+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Open Work Permit from Common-Law Parthner

alt10

Full Member
Jan 21, 2013
33
1
Athens
Job Offer........
Pre-Assessed..
Hi guys,

Right now I'm on international student status. My partner just got his post-graduate 3 year work permit.

We are trying to apply under the open work permit.
We are in a relationship for two years but we live together only for one.

He currently just got a job under the skilled categories so he would be able to share his permit with me.
I have a few questions.

How do I prove the common-law relationship? Would they accept pictures and trips as a proof?

Also, he has the original letter from the offer from his company? He started this week. He is probably gonna get pay cheques and not payslips is that ok for immigration?

Please let me know what's your experiences on that subject.

Thank you.
 

scylla

VIP Member
Jun 8, 2010
93,168
20,649
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Picture and trips do not prove you are common law - they just prove you are a couple. So no - they won't be accepted. To prove common law you must be able to prove that you have cohabitated (i.e. lived together) for at least one year continuously. The kind of proof you need to provide are things like: joint lease agreement, shared utility bills, joint bank accounts / credit cards showing the same address, mail sent to the same address. This proof would have to start from a year ago if you want to prove you have now lived together for the full year.
 

alt10

Full Member
Jan 21, 2013
33
1
Athens
Job Offer........
Pre-Assessed..
and if I don't have all this legal proof? We just wanted to live together. He owns the place so we didn't have to go through agreements. Is this better if we get married?
 

scylla

VIP Member
Jun 8, 2010
93,168
20,649
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
alt10 said:
and if I don't have all this legal proof? We just wanted to live together. He owns the place so we didn't have to go through agreements. Is this better if we get married?
Yes - in that case you may have no choice but to get married.
 

alt10

Full Member
Jan 21, 2013
33
1
Athens
Job Offer........
Pre-Assessed..
But it wouldn't look sketchy if we just get married now for that? and then apply immediately?
If we try as a common-law and it gets declined do we have the opportunity to try again as a married couple or appeal?
 

scylla

VIP Member
Jun 8, 2010
93,168
20,649
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
alt10 said:
But it wouldn't look sketchy if we just get married now for that? and then apply immediately?
If we try as a common-law and it gets declined do we have the opportunity to try again as a married couple or appeal?
If you are declined as common law - you can certainly get married and try again. You can also appeal - but it would be pointless unless you can actually produce the evidence I listed above to prove you are common law. Appealing only works if you can prove CIC made the wrong decision - I don't think you have the evidence to prove that.