What sort of evidence is needed to prove a common-law relationship?

[mathilde]

Hi, all. First-time poster here!

I have been dating a Canadian (male) and I am American (female). I have one more semester of university (graduate in December), and I'm thinking about applying for the BUNAC USA Work Canada Visa in January or February 2013 so that we can live together for 12 months and have common-law status after the 12 months are up. We'd hopefully start the Sponsorship application and Family Class PR application after that, assuming things are still going swimmingly. It's been 8 months long-distance, so I'm all about having a plan!

- What sort of evidence did you have to use in support of your common-law relationship in your PR application?
(I will definitely get letters (2 notarised) from family and friends), but what else have you sent in? I have pictures of our visits, but I don't have my plane ticket stubs. Would the e-ticket sent from the plane ticket purchase be sufficient? I keep all of those in my e-mail. I'm also considering printing all Skype conversations (time stamped with length of calls, etc) in the future. I just want to be prepared for the storm to come, as it's going to be a long process. Would rather have a good handle on things.

Nothing is final re: BUNAC, but it is on the back-burner as something I have been thinking a lot about lately.

Thank you so much for your help!

 

[perkele]

Hi, all. First-time poster here!

I have been dating a Canadian (male) and I am American (female). I have one more semester of university (graduate in December), and I'm thinking about applying for the BUNAC USA Work Canada Visa in January or February 2013 so that we can live together for 12 months and have common-law status after the 12 months are up. We'd hopefully start the Sponsorship application and Family Class PR application after that, assuming things are still going swimmingly. It's been 8 months long-distance, so I'm all about having a plan!

- What sort of evidence did you have to use in support of your common-law relationship in your PR application?
(I will definitely get letters (2 notarised) from family and friends), but what else have you sent in? I have pictures of our visits, but I don't have my plane ticket stubs. Would the e-ticket sent from the plane ticket purchase be sufficient? I keep all of those in my e-mail. I'm also considering printing all Skype conversations (time stamped with length of calls, etc) in the future. I just want to be prepared for the storm to come, as it's going to be a long process. Would rather have a good handle on things.

Nothing is final re: BUNAC, but it is on the back-burner as something I have been thinking a lot about lately.

Thank you so much for your help!

Hi Mathilde,

It's good that you have a plan so that you get a good head start. Most people don't get the chance to prepare ahead of time and then have a difficult time getting all sorts of proof put together. (I'm sure that most people on this forum didn't go into their relationships knowing that at a later point they would have to prove it to a third party, so in that sense, you're definitely lucky )

Asides from the letter and pictures, you should provide anything that helps prove the genuineness of the relationship such as a joint bank account, lease/mortgage, bills, etc. As for your e-ticket, it's definitely sufficient (I'm sure most people don't keep their boarding pass anyway) since the electronic version should show your contact information anyway.

Good luck!

 

[LeisaP]

HI! welcome!

we are common-law too!. and i can tell you what we sent in for ours
we had an immigration consultant help us put everything together.

we sent about:
-200 pictures of events in a timeline journal from when we met till when we sent in the app.
-6 or 7 letters from friends, family and employers stating they knew of our relationship and what they thought of it. im not sure if its necessary them be notarized. ours werent.
- a notarized common-law declaration. we got this at a notary office.
- our rental lease with both our names on it.(VERY GOOD EVIDENCE)
-bills with both names on it, hydro, cable, internet
- joint bank account(also very good!)
- joint costco card
-a car under both of our names
- proof we purchased a dog together
- my spouse has life insurance with me as his beneficiary
- letters from employers. we happen to work for the same person.
- receipts from gifts we have given eachother
- facebook logs
-facebook logs of our parents talking to eachother (they are facebook nerds, never met in real life, but they talk online )
- plane tickets of trips we took together
-my brother passed away and my spouse flew with me to attend the funeral so we posted items from the funeral, proof that he came with me
- pictures of him with my family.
- events tickets, movies, sports events, etc.

Im pretty sure thats all. but if i think of more i will let you know!

joint stuff really helps.

I hope this helps! if you have any more questions feel free to ask!. ;D

 

[mathilde]

Thank you so much, both of you.

Leisa, your list is fantastic! We do have loads of pictures from our visits, though I am afraid I've already chucked my ticket for a Habbs game and another event. (They were 4 months apart.) I could see if my boyfriend has the e-receipts. We have also stayed in one hotel in Montreal and will stay in another in Toronto at the end of July while visiting his brother. Would that be sufficient? (My boyfriend will be using a discount, so it won't be a 'joint purchase'.)

I like the idea of using the Cosco card as evidence. Honestly, I'm a little hesitant re: the joint bank account. I think I've always been told, 'Don't do that until you're married!!!' Maybe it's a symptom of living in the South in the USA. There are a lot of things one shouldn't do until they're married down in these parts... 8)

Bills sound like a good one. I don't knwo how the living situation will be or if we'll have a roommate, but it can be arranged either way, I'm sure! The lease is definitely a good indicator and will be in the folder for sure!

Perkele, thank you! I'm a bit of a worry wart, so I like having all of my ducks in a row before I have to really worry about it. Hopefully it will pay off in the end and the process will be fairly seamless (and painless) and possibly even quick for us. I don't know whether I would apply inland or outland, considering both have their pros and cons. (Inland, takes longer but can get Open Work Permit; outland, can't work but might not take as long... supposedly.)

 

[LeisaP]

Thank you so much, both of you.

Leisa, your list is fantastic! We do have loads of pictures from our visits, though I am afraid I've already chucked my ticket for a Habbs game and another event. (They were 4 months apart.) I could see if my boyfriend has the e-receipts. We have also stayed in one hotel in Montreal and will stay in another in Toronto at the end of July while visiting his brother. Would that be sufficient? (My boyfriend will be using a discount, so it won't be a 'joint purchase'.)

I like the idea of using the Cosco card as evidence. Honestly, I'm a little hesitant re: the joint bank account. I think I've always been told, 'Don't do that until you're married!!!' Maybe it's a symptom of living in the South in the USA. There are a lot of things one shouldn't do until they're married down in these parts... 8)

Bills sound like a good one. I don't knwo how the living situation will be or if we'll have a roommate, but it can be arranged either way, I'm sure! The lease is definitely a good indicator and will be in the folder for sure!

yeah check for the e-tickets. also for the flight tickets.
if you cant find e-tickets you can always check your credit card statement. sometimes they will say what the purchase was for and you can highlight it with a little note saying what it was. but sometimes the credit cards show up with almost nothing related to what the event was.
but its worth a try if you cant find the e tickets.
also your going to live together for another 12 months before you apply right? i think thats what you said. so just continue to keep tickets from events. or everything you do together. if you go out for a big fancy dinner for your birthday or boyfriends. keep the receipt for it. ( we didnt do this. but it would be a good piece of evidence too)

- the cosco card is nice because its not something they ask for. its something different that your normal everyday couple is really likely to have. so its a bonue

- haha the joint bank account. thats a funny one too. because my parents were married and my mom is a little bit of a spender. so she always spent too much. now they are divorced (but still friends, and on good terms) but my dad is engaged and has been with another woman for about 6 years and he still doesnt have a joint account with her, because he told me "i will never let another another woman get her hands to close to my money". hahah sorry its just funny because he always tells me joint accounts are bad. but i trust my boyfriend, he added me to his account, a year before i added him to mine. i guess you just have to be on a clear understanding. BUT if you are not into it . you can always open another bank account that you dont use as often, but occasionally. as like a savings or something. proof its joint. but not all your money is in there. but honestly it is very very good evidence, i think on the application there is a specific question that asks about a joint account(its silly most common-law dont have it)

yeah it doesnt matter if you have a roommate. just as long as both of your names are on the lease.


p.s im a worry wart too!! so im always cross checking everything. before we applied i think i went through the application about 15 times. ???

 

[mathilde]

yeah check for the e-tickets. also for the flight tickets.
if you cant find e-tickets you can always check your credit card statement. sometimes they will say what the purchase was for and you can highlight it with a little note saying what it was. but sometimes the credit cards show up with almost nothing related to what the event was.
but its worth a try if you cant find the e tickets.
also your going to live together for another 12 months before you apply right? i think thats what you said. so just continue to keep tickets from events. or everything you do together. if you go out for a big fancy dinner for your birthday or boyfriends. keep the receipt for it. ( we didnt do this. but it would be a good piece of evidence too)

- the cosco card is nice because its not something they ask for. its something different that your normal everyday couple is really likely to have. so its a bonue

- haha the joint bank account. thats a funny one too. because my parents were married and my mom is a little bit of a spender. so she always spent too much. now they are divorced (but still friends, and on good terms) but my dad is engaged and has been with another woman for about 6 years and he still doesnt have a joint account with her, because he told me "i will never let another another woman get her hands to close to my money". hahah sorry its just funny because he always tells me joint accounts are bad. but i trust my boyfriend, he added me to his account, a year before i added him to mine. i guess you just have to be on a clear understanding. BUT if you are not into it . you can always open another bank account that you dont use as often, but occasionally. as like a savings or something. proof its joint. but not all your money is in there. but honestly it is very very good evidence, i think on the application there is a specific question that asks about a joint account(its silly most common-law dont have it)

yeah it doesnt matter if you have a roommate. just as long as both of your names are on the lease.


p.s im a worry wart too!! so im always cross checking everything. before we applied i think i went through the application about 15 times. ???

I gotcha! Perfect! Yeah, assuming everything works out with a Work Holiday Visa, I am hoping to live over there for 12 months at the very least. (Might end up renewing as a visitor toward the end of that visa, seeing as I'd have to leave if I didn't do that.) I love the Cosco card idea and will definitely bring it up with the boyfrined once time draws nearer. We've sort of discussed all this, but I'm definitely the one freaking out about this more than he is, lol. It has a lot to do with the fact that I'm graduating soon and need a plan. If I didn't worry about it now, my chance to get on BUNAC will be non-existant, as you have to be a recent student, apparently. So if I don't do that, we'll have to get married or something and be apart for much, much longer, probably.

Yeah, your dad's opinion re: the joint bank account is the same as mine. I haven't had problems with partners doing that, but I have had family problems with people stealing credit cards, etc, so I'm weary, even if my boyfriend is great with his money. I'll probably get over it once we live together though. I like the idea of opening the joint Savings account, though. I'd rather do that and keep our separate Checking ones, to be honest....

Thanks!
Mathilde

 

[LeisaP]

I gotcha! Perfect! Yeah, assuming everything works out with a Work Holiday Visa, I am hoping to live over there for 12 months at the very least. (Might end up renewing as a visitor toward the end of that visa, seeing as I'd have to leave if I didn't do that.) I love the Cosco card idea and will definitely bring it up with the boyfrined once time draws nearer. We've sort of discussed all this, but I'm definitely the one freaking out about this more than he is, lol. It has a lot to do with the fact that I'm graduating soon and need a plan. If I didn't worry about it now, my chance to get on BUNAC will be non-existant, as you have to be a recent student, apparently. So if I don't do that, we'll have to get married or something and be apart for much, much longer, probably.

Yeah, your dad's opinion re: the joint bank account is the same as mine. I haven't had problems with partners doing that, but I have had family problems with people stealing credit cards, etc, so I'm weary, even if my boyfriend is great with his money. I'll probably get over it once we live together though. I like the idea of opening the joint Savings account, though. I'd rather do that and keep our separate Checking ones, to be honest....

Thanks!
Mathilde

yeah its better to sort things out ahead of time. so your not in a mad rush to figure stuff out later.
for common law it has to be at least 12 months consecutive. so that would work if you go on a working visa. and than if you get it you dont have to rush into getting married.
(on our app our immigration consultant made a note under why arent you married, stating that we wanted to do things the right way with all our family and when the time is good for us, so maybe consider doing that aswell, say why you havent married yet.)
your lucky to have to opportunity to stay together in canada to apply inland or out.

my boyfriend was a failed refugee. so we had no choice. he had to leave canada. so we are applying outland. which is okay. now i get a nice vacation in mexico. but it kind of put our life on hold. in regards to school, and getting married. but oh well. you gotta do what you gotta do!

anyways yeah the savings is a good idea. im pretty sure you can add him to your savings but no chequing, so that shouldnt be a problem!.

Hope everything goes well and good luck!!
Leisa ;D

 

[OhCanadiana]

Hello, and welcome Mathilde

I find CIC's discussion on characteristics and assessment of conjugal relationships in OP-2 really helpful (and inspirational) as a starting point for these discussions:

"In the M. v. H. decision, the Supreme Court adopts the list of factors that must be considered in
determining whether any two individuals are actually in a conjugal relationship from the decision of
the Ontario Court of Appeal in Moldowich v. Penttinen. They include:
• shared shelter (e.g., sleeping arrangements);
• sexual and personal behaviour (e.g., fidelity, commitment, feelings towards each other);
• services (e.g., conduct and habit with respect to the sharing of household chores)
• social activities (e.g., their attitude and conduct as a couple in the community and with their
families);
• economic support (e.g., financial arrangements, ownership of property);
• children (e.g., attitude and conduct concerning children)
• the societal perception of the two as a couple."

"Based on this, the following characteristics should be present to some degree in all conjugal
relationships, married and unmarried:
• mutual commitment to a shared life;
• exclusive – cannot be in more than one conjugal relationship at a time;
• intimate – commitment to sexual exclusivity;
• interdependent – physically, emotionally, financially, socially;
• permanent – long-term, genuine and continuing relationship;
• present themselves as a couple;
• regarded by others as a couple;
• caring for children (if there are children).
People who are dating or who are thinking about marrying or living together and establishing a
common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live
together to “try out” their relationship.
Persons in a conjugal relationship have made a significant commitment to one another."

and then outlines examples of evidence:

"Financial aspects of the relationship
• Joint loan agreements for real estate, cars, major household
appliances;
• Joint ownership of property, other durable goods;
• Operation of joint bank accounts, joint credit cards evidence that any
such accounts have existed for a reasonable period of time;
• The extent of any pooling of financial resources, especially in relation
to major financial commitments;
• Whether one party owes any legal obligation in respect of the other.

Social aspects of the relationship
• Evidence that the relationship has been declared to government
bodies and commercial or public institutions or authorities and
acceptance of such declarations by any such bodies;
• Joint membership in organisations or groups, joint participation in
sporting, cultural, social or other activities;
• Joint travel;
• Shared values with respect to how a household should be managed;
• Shared responsibility for children; shared values with respect to
child-rearing; willingness to care for the partner's children;
• Testimonials by parents, family members, relatives or friends and
other interested parties about the nature of the relationship and
whether the couple present themselves to others as partners.
Statements in the form of statutory declarations are preferred.

Physical and emotional aspects of the relationship -the degree of commitment as evidenced by:
• Knowledge of each other's personal circumstances, background and
family situation;
• Shared values and interests;
• Expressed intention that the relationship will be long term;
• The extent to which the parties have combined their affairs, for
example, are they beneficiaries of one another's insurance plans,
pensions, etc.?
• Joint decision-making with consequences for one partner affecting
the other;
• Support for each other when ill and on special occasions letters,
cards, gifts, time off work to care for other;
The terms of the parties' wills made out in each other's favour
provide some evidence of an intention that the relationship is long
term and permanent;
• Time spent together;
• Time spent with one another's families;
• Regular and continuous communication when apart.

Examples of supporting documents:
• Family memberships, medical plans, documentation from institutions that provides
recognition as a couple;
• Marriage certificate (not just a solemnization record), wedding invitations, commitment
ceremony (certificate, invitations), domestic partnership certificate;
• joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan,
property title, joint bank statements; money transfers.
• documents showing travel together, long distance phone bills; other proof of continuous
communication (emails, internet chat site printouts, letters).
• insurance policies (documents naming the partner as a beneficiary), wills, powers of
attorney;
• significant photographs;
• statements of support from families, bank manager, employers, financial professionals,
religious leaders, community leaders, professors, teachers or medical professionals."

You can see even more details at http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf in Sections 5.25 and 5.26

 

[OhCanadiana]

Hi, all. First-time poster here!
...
Nothing is final re: BUNAC, but it is on the back-burner as something I have been thinking a lot about lately.

Thank you so much for your help!

In addition to working holiday, depending on your profession you may also want to consider a NAFTA visa

 

[LeisaP]

OhCanadiana!!
so glad you posted this!. i was trying to find it!.
its very helpful!

 

[mathilde]

yeah its better to sort things out ahead of time. so your not in a mad rush to figure stuff out later.
for common law it has to be at least 12 months consecutive. so that would work if you go on a working visa. and than if you get it you dont have to rush into getting married.
(on our app our immigration consultant made a note under why arent you married, stating that we wanted to do things the right way with all our family and when the time is good for us, so maybe consider doing that aswell, say why you havent married yet.)
your lucky to have to opportunity to stay together in canada to apply inland or out.

my boyfriend was a failed refugee. so we had no choice. he had to leave canada. so we are applying outland. which is okay. now i get a nice vacation in mexico. but it kind of put our life on hold. in regards to school, and getting married. but oh well. you gotta do what you gotta do!

anyways yeah the savings is a good idea. im pretty sure you can add him to your savings but no chequing, so that shouldnt be a problem!.

Hope everything goes well and good luck!!
Leisa ;D

Yes, I am glad I'm getting a head start. I hope it will speed up the process when the time comes ,or at least allow as few hiccups as possible. I am worried about submitting the application and forgetting something, so I'd rather start compiling things in the meantime, perhaps.

That's a great tip from the immigration consultant, and I'll definitely consider putting that on the application when the time comes. Thank you!

Thank you for the list, Canadiana! That's fantastic! Edit: I don't necessarily have a profession yet. I have a university degree in the humanities (French), and I'm not sure what I'll do with it yet. I don't know if NAFTA would be a possibility for me. I'm going to have to start from the bottom up, honestly. I was hoping I could find work as a receptionist at a hotel or something on my BUNAC visa. We'd be in northern Ontario (near Sudbury), assuming it all worked out. Though my boyfriend did tell me he'd be happy to move if I had to, but he'd like to avoid living in the GTA... lol.

Edited for spelling. Derp derp.

 

[LeisaP]

Your welcome! good luck!

 

[OhCanadiana]

Thank you for the list, Canadiana! That's fantastic! Edit: I don't necessarily have a profession yet. I have a university degree in the humanities (French), and I'm not sure what I'll do with it yet. I don't know if NAFTA would be a possibility for me. I'm going to have to start from the bottom up, honestly. I was hoping I could find work as a receptionist at a hotel or something on my BUNAC visa. We'd be in northern Ontario (near Sudbury), assuming it all worked out. Though my boyfriend did tell me he'd be happy to move if I had to, but he'd like to avoid living in the GTA... lol.

You're welcome. Depending on the job you look at, take a look at the list of professions in the NAFTA agreement at http://www.nafta-sec-alena.org/en/view.aspx?x=343&mtpiID=147 in appendix Appendix 1603.D.1.

Also, As you go further North, hotels tend to be more willing to go through the whole LMO process since they find it hard to fill their positions with Canadians so you may be able to get in as a skilled worker too.

You have lots of options.

Regarding your prior comments on financials, I hear you on intermingling your affairs. From CIC's perspective, they are looking for people who have intertwined their affairs and aren't just "testing out" living together before getting married. So, you may want to ask yourself how serious this relationship is at this point since it will come through in your application. If it isn't that serious yet, you can still move under another category as I mentioned above

Good luck!

OhC

 

[Woffles]

With regards to the joint bank account concerns, we just use ours to pay the rent. We pay the cash (or transfer it) in and then Interac transfer it to the landlord. We also use it to pay the Internet bill. We don't keep any substantial amount in there until the end of the month, and then it's always paid out pretty much straight away. It just shows that we use the account regularly, even though we could just as easily pay the rent using my own account and I kinda like that the rent is paid separately as well.

Hope that helps, good luck

 

[OhCanadiana]

OhCanadiana!!
so glad you posted this!. i was trying to find it!.
its very helpful!

My pleasure . I post it every so often when this question comes up.