General Question (Common Law)

[hotpinktop]

First off, let me say that I am extremely grateful for this forum.  I have learned so much lurking in here for a month than close to 3 months of constant calls to CIC Call Centre.

I need a bit of help.

My partner and I are thinking of filing under “Common Law”.  Ours is a pretty straightforward case.  We're both single.  He's Canadian.  I have been working in Canada for 4 years now under a valid Work Permit.  I am from a Third World Country, and is 7 years older than him (just thought I'd throw it in there for a more accurate background  )

We have been living together since February 2010, and we have joint Lease Agreement and Rental Receipts under both our names.  However, as in most cases, we never really thought of going down this immigration path (Family Class) until recently.  So, the Joint Bank accounts, insurance, etc. didn't happen until about August 2010. We have letters addressed to both our names as well as some pictures since February, but no formal anything that screams “COMMON LAW” – until, again, August-September when we started formally combining our affairs. 

My question is: Should we wait until August of this year to file, or can we risk counting from February (for the 12 months needed)?  I have friends who can testify to our living arrangements since February though. 

Another problem is that my partner and the rest of his family are very anti-pictures.  So although there were gatherings and parties, I never really take pictures because none of them want theirs taken. Rather than risk offending them, I simply don't take pictures.  As a result, we have very few of them.

As for vacations, we've taken about two, but again, no pictures.  And we didn't keep any receipts or keepsake.  *Sigh* had I known we'd try applying under Family Class, I would have definitely made a serious effort to collate everything I can.  But, it's too late now. 

Anyone's two cents are appreciated. 

[Patricksgirls]

If you were not from a third world country I would say only a few pictures is not such a huge deal however they may scrutinize you being with your partner for all this time yet few pics. I think maybe you should begin gathering more proof now and apply in August but that is just me. I suppose this month would constitute common law but all the proof there would be the lease. The relationship letters go a long way.
You never know what the people that are going to assess the application are thinking. As for what their idea of genuineness is it is laid out on the CIC site. No pics of vacations may draw a huge red flag. Then again you may sail through applying this month and have no questions.

[j2m]

I would agree with Patricksgirls. No photos may be an issue. When I submitted for Common-Law, the only "Joint" thing we had was a checking account, and I didn't submit any receipts. The main thing we had was Photos (about 120+) and about 15 letters from friends and family members. We didn't have a problem and we did not get "Interviewed".
I would have a hard time waiting until August... I guess the worst that could happen, if you submitted now, is they would either request additional documentation or schedule an interview.
As long as you have lived together for 1 continuous year you can submit through common-law.

[hotpinktop]

You're both right.

Maybe I'd build a stronger application package if I wait until August than risk applying now and be summoned for an interview or have my papers delayed because of the need for additional documentation. 

I also qualify for Immigration through FSW or CEC (in a few more months), but I thought Family Class was the more practical route, as we are truly in a Common Law relationship, and it's just a matter of gathering and presenting pieces of evidence.  Guess it's never as easy as it seems. 

Thank you Patricksgirls and j2m for the advice.  I appreciate it. 

[missmini]

me too i would suggest to wait a little more and gather more proofs, read all the guides and manuals...time is on ur side; at the long way, maybe by giving more proof u'll b waived from the interview which will save a lot of time and headache...pictures r important some send 100+ pictures...so have some weekend outings together - show hotel and restaurants receipts and pictures make sure that until u apply u'll be spending birthday, anniversary or other religious holidays together - show cards, receipts from the gifts, and again pictures this year u'll fill the taxes for 2010 and make sure u mark common-law and u make the taxes together if possible; lastly, make ur relationship visible to your friends, family, workplace - u will need letters from them at some point

yeah it looks that common-law is the logical way to go but unfortunately as u start to dig deeper is not that easy as we find it at the first look...it depends of the visa office too and lots of different circumstances...still it will probably be faster than other immigration class and with a better end result

good luck!