sponsoring common law-partner

[giancab]

Hi guys,

I'm about to submit my PR application (Skilled Workers Visa) but I've some doubts about the "your current marital status" section of the IMM008 generic form.

In particular, what do they mean when they say: “provide the date on which you were married or entered into the common-law relationship”?

By Canadian law, you are regarded to be in a common-law relationship if you have lived at least one year together with your partner. So to sponsor my fiancée I should have lived with her for at least one year at the time I submit my application. And so far so good.
But what date do I have to provide them with? The one when we started to live together or the one on which we have spent at least one year living together?
In other words if, for example, we started to live together on Dec 20, 2007 and we have been living together for one year, the requested date should be Dec 20, 2007 or Dec 20, 2008, exactly one year later?
In my opinion, it should be the latter. What do you think about it?

Another question: we’ve lived together for more than one year but the place where we live is the house of her mother. She gave us the house for free so we don’t pay any renting. We pay all the expenses (electricity, idro, etc), but we pay them directly to her: she gives us the bills and we give her the money. We have a common bank account, but we have had it for only 4 months.

My question is: how can we demonstrate our common law relationship? Would a declaration from her mother be a proving document?

Any help is welcomed,

G.

 

[john5655]

point one, the request is for the date of "entering into" so the earlier date is correct one

point two, you will have a lot of difficulty trying to prove your relationship, suggest you start building up this evidence now in case you have to delay your application

don't you have any other documentation showing the same address? mobile phone bills? previous bank accounts in separate names but same address? any other leters addressed to either of you showing your address?

 

[giancab]

Hi John,

unfortunately we don't have any other documentation showing the same address. At least not for one entire year. But we have tons of other evidences that demonstrate our relationship: flight tickets, email messages, etc... We have been together for 4 years, so imagine the amount of stuff we could provide them with. But I aware that these things don't prove we have lived together.
I know very well that we will have a lot of difficulties in demonstrating our common-law relationship and your advise is very up to the point.

But I still have some doubt about the above said date: if you are considered to be in a common-law relationship when you have lived at least for one year with your partner, the date of entering into the relationship should be when you have ripened such year. In other words, the earlier date is the one when you started living together but your common law relationship began after one year of living together.

Another question: what would it happen If I apply now and write as date of entering into the relationship, lets say, 3 months ago?
And, in your opinion, what if I initially apply only for myself and sponsor her after getting the PR? We can building up the necessary evidences now and even get married, so that they will be ready when I will sponsor her.

And, finally, if I apply and they refuse my partner as a common law one, would it influence my PR? In other words, will they give me the papers even if my partner will have them refused?

I really thank you for your advises: this situation is driving me crazy....

G.

 

[john5655]

G

you pose some interesting questions, let's see if I can help, but please remember I am not an expert

there is no legal definition that you must live together for one year before you are deemed to be in a common-law relationship ( a typical dictionary definition is : A marriage existing by mutual agreement between a man and a woman, or by the fact of their cohabitation, without a civil or religious ceremony).
After all people get married on a certain day, even if they only met for let's say one month, and they are certainly "married", it's just that CIC want to see evidence of the genuine nature of your relationship, and they may even query a marriage if there are indications of it being "staged" for immigration purposes. So, they have chosen to use the one-year yardstick. Canadian family law uses a three-year yardstick when determining if a common-law spouse is entitled to separation rights such as would apply for married couples who separate or divorce.

it's good that you have other evidence, the more the better, so I suggest, if you carry on with you plan to apply for PR together you give them as much evidence as you can, photos, letters, emails etc

of course, you have the option of going the alternate route of applying for yourself and then sponsoring your partner later on once you get PR. Only drawback is the time it takes, plus maybe a little uncertainty over passing medical and police checks

hope that helps

 

[girivenkat]

before marriage or after marriage

Hi,

I would like to apply for FSW visa. i don't know when is the right time to apply is it before marriage Or after marriage as I am planning to get married in April 2009..

would processing time vary according to the situation.

appreciate your reply

 

[giancab]

John,
I really appreciate your answer. Now, I have to decide how to go on. Actually, it's not an easy one. As you correctly say, sponsoring her after getting my PR would end up waiting more time to stay together and, even more important, a delay in her eligibility to work in Canada.

What I can't figure out is what might happen if I include my partner in my application and they refuse her as my common law one. Would that situation influence my PR? would they give me the PR anyway or I risk to have it refused? Will I be able to apply for her in a second time?

We want to play safe and If we will have to wait for more time, we will do it.


Girivenkat,
My answer to your first question is: it depends. As you can see from this discussion, it depends on may factors, which you have to consider carefully before applying.
About the second question, sponsoring your wife separately, after getting your PR, takes much more time: the one you have to wait for your own PR and the one for your wife's PR.
If you can include her in your application, simply do it.

 

[john5655]

G

if your dependent is found inadmissible, then you are too, sorry, even if your partner applies separately, the reasons for inadmissibility will likely remain

if you successfully apply on your own, you can immediately sponsor your partner assuming you are married or able to finally prove the one-year common-law relationship

at the time of applying your partner can go live in Canada with you on a visitor visa and could probably find a job and get a temp work permit issued until her own PR comes through, which they claim is quite quick to process

there's a separate scetion of this forum dealing with family sponsorship

 

[giancab]

Many thanks John,

your advises are very useful and really spot on!

Now I have the necessary info to decide how to go on with my application.

Thanks again, G.