Sticky situation, need clarity.

[acer925]

Hi guys,

My girlfriend and I have been living together for over 2 years here in Canada, I've visited back in the states a few times. We would like to apply for her to sponsor me as common law spouse but we have some issues. The house we live in is under her exes name and she also doesn't have a job. He gives her money and pays for all the bills, etc..(they were together for 15 years). She is afraid that if we apply for common law, he will somehow find out, and given our current situation, that would be a bad thing. So my question is, if we apply for common law (outland), is there a chance he could find out? Obviously they will ask her where she gets money from. Just so nobody judges, I came here with sufficient funds to provide for myself up until this point. I would really truly appreciate any knowledge some of you have about this. Thank you so much in advance.

 

[cililoca]

I really don't know what to tell you... It's complicated and she will have to mention him on the form, they ask about your previous common law relationships... I think that maybe the best way is sit down and talk to him, if he is helping her so much it means they are friends? He deserves to know what's going on especially if he is helping her out so much. I honestly don't know if CIC will contact him or not should you decide not to tell him anything.

I know that without a job how is she going to be responsible for you? The sponsor is supposed to provide for you all your basic needs for 3 years should you need it. You are supposed to go out and provide for yourself, of course, but if she has no job and/or have debts how can she sponsor you? I know there is no minimum wage requirement but I don't know if they would refuse your application on this argument, I'm just telling you the questions that popped in my mind while I was reading your post.

 

[canadianwoman]

For a common-law application, you have to prove that you lived together for one year; you also have to prove that any former relationship is over, and to the visa officer it may look like she is still in a romantic relationship with her ex.
If you got married, you wouldn't have to prove that you lived together, but I suppose there would be no way to hide that from the ex.
There are ways to prove you lived together without using both names on the lease or mortgage and both names on the utility bills, but the visa officer is probably going to wonder whose names these things are under, and when he/she finds out it is the ex, may not believe your relationship is genuine.
You can get affidavits from neighbours, the landlord, friends, and family stating that you live together; you can show mail addressed to both of you or either one of you at the same address, you can show joint bank accounts and credit cards. If you have named each other as beneficiaries of wills, insurance policies, etc, that also helps.

 

[CanadiansWife]

Hi guys,

My girlfriend and I have been living together for over 2 years here in Canada, I've visited back in the states a few times. We would like to apply for her to sponsor me as common law spouse but we have some issues. The house we live in is under her exes name and she also doesn't have a job. He gives her money and pays for all the bills, etc..(they were together for 15 years). She is afraid that if we apply for common law, he will somehow find out, and given our current situation, that would be a bad thing. So my question is, if we apply for common law (outland), is there a chance he could find out? Obviously they will ask her where she gets money from. Just so nobody judges, I came here with sufficient funds to provide for myself up until this point. I would really truly appreciate any knowledge some of you have about this. Thank you so much in advance.

I don't think there is a way that her ex will find out, from the CIC-M, since it's confidential. Also, isn't it kind of wrong that she would still take his money and not be honest to him with the situation? I feel bad for the guy. Beware of Karma dude!

 

[acer925]

I really don't know what to tell you... It's complicated and she will have to mention him on the form, they ask about your previous common law relationships... I think that maybe the best way is sit down and talk to him, if he is helping her so much it means they are friends? He deserves to know what's going on especially if he is helping her out so much. I honestly don't know if CIC will contact him or not should you decide not to tell him anything.

I know that without a job how is she going to be responsible for you? The sponsor is supposed to provide for you all your basic needs for 3 years should you need it. You are supposed to go out and provide for yourself, of course, but if she has no job and/or have debts how can she sponsor you? I know there is no minimum wage requirement but I don't know if they would refuse your application on this argument, I'm just telling you the questions that popped in my mind while I was reading your post.

Her previous relationship was not common law or marriage, they were just together for 15 years..and are now friends. I would be supporting myself and also giving her some money, but it would not be enough and she would still have to accept his money. It is "alimony", but it was a mutual agreement between them instead of going through court. So I'm guessing her exes name wouldn't have to go on the form since he's not her previous common law marriage, or is he? (Not sure if it's automatically considered common law after that long of living together). Thank you so much for your answer! Much appreciated

 

[acer925]

For a common-law application, you have to prove that you lived together for one year; you also have to prove that any former relationship is over, and to the visa officer it may look like she is still in a romantic relationship with her ex.
If you got married, you wouldn't have to prove that you lived together, but I suppose there would be no way to hide that from the ex.
There are ways to prove you lived together without using both names on the lease or mortgage and both names on the utility bills, but the visa officer is probably going to wonder whose names these things are under, and when he/she finds out it is the ex, may not believe your relationship is genuine.
You can get affidavits from neighbours, the landlord, friends, and family stating that you live together; you can show mail addressed to both of you or either one of you at the same address, you can show joint bank accounts and credit cards. If you have named each other as beneficiaries of wills, insurance policies, etc, that also helps.

The thing I don't get is how do they expect me to prove such things as utility bills under my name, joint bank account, etc. If I'm not allowed to work here? So the only thing I can show is letters from my family, and I can also have them vouch as witnesses. Besides letters from my family, I really don't have anything with my name on it. How would she prove that the other relationship is over? The only thing I can understand people showing to prove that is a house payment, rent receipt, or documents changed from having both of their names, to only hers. Which all of those things, we don't have because of our situation. Thank you so much for your answer, I really appreciate that!

 

[acer925]

I don't think there is a way that her ex will find out, from the CIC-M, since it's confidential. Also, isn't it kind of wrong that she would still take his money and not be honest to him with the situation? I feel bad for the guy. Beware of Karma dude!

Good to hear it's confidential, but hopefully more people will chime in and confirm that. My first response goes into more detail of our situation if your interested. Thanks for your answer, I really appreciate that.

 

[canadianwoman]

Her previous relationship was not common law or marriage, they were just together for 15 years..and are now friends. ... So I'm guessing her exes name wouldn't have to go on the form since he's not her previous common law marriage, or is he? (Not sure if it's automatically considered common law after that long of living together).

15 years together, and they shared a house. It's common law, and will have to be declared on the forms.

Without official proof such as both names on a lease or joint bank accounts, you can still be accepted as a common-law partner. You'll need letters (and better would be affidavits) from family, friends, and neighbours stating that they know you are a couple, know you two live together and have for a year or more, and believe the relationship is genuine.

 

[acer925]

15 years together, and they shared a house. It's common law, and will have to be declared on the forms.

Without official proof such as both names on a lease or joint bank accounts, you can still be accepted as a common-law partner. You'll need letters (and better would be affidavits) from family, friends, and neighbours stating that they know you are a couple, know you two live together and have for a year or more, and believe the relationship is genuine.

Thanks for the response. What does it mean though that his name will go on the form? Is there a chance they will contact him? Or is it just for legal purposes? Thanks so much.

 

[canadianwoman]

For the question asking has she ever been married before or been in a common-law relationship, she will have to answer 'yes' and give his details.
I doubt they would contact him.