Common Law Application possible?

[Efy]

Hello im glad i found this forum cause i got some question about my common law application.
Here are the details. Im from Germany and i know my boyfriend since nearly 10 years online (first he was only a "gaming partner") and finally took the chance to met him in october 2012.
After three weeks together with him i had to fly back home and decided i do 1 year work and travel in canada (quebec) to live with him. I came back to canada on the 1st may 2013. And now my flight back to germany is on the 22. April.

My question is can i already apply for a common law visa or do i have to wait till 1st may 2014 to start the process? And will this year count even when its not completly 365 days together (i had a 3 week vacation in germany during the work and travel time).
I will do the outland application since i plan to stay a few months in germany and work there.

Thx for any help in advance.

 

[Rob_TO]

Hello im glad i found this forum cause i got some question about my common law application.
Here are the details. Im from Germany and i know my boyfriend since nearly 10 years online (first he was only a "gaming partner") and finally took the chance to met him in october 2012.
After three weeks together with him i had to fly back home and decided i do 1 year work and travel in canada (quebec) to live with him. I came back to canada on the 1st may 2013. And now my flight back to germany is on the 22. April.

My question is can i already apply for a common law visa or do i have to wait till 1st may 2014 to start the process? And will this year count even when its not completly 365 days together (i had a 3 week vacation in germany during the work and travel time).
I will do the outland application since i plan to stay a few months in germany and work there.

Thx for any help in advance.

A 3 week vacation sometime in the middle of 12 months should not affect common-law qualifying.

However if you started day 1 of qualifying on May 1, 2013, and you are leaving Canada on April 22, 2014... then you will NOT qualify for common-law since you will not have lived together for 12 consecutive months. You must meet 365 days, and not even 1 day less. The first and last day are very important.

I advise that your partner returns to Germany with you and stays until May 1.

You will need to wait until May 1 to submit any application, as only on May 1, 2014 will you officially be common-law. You can't send in any app before then.

 

[Ponga]

Hi,

You have to wait until you have lived together for one year, so...May 2014, but you'll need to be able to prove that. Do you have a joint lease/mortgage, joint bank account, joint cell phone account? Do you have anything that shows that you both live at the same address??


Also, be aware that since you will not have 2 years of Common-Law cohabitation, if you are granted PR it will be conditional (search this forum for `condition 51' or `conditional' for more information).

Good luck!

 

[Efy]

Thx for the replies, so it really gonna work if my friend stays like 2 weeks with me in germany?

As proof we got a joint cell phone contract, pictures, all my mail goes to his address.

 

[Ponga]

Thx for the replies, so it really gonna work if my friend stays like 2 weeks with me in germany?

As proof we got a joint cell phone contract, pictures, all my mail goes to his address.

There are no guarantees that this (or anything) will work, but you must show proof that you have lived together for 12 consecutive months. As Rob_TO pointed out, it can be split up between Canada and elsewhere, but you have to convince CIC that you have meet this fundamental requirement.

Pictures, will do nothing to prove the cohabitation, but can certainly help with proving the relationship.

 

[canadianwoman]

Thx for the replies, so it really gonna work if my friend stays like 2 weeks with me in germany?

As proof we got a joint cell phone contract, pictures, all my mail goes to his address.

Your friend will have to stay with you for a while in Germany, or you will have to delay your return to Germany, which you probably can't do because of the airfare. But as noted above, you must have lived together a full year, so starting on May 1st means you have to stay with him at least until April 30. April 22nd won't be good enough.

The proof of the one year of cohabitation has to cover the whole year. A lease in both names for 12 months would be ideal. If you don't have that, get a letter or affidavit from the landlord or any roommates or neighbours stating that they know you and he were living together for a year.
Your mail going to his address is good evidence, as long as it has your name and his address. This will have to cover the full year as well. If it does not, then have him stay with you in Germany until you have a full year proved. For example, if the first letter addressed to you at his address is dated June 2nd, have him stay with you until June 2nd at least.

 

[Graihn]

There are no guarantees that this (or anything) will work, but you must show proof that you have lived together for 12 consecutive months. As Rob_TO pointed out, it can be split up between Canada and elsewhere, but you have to convince CIC that you have meet this fundamental requirement.

Pictures, will do nothing to prove the cohabitation, but can certainly help with proving the relationship.

I was here for 11 months first (silly me didnt know the time frame for CL) and second time from Dec 27 2012 until now. Even though I could have applied on December 27th 2013, I decided to wait until I got my phone bill on January 15th 2014, as my first piece of mail (pay stub) after I returned arrived January 14th 2013. I mean, you don't register an address at customs when you arrive which gives you proof of address.

Just to be safe.

 

[Ponga]

I was here for 11 months first (silly me didnt know the time frame for CL) and second time from Dec 27 2012 until now. Even though I could have applied on December 27th 2013, I decided to wait until I got my phone bill on January 15th 2014, as my first piece of mail (pay stub) after I returned arrived January 14th 2013. I mean, you don't register an address at customs when you arrive which gives you proof of address.

Just to be safe.

True, but...if you only have one piece of mail that shows that you were living at xyz address, on Jan 15, 2014...what `proof' do you have that you were there on December 27, 2012...or March 4, 2013...or August 19, 2013??

Have you considered asking your landlord ( provided that you are renting) to write you a letter, verifying that you have been there since December 27, 2012 (which would need to be notarized)? This seems to be one of the hardest parts of proving a Common-law relationship: cohabitation.

 

[Efy]

We live in a rented apartment, but its my boyfriend who rented it.
The owner know that i live here though.
Also all his friends and family know i lived here the whole time.
So many things i wish i would have known earlier before i came here, i just took it to easy.

Would marrying be an alternative to make the process any easier?

I really appreciate all the help

 

[Ponga]

We live in a rented apartment, but its my boyfriend who rented it.
The owner know that i live here though.
Also all his friends and family know i lived here the whole time.
So many things i wish i would have known earlier before i came here, i just took it to easy.

Would marrying be an alternative to make the process any easier?

I really appreciate all the help

Marrying would make your PR process easier, but...would it make your lives easier??? This is only one piece of your puzzle to work with while on this earth.

Marriage would eliminate the need to prove that you'd been living together, but that cohabitation would still be helpful in proving that your marriage is genuine and based upon a real relationship.

Having his landlord write a letter (notarized) along with his family (first choice, friends second) can help prove this for you. You should have at least one letter from his family notarized as well, along with his landlord).

 

[Graihn]

True, but...if you only have one piece of mail that shows that you were living at xyz address, on Jan 15, 2014...what `proof' do you have that you were there on December 27, 2012...or March 4, 2013...or August 19, 2013??

Have you considered asking your landlord ( provided that you are renting) to write you a letter, verifying that you have been there since December 27, 2012 (which would need to be notarized)? This seems to be one of the hardest parts of proving a Common-law relationship: cohabitation.

Sorry I was unclear. I also included paystubs and phone bills from September 2011-August 2012, and from January 2013 I included phone bill , pay stubs, and some credit card statements from each month until January 2014. I just made a point that I waited till I had a starting point in a piece of mail, instead of just hoping they would believe I lived there from dec 27th based on my flight itinerary .

 

[Ponga]

Sorry I was unclear. I also included paystubs and phone bills from September 2011-August 2012, and from January 2013 I included phone bill , pay stubs, and some credit card statements from each month until January 2014. I just made a point that I waited till I had a starting point in a piece of mail, instead of just hoping they would believe I lived there from dec 27th based on my flight itinerary .

Sorry, but I'm a bit confused (which happens at least 3x's a day...ok, maybe 4...OK, OK...5).

Do your prior pay stubs and credit card statements also show your Canadian address? If so, you should be golden! Or, are you saying that you have them, but they had another address??

 

[Graihn]

Sorry, but I'm a bit confused (which happens at least 3x's a day...ok, maybe 4...OK, OK...5).

Do your prior pay stubs and credit card statements also show your Canadian address? If so, you should be golden! Or, are you saying that you have them, but they had another address??

Same address, I moved str8 from Sweden to my partner in Canada. Has never had another address. I am hoping that they will understand we have lived together since September 2011- now, and that 4 month break from August - December 2012 is backed up by emails, and around 2-3 calls a day via Skype to either cell phone or Skype to Skype , plus chats.