Common law application. Help please...

[ama25]

Hi Everyone...

I have so many questions but Im gonna try to explain my situation the best way I can..

Over two years ago I met a guy from Mexico here in Vancouver, our relationship developed very fast, just some months after we met we became pregnant and we moved in together in my parents 's house..

we have been living together now for two years and our little baby girl is 9 months old, we share everything, we ve been to trips together, activities in the comunity etc, my whole family is aware of our relationship and they love him, we have a lot pictures of all our trips, outings, places we ve been together with friends, also pictures with family members and close friends at different events etc.. he is the beneficiary of my life insurance policy which is over 100,000 dollars, we had a joint bank account but when his visa expired he was removed from it and we don't have a lease because we live with my parents and we dont pay rent here. our car is under both names, actually we just got engaged three weeks ago, I never met his family in person because they live in Mexico and they can't come to Canada, since they need a visa and it s also too expensive for them, but I have talked to his mother, brother, sisters and his brother's wife on facebook, actually I speak with his brother's wife very often on facebook and I have all the conversations documented in my PC.

My question is if we apply as a common law do we have enough evidences to prove our relationship? I mean since we dont have a joint bank account nor a lease.
Please I need help, our relationship is real, genuine, we love eachother, we have a daughter together. Our daughter needs us and we need eachother.

What can we say when we apply? How can we explain why we do not have a joint bank account or a lease? How can we explain why he overstayed here after the visa expired?I mean, other than that, I think we have everything else, but since we don't have those joint bank account, a lease and he overstayed here Im scared that for those reasons our application is refused...

I need help please.. thank you in advance.

 

[sariss]

Is he living in Canada legally? You mentioned his visa expired?

 

[Melisaa]

Hi Everyone...

I have so many questions but Im gonna try to explain my situation the best way I can..

Over two years ago I met a guy from Mexico here in Vancouver, our relationship developed very fast, just some months after we met we became pregnant and we moved in together in my parents 's house..

we have been living together now for two years and our little baby girl is 9 months old, we share everything, we ve been to trips together, activities in the comunity etc, my whole family is aware of our relationship and they love him, we have a lot pictures of all our trips, outings, places we ve been together with friends, also pictures with family members and close friends at different events etc.. he is the beneficiary of my life insurance policy which is over 100,000 dollars, we had a joint bank account but when his visa expired he was removed from it and we don't have a lease because we live with my parents and we dont pay rent here. our car is under both names, actually we just got engaged three weeks ago, I never met his family in person because they live in Mexico and they can't come to Canada, since they need a visa and it s also too expensive for them, but I have talked to his mother, brother, sisters and his brother's wife on facebook, actually I speak with his brother's wife very often on facebook and I have all the conversations documented in my PC.

My question is if we apply as a common law do we have enough evidences to prove our relationship? I mean since we dont have a joint bank account nor a lease.
Please I need help, our relationship is real, genuine, we love eachother, we have a daughter together. Our daughter needs us and we need eachother.

What can we say when we apply? How can we explain why we do not have a joint bank account or a lease? How can we explain why he overstayed here after the visa expired?I mean, other than that, I think we have everything else, but since we don't have those joint bank account, a lease and he overstayed here Im scared that for those reasons our application is refused...

I need help please.. thank you in advance.

Well, if he's staying illegaly in Canada, that raises a red flag. As of your question about proof of relationship, you mentioned you are engaged, in that case it means you are getting married, so you can sponsor him as a spouse. You are qualified for common law relationship since you have lived for a period of 12 months, and more. You dont have to have a lease or joint bank account together. As long as you can prove an ongoing and genuine relationship ( emotionally and financially ) you should be fine. But my advice is to apply after marriage, if you are planning to..

 

[ama25]

Than you for your answer.

Yes, we are planing on getting married I just don't know what to do. He did not overstay because he planned it that way, he overstayed because I got really sick and I was pregnant, I did not have much help and all the money we had we had to spend it because I lost my job and did not qualify for EI I mean we had a rough time. Now Im back on my feet, I have a job, I mean.. I just want everything to work out fine..

A last question. He works like 14 hours a week at a restaurant, I do not to lie when We apply, should we say that? if so how to explain it? will that be a problem?

 

[MadeInCanada]

If you still have copies of bank statements that show it was a joint account and the duration of that, send them in. Write an explanation of why he is no longer on the account. As for the lease, it's not a big deal either, as you are living with family, just ask them to write a letter on your behalf. In the letter they can indicate the time you lived together, that you do not pay rent. Also, if they are willing to allow you to continue living there until you and your partner get "on your feet" financially they can say that as well.

It is also a great way to prove your relationship is known and accepted by family. I would suggest (and I think for common-law it is required) to get a few mutual friends and other family members from both sides to write letters.

It sounds like you have plenty of proof, the only issue at hand it his current status in Canada.

I read somewhere here that you have 90 days to reinstate his status after it has expired. If you are still with in that time limit I suggest you get on it ASAP. With regards to that I think you may want to add an additional explanation in your application. Tell them you know it was wrong to over stay, and you take full responsibility. I do not know what reasons you have but I would think it was fear of being separated and having the baby ect.

I do not think you have to wait to apply until you are married, as you do meet the requirements for common-law.

Just my opinion (and some experience), I hope it helps.

Take Care
MadeInCanada

 

[MadeInCanada]

Than you for your answer.

Yes, we are planing on getting married I just don't know what to do. He did not overstay because he planned it that way, he overstayed because I got really sick and I was pregnant, I did not have much help and all the money we had we had to spend it because I lost my job and did not qualify for EI I mean we had a rough time. Now Im back on my feet, I have a job, I mean.. I just want everything to work out fine..

A last question. He works like 14 hours a week at a restaurant, I do not to lie when We apply, should we say that? if so how to explain it? will that be a problem?

He is not legally staying in Canada, on top of that working.... I am not sure what to suggest. I think others will reply.

Take Care
MadeInCanada

 

[ama25]

Thank you alot MadeInCanada..

The reason why he overstayed was because when I was 5 months pregnant I broke my ankle and didn't have enough hour for ML or EI, we had some money saved up and we had to spend it after that things got worse with my health, I had a hard pregnancy I mean..I was sick and didn't have much soppurt or help, he was the only one and I needed him more than never.
Then our baby was born and I had to go get a surgery, I mean was really hard and being sick, pregnant and alone is hard really hard. I needed him to be there for me, for our daughter. That s the only reason why he overstayed and its been like 5 months since he overstayed so he can not get his status reinstated..

 

[Sweden]

You can apply now as common-law as you qualify, but he should leave the country.

If you had applied while he was still legally in Canada, you could have applied inland and it would have given him a status but that's not an option anymore.

I understand why he overstayed - there is no judgement from my side - I'm just stating what would be the best way to go ahead.

prepare the application together, and have everything ready. Then he should leave. THen you apply. It will take a while for him to go back, and I understand that it's not an ideal situation, but if he gets deported, he will be given a ban to Canada (1 year, 2 years etc) which won't make things easier... if he lives before he is found out, he won't have a deportation order, so it's a better situation.

You have enough proofs that you have a genuine relationship. If you don't want to be apart, and you're a Canadian citizen, you could move with him to Mexico. If that's not an option for you, then you will have to be apart. It's hard, I don't deny it, but it will make your application easier as he would voluntarily leave the country and not be deported.

About working illegally: he should stop - it puts him even in more "illegal position" if possible.

Good luck,
Sweden

 

[LeisaP]

hey!, have you spoke to an immigration consultant.
We are from Vancouver too, applied common law and used a very helpful and reasonable priced immigration consultant, who gave us all our options for free before we ever chose if we wanted to use her services or not.
I can pass you her info, if you want to call her and explain your situation, she should be able to help you.

shes dealt with quite a few people from mexico, including my husband, and many failed refugees and people who have overstayed and worked illegally.

if you want her info let me know.

 

[herewecome]

Just as an FYI, your reason for him overstaying due to having no other support while living with your parents, could appear contradictory to a VO.

 

[sariss]

I would suggest a lawyer. He overstayed and is illegally working?

 

[ama25]

herewecome

I would recomend you not to judge people. Who do you think you are?

My statement is not contradictory, my father passed away, just two weeks later my mom got sick and went into a depression, I was pregnant at the time and most of my close friends were in Alberta working. I only have a sister and she has 3 kids, a husband, her own problems, so she tried but she could not be there for me all the time.

If you don't call that lack of support then tell me what is it?

Do not judge because that happened to me but that can happen to anybody including you..

 

[ama25]

LeisaP

I have not spoken to an inmigration lawyer, if you don't mind give me his or her number or email and I will contact her/him.. Thank you very much..

 

[scylla]

herewecome

I would recomend you not to judge people. Who do you think you are?

I think you took herewecome's comment completely the wrong way.

Herewecome was just pointing out a contradiction he/she saw - not judging you. It's helpful for you when people here point out contradictions (or possible "red flags" as we call them) since if someone here sees the contradiction, it's quite possible the visa officer assessing your file will see the same contradiction as well. Being aware of these things will give you the opportunity to properly explain them in the application package before you send it in - and will increase your chances of fast/smooth application processing.

Without your explanation, herewecome is right - this does look like a big contradiction. With your explanation - the situation makes much more sense. So again, be thankful when people here point out these red flags - because it helps you to understand what information to include in your application. They aren't judging you - they are simply telling you how a situation might be percieved by a visa officer. Hearing the honest truth can only help you to put together a stronger application. Far better to have the red flags pointed out now - than in an interivew with the visa officer when you're caught off guard. Pointing out these types of thing is how we help each other here. Hope this makes sense.

 

[ama25]

Scilla Thank you for your response.

I understand your point and I appreciate when people correct you or try to help you in any ways, but also I ve seen some people here judging others and even acting like they don't make any mistakes etc. Maybe you re right, I probably took his comment the wrong way and I apologize for that..