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Author Topic: spousal application vs common law  (Read 860 times)
squirrel
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« on: June 03, 2009, 11:28:17 am »

My partner is Canadian citizen, we've been living together for 3 years outside Canada. Couple weeks ago we came back to Vancouver. My partner is going to sponsor me for PR. We all know it takes a long time. The question is: which way has less paperwork and is faster and easier: to get married and apply with marriage certificate or to apply on common law based relationship? Is there any difference? Do you still have to prove that your marriage is bona fide? Does the marriage has any advantages?

Please share you information and experience.

Thank you all.

squirrel
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INLAND. VANCOUVER. Application sent September 29th 2009
Application received by CIC-V October 1st 2009
AIP and open work permit April 5th 2010
mitamata
Hero Member
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Posts: 740
Ratings: +9
Category........: FAM
Visa Office......: Vienna
App. Filed.......: 16-02-2009
AOR Received.: 27-03-2009
Med's Done....: 03-12-2008
Passport Req..: 29-04-2009
VISA ISSUED...: 06-05-2009
LANDED..........: 27-07-2009

« Reply #1 on: June 03, 2009, 01:00:38 pm »

You still have to prove the relationship is genuine, no matter how you apply.

But, it's slightly easier if you're married. The marriage certificate is enough to establish you qualify as a spouse. With common-law, you need to prove that you have been living together for at least 1 year and that's a bit more difficult, since there isn't really one piece of paper that would prove that.

I'm sure that if you've been living together for 3 years though, you should be able to provide enough evidence to show you've been living together for at least the last year, so it shouldn't make much of a difference to you. If you don't have much evidence for that though, then it would be easier to just get married. Though of course, to prove the relationship is genuine, you'll still need to submit evidence you've been living together since that is part of your relationship, so... *shrugs* Your call Wink
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Applying outland - Vienna
Feb 16th - application received at CPC-M
Mar 3rd - decision made at CPC-M
Mar 27th - received AOR, dated Mar 23rd
Apr 29th - PPR received via email
May 12th - Passport with visa received Smiley
Landed Jul 27th in Vancouver
raniloc
Hero Member
*****

Posts: 649
Ratings: +1
Category........: FAM
Visa Office......: CEM
App. Filed.......: Feb. 13, 2011
Doc's Request.: April 11, 2011
AOR Received.: April 11, 2011
File Transfer...: April 24, 2011
Med's Request: Re-med Request :  Jan. 25, 2012
Med's Done....: Re-med done :  Feb 08, 2012
Passport Req..: April 11, 2011
VISA ISSUED...: Feb. 29. 2012   ECAS DM - MARCH 5, 2012 , VISA RECEIVED: MARCH 3, 2012
LANDED..........: AUGUST 3, 2012

« Reply #2 on: July 25, 2011, 01:21:08 am »

You still have to prove the relationship is genuine, no matter how you apply.

But, it's slightly easier if you're married. The marriage certificate is enough to establish you qualify as a spouse. With common-law, you need to prove that you have been living together for at least 1 year and that's a bit more difficult, since there isn't really one piece of paper that would prove that.

I'm sure that if you've been living together for 3 years though, you should be able to provide enough evidence to show you've been living together for at least the last year, so it shouldn't make much of a difference to you. If you don't have much evidence for that though, then it would be easier to just get married. Though of course, to prove the relationship is genuine, you'll still need to submit evidence you've been living together since that is part of your relationship, so... *shrugs* Your call Wink

Do the Visa Office put more priority on SPOUSAL application rather than COMMON LAW application? or they are both equal? 
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Baloo
VIP Member
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Posts: 4946
Ratings: +192

« Reply #3 on: July 25, 2011, 01:30:31 am »

Do the Visa Office put more priority on SPOUSAL application rather than COMMON LAW application? or they are both equal? 

No difference in priority at all, however, taking the common law route means that you have a bit more to prove.
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
raniloc
Hero Member
*****

Posts: 649
Ratings: +1
Category........: FAM
Visa Office......: CEM
App. Filed.......: Feb. 13, 2011
Doc's Request.: April 11, 2011
AOR Received.: April 11, 2011
File Transfer...: April 24, 2011
Med's Request: Re-med Request :  Jan. 25, 2012
Med's Done....: Re-med done :  Feb 08, 2012
Passport Req..: April 11, 2011
VISA ISSUED...: Feb. 29. 2012   ECAS DM - MARCH 5, 2012 , VISA RECEIVED: MARCH 3, 2012
LANDED..........: AUGUST 3, 2012

« Reply #4 on: July 25, 2011, 11:38:23 pm »

No difference in priority at all, however, taking the common law route means that you have a bit more to prove.

Yes, I fully undestand this. The reason we submitted a  3 and half years of evidence to prove our relationship is genuine and continuing.
However, for the life of me I cannot comprehend why there are no update or  feedback for the local visa office after they have confirmed and acknowledge the RPRF payment last July 5.   

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