CANADAVISA.com Immigration Forum
February 15, 2012, 03:56:23 am
   Home   Assessment Help Search Login Register RSS  
*
Welcome, Guest. Please login or register.
Did you miss your activation email?

 News
 
Pages: [1]   Go Down
  Print  
Author Topic: is there a big difference between spousal and common law:  (Read 556 times)
raycrawford
Star Member
****

Posts: 58
Ratings: +2

« on: February 21, 2009, 09:45:16 pm »

Just wondering if the common law applications are as successful as the spousal, assuming all evidence is equal?  I read so many times where common law is so tricky?

If you have been together for over a year and have all the required documents, why is it so tricky?

Is there anything I am missing here?

Regards,

Ray
Logged
RobsLuv
Champion Member
******

Posts: 1758
Ratings: +118
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #1 on: February 21, 2009, 09:58:47 pm »

It's just that a common-law application requires not only that you prove yours is a genuine relationship, but that you also prove that you meet the eligibility requirements to be considered common-law partners. 

Section 5.34 of the OP2 processing manual describes it this way: "A common-law relationship is fact-based and exists from the day in which two individuals demonstrate that the relationship exists on the basis of the facts. The onus is on the applicants to prove that they are in a conjugal relationship and that they are cohabiting, having so cohabited for a period of at least one year, when the application is received at CPC-M.  A common-law relationship is legally a de facto relationship, meaning that it must be established in each individual case, on the facts. This is in contrast to a marriage, which is legally a de jure relationship, meaning that it has been established in law."
Logged

Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Appeal won 1'10.  Ap back in process 4'10, new meds requested 5'10 - submitted in June.  FBI rec'd 8'10 after 12 wks!  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
Pages: [1]   Go Up
  Print  
 
Jump to:  

Powered by SMF 1.1.10 | SMF © 2006-2009, Simple Machines LLC