When will I know if we meet the criteria for common-law?

[midwifemia]

We just got sponsorship approval from CPC-M and my application has now been forwarded to the London office.

I have been aware from the start of this that the only area of contention in our application is that although we have lived together consecutively over the past year, it was while we were travelling in New Zealand and the first 7 months we were living in a campervan.

Now, the guide to sponsorship defines common-law as a relationship where: "you and that other person have cohabited in a conjugal relationship for a period of at least one year" and a conjugal relationship is defined as a relationship that is "a committed and mutually interdependent relationship of some permanence where you have combined your affairs to the extent possible."

My application clearly shows that we purchased the campervan using joint funds, registered it in both our names, insured it in both our names, set up a joint bank account and that it was intended to be our one and only home for the period in which we lived in it. I included pictures of our 'home' and a comprehensive list of every campsite and place we stayed in, even if only for one night, for the entire period. I hope that this will be enough to demonstrate the above, and if for some reason they decide it's NOT enough that we were in a moving rather than fixed home, we're still living together (I'm in Canada on a visitor's visa at present) so we will have yet MORE time living together (in a house!) by the time they let us know there's a problem.

My question is, would this be something that would have been picked up at Mississauga if it was likely to be a problem? Does sponsorship approval also mean that we have satisfied the one year rule as far as they're concerned? Or do I just have to wait to see who picks up our paperwork in London, and whether they think living in a campervan counts as cohabiting?!

For the record, I reckon 7 months living in a Toyota Hiace is easily equivalent to 5 years living in a house together ;-)

 

[Swede]

We just got sponsorship approval from CPC-M and my application has now been forwarded to the London office.

I have been aware from the start of this that the only area of contention in our application is that although we have lived together consecutively over the past year, it was while we were travelling in New Zealand and the first 7 months we were living in a campervan.

Now, the guide to sponsorship defines common-law as a relationship where: "you and that other person have cohabited in a conjugal relationship for a period of at least one year" and a conjugal relationship is defined as a relationship that is "a committed and mutually interdependent relationship of some permanence where you have combined your affairs to the extent possible."

My application clearly shows that we purchased the campervan using joint funds, registered it in both our names, insured it in both our names, set up a joint bank account and that it was intended to be our one and only home for the period in which we lived in it. I included pictures of our 'home' and a comprehensive list of every campsite and place we stayed in, even if only for one night, for the entire period. I hope that this will be enough to demonstrate the above, and if for some reason they decide it's NOT enough that we were in a moving rather than fixed home, we're still living together (I'm in Canada on a visitor's visa at present) so we will have yet MORE time living together (in a house!) by the time they let us know there's a problem.

My question is, would this be something that would have been picked up at Mississauga if it was likely to be a problem? Does sponsorship approval also mean that we have satisfied the one year rule as far as they're concerned? Or do I just have to wait to see who picks up our paperwork in London, and whether they think living in a campervan counts as cohabiting?!

For the record, I reckon 7 months living in a Toyota Hiace is easily equivalent to 5 years living in a house together ;-)

Mississauga only makes sure that the mandatory forms and certificates are in order, so it's up to London to pass judgement on your relationship. That being said, it seems that you have a pretty well supported case and I'm sure that they don't have a problem with you having lived in a van. Sadly you most likely won't hear anything until a decision has been made, but I'm sure you'll be fine...

 

[RobsLuv]

Mississauga does not make any assessment regarding the "genuine nature" of the relationship, or the "qualifying" component of a common-law relationship. So, no, having passed assessment at CPC-M only means that the sponsor has been determined eligible to sponsor - it has nothing to do with what will happen in London.

However, I think you provided some really smart and compelling evidence of your cohabitation. There is nothing in the IRPA that states you have to be living in a "house" in order to be considered common-law partners. You have provided proof of having joint funds, a joint purchase of your "home", and an itinerary of everywhere you stayed along your journey. I think it sounds like a fun - although, perhaps a bit cramped - adventure and they shouldn't hold it against you just because you weren't "settled" in one place. They may ask for further evidences of your continued co-habitation, now that you're settled in, but that doesn't seem like it would be difficult to give them. I'd say you'll be fine, too. Although you probably won't know for sure (lacking an interview invite or a request for more info) until they send notification of the final decision, at least London processes quickly (2-8 months) so you shouldn't have to wait for long!

 

[bluebear]

I have very similar case as you..but I sent my application inland.
I wonder if I receive my AIP, does that mean I meet the criteria for common-law??
Can anybody tell me? thank you.

 

[fallenstar831]

For the record, I reckon 7 months living in a Toyota Hiace is easily equivalent to 5 years living in a house together ;-)

For what it's worth, I believe you. lol.