when common law

[Gemini020]

Hi everyone,
We're about to apply for permanent residency but I am quite confused about a couple of things. One of them is the common law thing.
We have lived together for over two year, in the Netherlands. Does this count as common law? We cannot answer any of the questions, about the joint things, on the STATUTORY DECLARATION OF COMMON-LAW UNION form (IMM5409E) with yes. We can probably prove we've lived together here though.

Thanks in advance for the help.

 

[jamsham12]

You said you are common law but can not take an oath that you both have been in a common-law relationship? Do you both have a rental lease or if you lived at a parents house a notarized letter from the parent/landlord stating both you and your partner live at this address and give specific dates. Do you have any joint bank accounts or either of your names listed on a group beneficiary on your employer's life insurance policy? Proving that you lived at the same address for at least a year is the bare minimum you need to provide to establish common-law as well as provide other supporting documentation that you are in a "marriage" like type of partnership.

 

[Gemini020]

Thank you very much for your reply.

The problem is that I don't know if we are common law. Does it count if the living together was in another country than Canada? What do you mean by taking an oath? Sorry if I ask a very basic question, I'm still pretty new to the application process.

We have lived in the house that I own since November 2012. I think we can have official documents, from city hall, to prove that. He does also have a permanent residency here in the Netherlands that was approved in April 2014 (before that he was on a tourist and then working holiday visa). As mentioned earlier we do not have joint bank accounts, life insurances etc. I think we will have plenty of proof of relationship (pictures, plane tickets both to and from Canada and for joint holidays (also with my family).

Now that I read more about it, do I actually need to fill in that form IMM5409E “Common-law Declaration” or is it only when we would be co-signing another application. To be clear, we are applying for a visa for me.

"Who must complete this form? This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application".

The question still remains because some forms require to fill in who my sponsor is applying for, now I would think we are common law, rather than conjugal partners

 

[jamsham12]

Thank you very much for your reply.

The problem is that I don't know if we are common law. Does it count if the living together was in another country than Canada? What do you mean by taking an oath? Sorry if I ask a very basic question, I'm still pretty new to the application process.

We have lived in the house that I own since November 2012. I think we can have official documents, from city hall, to prove that. He does also have a permanent residency here in the Netherlands that was approved in April 2014 (before that he was on a tourist and then working holiday visa). As mentioned earlier we do not have joint bank accounts, life insurances etc. I think we will have plenty of proof of relationship (pictures, plane tickets both to and from Canada and for joint holidays (also with my family).

Now that I read more about it, do I actually need to fill in that form IMM5409E “Common-law Declaration” or is it only when we would be co-signing another application. To be clear, we are applying for a visa for me.

"Who must complete this form? This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application".

The question still remains because some forms require to fill in who my sponsor is applying for, now I would think we are common law, rather than conjugal partners

The statutory declaration of common-law union (IMM 5406) is a sword declaration that you and your partner are in a common-law union which will have to be signed before a notary public. Now you stated you have a house, I would try and get documentation that both your names are either on the lease, deed or the mortgage or provide bills that include your name and your partner name with the same address shown. If you do not have a joint bank account, get one now and provide proof that there is a joint account, CIC is not going to ask when you opened the joint account but the fact you do not have a joint account or life insurance could make your case weak as with common-law applications the burden of proof is extremely greater than if you were both married. I would get the statutory declaration common-law notarized, open a joint account and provide proof that you have both lived at the same residence for at least a year along with photos/chats logs/travel itineraries.

You both are most definitely defined as a common-law couple. If you applied under conjugal you most likely will be denied as there are no barriers for you and your partner to get married or be together.

 

[Gemini020]

Thank you for your very fast response again.

- do we need to sign The statutory declaration of common-law union for a visa application for me? The information on the website (I'm not allowed to post the link unfortunately) suggest we don't have to.
Statutory Declaration of Common-Law Union (IMM 5409) Who must complete this form? This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application

For IMM5406 I get an additional family information form.

- I bought the house before we even met so the house is only in my name. However he is registered at my address so we will be able to get a city hall document for that and he has received official mail on my address.

- I guess we could open a joint bank account but that would delay the whole process as we aren't in the same country at the moment

- would you suggest to get married quickly instead? In the Netherlands it doesn't matter as it doesn't prove anything, plenty of fake marriages. Obviously this would delay the process too and we would prefer to have an actual, big, wedding instead.

I would love other people's experiences in proving a relationship.
Nice to have the question if we are common law to begin with, answered

 

[jamsham12]

Thank you for your very fast response again.

- do we need to sign The statutory declaration of common-law union for a visa application for me? The information on the website (I'm not allowed to post the link unfortunately) suggest we don't have to.
Statutory Declaration of Common-Law Union (IMM 5409) Who must complete this form? This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application

For IMM5406 I get an additional family information form.

- I bought the house before we even met so the house is only in my name. However he is registered at my address so we will be able to get a city hall document for that and he has received official mail on my address.

- I guess we could open a joint bank account but that would delay the whole process as we aren't in the same country at the moment

- would you suggest to get married quickly instead? In the Netherlands it doesn't matter as it doesn't prove anything, plenty of fake marriages. Obviously this would delay the process too and we would prefer to have an actual, big, wedding instead.

I would love other people's experiences in proving a relationship.
Nice to have the question if we are common law to begin with, answered

Statutory Declaration of Common-Law Union is not mandatory but in your case without any joint accounts or beneficiaries of a group life insurance from your employer, I feel it would help your application. This is strictly my opinion and my opinion only but quickly getting married just for sponsorship purposes might not be the best idea as it seems rushed. I think if you provide the proof your partner has lived at the house you bought for at least a year along with pictures, notarized letters from family and friends stating your relationship is genuine you should have no issues. Also one thing you could which is what i did is add your partner as an authorized user on your credit card if you can not open the joint account.

 

[Gemini020]

thank you very much, it has been very useful. I have sent an email to my bank to see what we can arrange with him not being in the country. I do have have his PR-card here so that might be useful.

Also I will ask my family and friends to write letters and see if I can get them notarized. I have never heard of a notarized personal letter but will research.

I'm glad you don't suggest a quick wedding, I would love to get an actual real romantic wedding

 

[jamsham12]

thank you very much, it has been very useful. I have sent an email to my bank to see what we can arrange with him not being in the country. I do have have his PR-card here so that might be useful.

Also I will ask my family and friends to write letters and see if I can get them notarized. I have never heard of a notarized personal letter but will research.

I'm glad you don't suggest a quick wedding, I would love to get an actual real romantic wedding

I am not sure of the notary process in the Netherlands but in Canada or U.S you usually pay a notary public(usually a lawyer) or if you are lucky have someone at the bank who is a notary(Branch Manager) to sign the documents stating this is the truth and noting but the truth after which the notary public will place a seal on the document to certify. Yea trust me i was in the same boat as you, we were thinking about getting married to get sponsored but decided against it as we want a real celebration not a rush celebration just to get PR. ;D