, we have been together since June 23rd, 2011. As I mentioned previously, she was planning to return in January to visit her family. I might be able to convince her to stay longer. However, her sister is due mid to the end of May and she will definitely not miss that. So that means from our time together will have been June 23rd, 2011 to May-ish 2012. At that point, I could go there and live with her there for a month or so.

Would that then be considered 12 months in a row?
How does CIC measure or calculate the 12 months?
How do we prove it?

 

[Stumpedmom]

Ok just to weigh my options so I can make the best decision that will lead to the fastest solution.

Currently, we have been together since June 23rd, 2011. As I mentioned previously, she was planning to return in January to visit her family. I might be able to convince her to stay longer. However, her sister is due mid to the end of May and she will definitely not miss that. So that means from our time together will have been June 23rd, 2011 to May-ish 2012. At that point, I could go there and live with her there for a month or so.

Would that then be considered 12 months in a row?
How does CIC measure or calculate the 12 months?
How do we prove it?

yes it would be considered 12 months in a row...you can prove it by joint bank accounts with same address, rental agreement, utility bills in both names, credit cards with same address...stuff that would prove you have been living at the same address...if you can not get a rental agreement, then a letter from your landlord stating that they know you have been together, along with letters of support from family, friends and coworkers...

 

[costaudjoe]

Thanks very much, that's good to know.

We do have the required documents (ie rental agreement, bank statements, and testimonials)

How key is the one month in Seoul immediately following 11 months here. I am just imagining a situation where the time off work doesnt work out (say I get July instead of May...)

Would that be a deal breaker in the eyes of the CIC people?

 

[Stumpedmom]

it likely would be....I would try as hard as I could to make sure that you make the 12 month mark for sure....

 

[amn109]

my case is a different one... i was separated from my marriage since 2001 with a Memorandum of Agreement from a legal counsel for child support for my son but we're not yet divorced. way back 1997, i met a girl and she became my partner until now. we have a 9 y.o. son (under my name) with mild form of autism. we are not living together for the fact that i'm working abroad and she is with our son attending to his needs full time. i'm always going home every year for vacation for at least a month. during vacation, we are living together in one roof and the same address until such time that i'm going back for work again. my questions are:

1. can i include my partner for Canadian Immigrant Visa application?
2. having a son, will she be qualified to be a common-law wife?

Thanks

 

[chelley]

my case is a different one... i was separated from my marriage since 2001 with a Memorandum of Agreement from a legal counsel for child support for my son but we're not yet divorced. way back 1997, i met a girl and she became my partner until now. we have a 9 y.o. son (under my name) with mild form of autism. we are not living together for the fact that i'm working abroad and she is with our son attending to his needs full time. i'm always going home every year for vacation for at least a month. during vacation, we are living together in one roof and the same address until such time that i'm going back for work again. my questions are:

1. can i include my partner for Canadian Immigrant Visa application?
2. having a son, will she be qualified to be a common-law wife?

Thanks

No, common law is for people living together... Child or not if you are not cohabitating (and for a minimum of 12 consequtive months), you are not in a common law situation... You may have a case for conjugal, but its a fairly big hurdle to overcome if you have no barrier to marriage (being married is not a barrier unless divorce isn't an option)

Good luck

 

[scylla]

Thanks very much, that's good to know.

We do have the required documents (ie rental agreement, bank statements, and testimonials)

How key is the one month in Seoul immediately following 11 months here. I am just imagining a situation where the time off work doesnt work out (say I get July instead of May...)

Would that be a deal breaker in the eyes of the CIC people?

I agree with Stumpedmom. Don't apply until you have the full 12 months and can prove it. This is one of those things that CIC doesn't appear to give any wiggle room for.

 

[costaudjoe]

This is kind of a stupid question but once we have the lease agreement, bank account, testimonials and so on, how does CIC derive 12 months out of that?

 

[costaudjoe]

The reason I ask is not to pull a fast one but rather to make sure the 11 months in Canada and 1 month in Korea looks legit and doesn't look dodgy at all. So it's not clear to me how a lease agreement, bank statements, etc. will prove our 12 months in this case...

Any ideas?

 

[CharlieD10]

They will examine the documents to see that there is a clear 12-months span in the information. It's YOUR responsibility to make sure it is clear to CIC that you qualify under the relationship you are applying as. Don't expect them to dig into things if you fail to present it clearly, because even when you do present it clearly, they can still make mistakes (someone who applied in Feb 2011 had his application returned because the reviewing officer failed to see the 12-months period clearly outlined in their passport stamps and other documents).

If there is someone who can clearly establish the start of the relationship, such as your landlord, or your lease agreement if she is listed on it, make sure you highlight this clearly.

 

[costaudjoe]

Great forum with very knowledgeable people who respond quickly!

If you were in my shoes, how would you present it? I have a lease agreement with both of our names running from June 1st, 2011 until May 31st, 2012. Her passport says entry to Canada June 23rd... (and most likely departing the end of May 2012). Of course, I could submit our file in June 2012 by presenting the lease, the bank statements and so on. So on paper it looks like 12 months. I am a little confused how to best present it. Sorry and thanks for any suggestions you may have.

Another question, as we have been seeing each other since the end of 2007, should we include pictures and emails from then until now to demonstrate the genuineness of our relationship?

 

[costaudjoe]

Ok, I think I can sort out the lease stuff...

Any idea how far back I could go with the pics, we have them from 2007...

 

[Stumpedmom]

Ok, I think I can sort out the lease stuff...

Any idea how far back I could go with the pics, we have them from 2007...

Submit pictures, plane tickets, and any proof to show that you have been together since then, that will also help to prove a genuine relationship....if you copy her passport page with the stamp when she entered, it will help too...

 

[costaudjoe]

Ticket stubs? Egads, I am the opposite of a pack rat. How about e-tickets with passport stamps?