Minimum two years of marriage in proof requirement - does common law count?

[duddykravitz]

Hi everyone,

I will soon be applying for my wife's PR after accepting a job in Canada. This forum has been very helpful while researching this process.

Under "proof of relationship to sponsor", it says that if you satisfy four requirements - living together, have children together, this is your first marriage and married two years at the time of application -- then you do not need to provide additional information.

My wife and I satisfy all of these requirements, but I'm hoping for clarification on the last one. We have not been legally married for the required two years (close to 1.5 years), but we have been common law for much longer than that.

In fact, in 2015, I had an affidavit to sworn out at the Canadian Embassy (for an unrelated government process) which attested to our common law status of three years at that time.

My question is whether our combined time together -- common law and legally married -- would satisfy the requirement of a minimum of two years of marriage as of the date of application?

I'm guessing that not having to satisfy the additional document check might mean that the application won't take as long to process.

Many thanks for any clarification or advice.

 

[ashpash22]

No. You have to check no to "have you and your sponsor been married a minimum of two years?" and therefore will need to fill out the section in part E. If you've been common-law for awhile before marriage this should make it quite easy. I don't think it's fair to say that it will take longer just because you have to fill out this section, if you supply them with good evidence it can be just as quick as they will just as easily see that your relationship is genuine.

 

[duddykravitz]

Thanks very much for your response. I had a feeling this might be the case. Noted about processing times. I'm hoping for as quick a turnaround as possible as I want to minimize time apart from our four year old (and my wife - though he doesn't clearly grasp situation).

We'll apply for TRV but I've heard this can be difficult to obtain as my wife is a homemaker with minimal assets.

No. You have to check no to "have you and your sponsor been married a minimum of two years?" and therefore will need to fill out the section in part E. If you've been common-law for awhile before marriage this should make it quite easy. I don't think it's fair to say that it will take longer just because you have to fill out this section, if you supply them with good evidence it can be just as quick as they will just as easily see that your relationship is genuine.

 

[ashpash22]

Thanks very much for your response. I had a feeling this might be the case. Noted about processing times. I'm hoping for as quick a turnaround as possible as I want to minimize time apart from our four year old (and my wife - though he doesn't clearly grasp situation).

We'll apply for TRV but I've heard this can be difficult to obtain as my wife is a homemaker with minimal assets.

America is a exempt country so she won't need to get a TRV. Have a look at this post about some similar situations and visitor visas for Americans.
https://www.canadavisa.com/canada-i...fe-from-the-us-to-canada.157014/#post-2436879

 

[duddykravitz]

Thanks, sorry, I wasn't clear - my wife is not American, nor from a visa-exempt country.

America is a exempt country so she won't need to get a TRV. Have a look at this post about some similar situations and visitor visas for Americans.
https://www.canadavisa.com/canada-i...fe-from-the-us-to-canada.157014/#post-2436879

 

[ashpash22]

Thanks, sorry, I wasn't clear - my wife is not American, nor from a visa-exempt country.

Oh my mistake, got confused with another posting I think. Sorry!

 

[red.kaede]

Hi Duddykravitz,

I don't mean to hijack your thread, but since you have recently accepted a job in Canada, are you planning to move with your spouse to Canada and do the PR application from within Canada, or beforehand? I think we will be in the same boat...

Thanks!

 

[Miraclejj]

Are you a Canadian Citizen or a PR? If you are not a native born Canadian, when did you get your PR?

 

[duddykravitz]

Hi Red,

I'm going to do it from Canada. I've heard this is the most straightforward route, though I'm, of course, anxious as the length of separation will depend on factors out of our control (such as the TRV).

Anyway, good luck to you!

Hi Duddykravitz,

I don't mean to hijack your thread, but since you have recently accepted a job in Canada, are you planning to move with your spouse to Canada and do the PR application from within Canada, or beforehand? I think we will be in the same boat...

Thanks!

 

[duddykravitz]

I'm a Canadian citizen.

Are you a Canadian Citizen or a PR? If you are not a native born Canadian, when did you get your PR?

 

[red.kaede]

Hi Red,

I'm going to do it from Canada. I've heard this is the most straightforward route, though I'm, of course, anxious as the length of separation will depend on factors out of our control (such as the TRV).

Anyway, good luck to you!

I think that’s what we also do. I’m also Canadian born. Good luck to you too.