Applied as common law, but now getting married

[MaryLou6]

Hi all!

We applied as common-law, however we will get married in January 2016 - just a tiny ceremony with my fiancé's grandparents as witnesses, and then in April 2016 we will have a destination wedding (symbolic ceremony) down south.

When should I let CIC know, we are married?

Right after the little ceremony (we call it 'pre-wedding' although it's the actual signing papers one, but we want to make it casual so the 'real' ceremony in the Caribbean's feels like a wedding - full family, friends, white dress)?

My assumption is send them our marriage certificate once we get it, and along with it letter of explanation, example of an invitation for the wedding in the Caribbean's with cards where we are registered.

What do you think, members?

 

[Mapleson]

Let CIC know when you are LEGALLY married, which is your "pre-wedding".

When do you expect your PR to be completed? You may want to delay the "pre-wedding" until April as well, as technically the CIC does not like people transferring between application types (married, common law, conjugal).

 

[MaryLou6]

Let CIC know when you are LEGALLY married, which is your "pre-wedding".

When do you expect your PR to be completed? You may want to delay the "pre-wedding" until April as well, as technically the CIC does not like people transferring between application types (married, common law, conjugal).

Thank you for you reply, +1!

By saying "they don't like" do you mean it might delay our application?

 

[Majromax]

By saying "they don't like" do you mean it might delay our application?

Common-law partnerships and spouses have different rules for assessing eligibility. Your statutory declaration of a common-law union, for example, won't be applicable to your file as a married couple. If CIC has already completed some of the work on your file under common-law rules, then some of that work might have to be redone as a spouse.

On the other hand, you appear to be applying inland. There's no guarantee that CIC will even have opened your file to assess eligibility by the time you are married, and they can't repeat work they haven't done. Delaying the legal status until April will likely still have the change happen over the duration of your application, so it won't save anything there.

On the balance, you have your open work permit already. Unless another user sees a potential roadblock that I do not, I do not feel that you should feel obligated to put your life on hold for CIC's convenience.

 

[MaryLou6]

Common-law partnerships and spouses have different rules for assessing eligibility. Your statutory declaration of a common-law union, for example, won't be applicable to your file as a married couple. If CIC has already completed some of the work on your file under common-law rules, then some of that work might have to be redone as a spouse.

On the other hand, you appear to be applying inland. There's no guarantee that CIC will even have opened your file to assess eligibility by the time you are married, and they can't repeat work they haven't done. Delaying the legal status until April will likely still have the change happen over the duration of your application, so it won't save anything there.

On the balance, you have your open work permit already. Unless another user sees a potential roadblock that I do not, I do not feel that you should feel obligated to put your life on hold for CIC's convenience.

Thanks Majromax, +1!

I am applying inland. In my partner's ecas it says, his sponsorship is in process.

 

[canuck_in_uk]

My assumption is send them our marriage certificate once we get it, and along with it letter of explanation, example of an invitation for the wedding in the Caribbean's with cards where we are registered.

Just send them a copy of the marriage certificate. There will be no issue with CIC. You are not the first person to get married in the middle of the process.

 

[Rob_TO]

Agreed there is no issue. As long as you qualified as common-law at the time of your application, CIC should be able to change your status quite easily. In fact it may even allow the VO to process the app a bit quicker, since after changing to married there would be no need to prove the 12 months cohabitation. There is a section on exactly this in the manuals, which states you are required to inform them after getting married:

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.51. Switching categories between spouses, common-law partners and conjugal partners

However, applicants are also obliged to inform the Department if aspects of their life change prior
to the finalization of their case, including their marital/conjugal status. If their conjugal relationship
changes (for example, if applicants are in a conjugal-partner relationship with a sponsor and the
applicant and sponsor marry), then officers should make adjustments to the application (i.e.,
coding) and should proceed with processing in terms of the new conjugal relationship.