Hi, My partner and I are applying for PR , express entry under one application (him as my common law). We have been together for 5+years, and lived together for 4, but only have official joint lease for 2 (with a three month gap between due to work).
We have updated our CRA last month as common law, I am still really confused as to what the 'effective' date is supposed to be. Is it just the day we both considered ourselves common law, while meeting the one year mark? Technically we are eligible for common law since a long time ago but we weren't really thinking about it.
does it matter when we get our Statutory Declaration of common law union done? We have an appointment tomorrow to get it notarized.
In the lines" I have been living together for X continuous years from X to X. " What are we supposed to put in there?
And to declare ourselves as common law, is that an automatic thing? Or is there a form that must be filled up to be considered officially common law?
Thanks for your help!
It is very simple
1 year living together is the minimun,
just as reference, marriage or commun law
you should meet the following:
5.26. Assessment of conjugal relationships
a) Mutual commitment to a shared life to the exclusion of all other conjugal relationships
b) Interdependent – physically, emotionally, financially, socially
Factor |
Details |
Financial aspects of the relationship |
Joint loan agreements for real estate, cars, major household appliances;
Joint ownership of property, other durable goods;
Operation of joint bank accounts, joint credit cards evidence that any such accounts have existed for a reasonable period of time;
The extent of any pooling of financial resources, especially in relation to major financial commitments;
Whether one party owes any legal obligation in respect of the other. |
Social aspects of the relationship |
Evidence that the relationship has been declared to government bodies and commercial or public institutions or authorities and acceptance of such declarations by any such bodies;
Joint membership in organisations or groups, joint participation in sporting, cultural, social or other activities;
Joint travel;
Shared values with respect to how a household should be managed;
Shared responsibility for children; shared values with respect to child-rearing; willingness to care for the partner’s children;
Testimonials by parents, family members, relatives or friends and other interested parties about the nature of the relationship and whether the couple present themselves to others as partners. Statements in the form of statutory declarations are preferred. |
Physical and emotional aspects of the relationship -the degree of commitment as evidenced by: |
Knowledge of each other’s personal circumstances, background and family situation;
Shared values and interests;
Expressed intention that the relationship will be long term;
The extent to which the parties have combined their affairs, for example, are they beneficiaries of one another’s insurance plans, pensions, etc.?
Joint decision-making with consequences for one partner affecting the other;
Support for each other when ill and on special occasions letters, cards, gifts, time off work to care for other;
The terms of the parties’ wills made out in each other’s favour provide some evidence of an intention that the relationship is long term and permanent;
Time spent together;
Time spent with one another’s families;
Regular and continuous communication when apart. |
Examples of supporting documents:
Family memberships, medical plans, documentation from institutions that provides recognition as a couple;
Marriage certificate (not just a solemnization record), wedding invitations, commitment ceremony (certificate, invitations), domestic partnership certificate; if apply
joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan, property title, joint bank statements; money transfers.
documents showing travel together, long distance phone bills; other proof of continuous communication (emails, internet chat site printouts, letters).
insurance policies (documents naming the partner as a beneficiary), wills, powers of attorney;
significant photographs;
statements of support from families, bank manager, employers, financial professionals, religious leaders, community leaders, professors, teachers or medical professionals.
5.27. Marriage in Canada
The federal and provincial governments share constitutional power with respect to marriage (and divorce). The federal government has broad legislative responsibility for divorce and for aspects of capacity to marry or who can legally marry whom. The provinces are responsible for laws about the solemnization of marriage.
5.47. Assessment of conjugal partner relationships
Factor |
Details |
Length of time relationship has existed |
Because a conjugal relationship means interdependency, mutual commitment and exclusivity, such a relationship is not established immediately when two people meet or when they start to date or even necessarily when they begin a sexual relationship. A conjugal relationship builds over a period of time. Officers must assess the facts of each case individually; however, in general terms, most conjugal partners will likely have known one another for more than one year |
Amount of time spent together |
How many times and for how long at a stretch have the two been together? Evidence may take the form of airline tickets, receipts from vacations, visas, passports, leave forms from work etc. |
Reasons why couple has been unable to cohabit continuously for one year |
The applicant should be able to explain why they have not been able to cohabit continuously for one year. For example, there may be legal impediments to a common country of residence. The partners might not have been able to obtain long-stay visas or immigrant visas for one another’s countries. If they could have lived together, but chose not to, then it is reasonable for the officer to question whether the relationship is a conjugal relationship. |
Evidence showing how the long- distance relationship has been maintained |
The volume, regularity and style of the communication between partners should be considered, e.g., long distance calls and other communication, e-mails, letters, recognition of each other’s significant events, family functions, etc. |
Evidence of efforts to live in the same country |
Airline tickets, visas, work permits, study permits, visa denials, denials of recognition of credentials. |
