common law definition

[pammmmm]

I have been living in a common law relationship for 9 months after that we separated for 2 1/2 months (only because we had to, still in a genuine relationship) then we reunited in Canada and until today we have been living under the some roof for 3 more months in canada.

Total time lived together under the same roof: 9 months outside canada + 3 months in canada....apart form each other only to settle matters in our countries.

You think I will be able to make a case with CIC if I can prove (with letters, phone calls, etc) that even though we were apart we still were in a genuine common law relationship? Or the only thing they will care is that we do not fit under the common law definition because we have no cohabited under the same roof for 12 continuous months?

Thank you!

[daehder]

This should not be a problem as long as you are your partner are prepared to swear a declaration of common law and have it witnessed by a lawyer or notary. (http://www.cic.gc.ca/ENGLISH/pdf/kits/forms/IMM5409E.PDF)   It also helps if you can prove things like a lease or rental agreement signed together, joint bank accounts, utilities in both your names or a phone bill with both your names on it things of that nature will "prove" common law.  For the most part it does sound like you are common law but probably a good time to make sure both your names are on things like your lease and utility bills here in Canada.

[pammmmm]

thanks daehder!

since in canada (march 2009) we have a lease with both our names, join bank accounts, bills form the apartment in both our names as well...form mexico (march 2008) we have rent lease signed with both our names...no other official paper...but tons of photos, mails, phone calls, etc.

my only fear is that in EVERY OFFICIAL DOCUMENT FROM CIC they define COMMON LAW as cohabitation for 12 continuous months! I think I will just take my chances and see what they say.

Any idea on how to write a complete COVER LETTER explaining our common law relationship?

THANKS!

[pammmmm]

Does somebody have samples of cover letter to present an application to obtain an open work permit based on a common law relationship?

I also need sample of support letters form family and friends stating the knew about the relationship.

My email is vazquezpamela @ hotmail.com
thank you!

[kyu010170]

Hi Pammm,

I do not have sample letters and they do not really have to be in a particular form.  As a suggestion, look at the copy of Common Law Declaration and just make sure you cover all elements on there that applies to you.  Feel free to be creative with the support letter from friends and family.

You should not have any problem with the formats.  There  is not strict rule about them anyway.