Common law - HELP

[nelsondowntown]

Hi everyone.
I have lived with my girlfriend for the past 2 years (last place on her name, current one in my name with her name in it as well). We dont have joint bank account but we do have historic of transfer from me to her for rent payment. joint cell phone account in her name. Photos and more photos on facebook.
my question is.. Do I really need an immigration lawyer or is it safe to fill the forms myself. Does a ICCRC member has any actual weight on the court decision?
(they all charge a ridiculous amount of money)

thank you for your time

 

[Ponga]

Hi,

Well...only you can determine whether or not you need a lawyer. The forms and the process can be overwhelming, but many of us chose to do it on our own (with the help of these wonderful forums).

I'm not sure what you mean about the `court decision'. If you are applying from inside Canada (an Inland sponsorship application) you have no right to an appeal if CIC denies your application. CIC is Citizenship and Immigration Canada...not the court.

Even though you and your partner have had leases/rental agreements in each name only, you should consider having the landlords of each place write letters stating that you were both living there together. This may not be as good as a lease, but it can only help. These letters should be notarized.

You have to prove that:
You have lived together for at least 12 consecutive months. Historic transfer of funds from your account to hers doesn't do much for you. Why don't you just have her add you to her existing account? I did it with Scotia Bank and it was a breeze.

and

That your relationship is true and genuine. You'll need pictures, emails, txt messages, letters from friends and family, etc.

Good luck!

 

[nelsondowntown]

Hi,

Well...only you can determine whether or not you need a lawyer. The forms and the process can be overwhelming, but many of us chose to do it on our own (with the help of these wonderful forums).

I'm not sure what you mean about the `court decision'. If you are applying from inside Canada (an Inland sponsorship application) you have no right to an appeal if CIC denies your application. CIC is Citizenship and Immigration Canada...not the court.

Even though you and your partner have had leases/rental agreements in each name only, you should consider having the landlords of each place write letters stating that you were both living there together. This may not be as good as a lease, but it can only help. These letters should be notarized.

You have to prove that:
You have lived together for at least 12 consecutive months. Historic transfer of funds from your account to hers doesn't do much for you. Why don't you just have her add you to her existing account? I did it with Scotia Bank and it was a breeze.

and

That your relationship is true and genuine. You'll need pictures, emails, txt messages, letters from friends and family, etc.

Good luck!

Thanks for the help.
The current place has both names in it, the last one only hers.
Can photos be from facebook or from our phone? is there a way to prove when it was taken? We have tons of photos
i have letters from family and friends, all in portuguese and quick mentions to my girlfriend (not quite sure how it would help)
we have tons of text message, average 30 to 50 texts a day (except days off together).

I'm pretty comfortable filling the forms out myself and gathering documentation needed. Just want to know if these ICCRC members or any immigration lawyer has any weight in the decision.

thanks again!


oh.. another thing. She is 24, worked in a major department store for the past 4 years but quit now and got back to university. So she isn't working right now. Can she is still be accepted as my sponsor? she has a good amount of money that her dad gave for university costs and living, nothing crazy, just the bare minimum.

 

[Ponga]

Glad to help.

You'll get more visibility if you start a thread in the Family Sponsorship forum here.

The short answer to your question is...yes. There are no income requirements for her to sponsor you. She just has to explain how she will support the two of you while you await your PR.

Good luck!

Oh...this is very important...
CIC updates some of the forms periodically and you have to make sure that you submit the current versions. I suggest printing them out ASAP and fill them in by hand (or on your computer, if that's easier) but double check the dates BEFORE you actually print them out and mail your application! People have had their entire package returned because of an outdated form.

 

[Rob_TO]

With 2 years of living together, you shouldn't need a lawyer at all. Lawyers should only be used where there are serious concerns about the application such as criminality issues. Entire application package can be downloaded and filled in by yourself and your partner.

Joint lease agreement and landlord testimonial is the best possible proof to include to show common-law. Other proofs you can also include besides relationship photos, are supplementary credit card in partner's name, life insurance with each other listed as beneficiary, and one partner adding the other to work benefits (if possible).

Also for whoever is filing Canadian taxes, in the month you became common-law (so after initial 12 months of living together) tax law states that you must notify the CRA to change status from single to common-law, and also file taxes through CRA as common-law for that tax year. So if 2013 will be the first year filing as common-law, make sure to include something that shows this. Especially if sponsor's CRA Option C printout is from a previous year that still shows single.

Can photos be from facebook or from our phone? is there a way to prove when it was taken? We have tons of photos

Photos can be from anywhere. I would just arrange them on a spreadsheet, write captions under each one saying when/where taken and who's in the photo. Get pics from different stages of the relationship, and showing both of you meeting each others family/friends. You shouldn't need more than 30-40 photos total, but it's up to you.

i have letters from family and friends, all in portuguese and quick mentions to my girlfriend (not quite sure how it would help)

You will need at least 2 statutory (so certified/notarized) letters from family and friends, specifically explaining how they know you, that you are a genuine couple, and have lived together at least 1 year. These will need to be translated to english.

Any other letters you decide to submit beyond the 2 required, also need to be in english.

we have tons of text message, average 30 to 50 texts a day (except days off together).

Since you have been living together 2 years, proof of communication is not so important as you see/talk to each other everyday (in our common-law app we didn't include ANY emails, texts, phone records etc). But you can always include if you like... it won't hurt.

Just want to know if these ICCRC members or any immigration lawyer has any weight in the decision.

No, absolutely no weight. And if you happen to get a bad lawyer (of which there are many), they can actually do more harm than good.

oh.. another thing. She is 24, worked in a major department store for the past 4 years but quit now and got back to university. So she isn't working right now. Can she is still be accepted as my sponsor? she has a good amount of money that her dad gave for university costs and living, nothing crazy, just the bare minimum.

There is no minimum income for family sponsorship here. She just needs to show a basic plan that you will be able to support yourselves without going in welfare. If her parents will help assist financially, then they can also write a simply letter of support stating this.

 

[nelsondowntown]

wow...

Thanks a lot guys! Im a member of many forums in many different areas.. never seen such a proactive group as this one here.

Thank you all again!

 

[nelsondowntown]

one more question actually..


I am waiting my documents from Brazil (criminal record and other documents) they take forever because, well, because it's Brazil. If there's any Brazilian here they know what I'm talking about. Anyway.. If my visa expired, and therefore I become illegal, before I receive this documents can I still submit my application? is there any changes that I should be aware of?

I heard that there's not much to worry (except being caught in the time between visa expiring and submitting, since you get implied status once they receive the application), but I'm in this forum for just over 2 hours and already trust more the people here than all the other sources i got information from. lol

once again, thanks and sorry for so many questions.

 

[Ponga]

one more question actually..


I am waiting my documents from Brazil (criminal record and other documents) they take forever because, well, because it's Brazil. If there's any Brazilian here they know what I'm talking about. Anyway.. If my visa expired, and therefore I become illegal, before I receive this documents can I still submit my application? is there any changes that I should be aware of?

I heard that there's not much to worry (except being caught in the time between visa expiring and submitting, since you get implied status once they receive the application), but I'm in this forum for just over 2 hours and already trust more the people here than all the other sources i got information from. lol

once again, thanks and sorry for so many questions.

You do not get implied status from simply submitting a spousal sponsorship application. To have implied status, you must submit an extension of your current status BEFORE that status expires.

 

[Ponga]

one more question actually..


I am waiting my documents from Brazil (criminal record and other documents) they take forever because, well, because it's Brazil. If there's any Brazilian here they know what I'm talking about. Anyway.. If my visa expired, and therefore I become illegal, before I receive this documents can I still submit my application? is there any changes that I should be aware of?

I'm not sure that I understand your question here. Are you under the impression that documents from Brazil can extend your current visa?

If your status expires, you can apply to restore it within 90 days (but there's no guarantee that it will be approved). You can still apply for Inland sponsorship, even without legal status, but there are no guarantees that you would not be removed from Canada.

It's a cruel `twist', but CIC allows you to apply, without status, but CBSA doesn't much care if you have an Inland application submitted if you're out of status...or so it appears.

Having said that, there have been people here that have been allowed to remain. No idea how they pick and choose who gets lucky.

 

[nelsondowntown]

I'm not sure that I understand your question here. Are you under the impression that documents from Brazil can extend your current visa?

If your status expires, you can apply to restore it within 90 days (but there's no guarantee that it will be approved). You can still apply for Inland sponsorship, even without legal status, but there are no guarantees that you would not be removed from Canada.

It's a cruel `twist', but CIC allows you to apply, without status, but CBSA doesn't much care if you have an Inland application submitted if you're out of status...or so it appears.

Having said that, there have been people here that have been allowed to remain. No idea how they pick and choose who gets lucky.

My question was if anything changes in my application if when i receive these documents (that i need to apply) i am without a status.



really? i dont get implied status once i have submitted my application? oh man.. i heard that from a lawyer, can you believe it?
now I'm scared.

what would be your suggestion in that case? apply anyway and hope for the best or try something different?
thanks one more time.

 

[Ponga]

Your lawyer seems to be mistaken; you do not get implied status simply by submitting a spousal sponsorship application alone.
Perhaps s/he isn't aware that the CBSA Administrative Deferral of Removal (that seemed to protect those with an Inland application submitted) ended in Nov 2011.
That could be why you were told that you shouldn't worry.


What is your status today?

When does it expire?

How far along are you in gathering everything you'll need (aside from the documents from Brazil) to get your application in the mail?
[note: you can send your police check later, so don't wait for that to send your application, if you decide to file an Inland application]


The best advice that anyone can give you is to do your best to maintain your status if at all possible...at least until you have sponsor approval (AIP) which currently takes ~8-9 months AFTER CIC receives your application packet (both the sponsor and applicant forms and documents- together).

 

[canuck_in_uk]

really? i dont get implied status once i have submitted my application? oh man.. i heard that from a lawyer, can you believe it?
now I'm scared.

what would be your suggestion in that case? apply anyway and hope for the best or try something different?
thanks one more time.

Here is a suggestion: don't become illegal. It is quite easy to apply for an extension; there is little chance of being refused when you have a PR app in process, provided you can show sufficient finances to support your extended stay.

http://www.cic.gc.ca/english/visit/extend-stay.asp

 

[happilee]

Hi, hope you could help me too. I am a Filipina and my boyfriend is a Canadian Citizen. He wants to sponsor me so we can live together in Canada.

We lived in an apartment together for 1 year and 5months then moved out last September 2013 and are now living together in his family's house. We misplaced our apartment receipts of monthly rent and bills (the utility bills are included in the rent). We already asked the apartment owner for copies of the receipt but they insisted that they cannot produce copies anymore.

But we managed to secure leasing contracts and a notarized certificate stating that we both lived in that apartment. We have other proof like facebook pictures, photos of our trips together, airplane tickets that have both our names and emails from hotels confirming our stay.

We have no bills named to the both of us (since utility bills were included in the rent) and we no joint bank account. We dont have joint credit cards and no phone bills named after the both of us

We're still staying in his house after we moved our of the apartment. Problem is, we dont have proof that we're living together in his house since his family owns the place.

My questions:
1. Do we have enough proof?
2. Will our stay at our apartment be enough proof that we lived together? Even if we're not residing there anymore?

Please help me

 

[Carlaganda23]

Hi, hope you could help me too. I am a Filipina and my boyfriend is a Canadian Citizen. He wants to sponsor me so we can live together in Canada.

We lived in an apartment together for 1 year and 5months then moved out last September 2013 and are now living together in his family's house. We misplaced our apartment receipts of monthly rent and bills (the utility bills are included in the rent). We already asked the apartment owner for copies of the receipt but they insisted that they cannot produce copies anymore.

But we managed to secure leasing contracts and a notarized certificate stating that we both lived in that apartment. We have other proof like facebook pictures, photos of our trips together, airplane tickets that have both our names and emails from hotels confirming our stay.

We have no bills named to the both of us (since utility bills were included in the rent) and we no joint bank account. We dont have joint credit cards and no phone bills named after the both of us

We're still staying in his house after we moved our of the apartment. Problem is, we dont have proof that we're living together in his house since his family owns the place.

My questions:
1. Do we have enough proof?
2. Will our stay at our apartment be enough proof that we lived together? Even if we're not residing there anymore?

Please help me

Hi Happilee,

I maybe able to hep you with this, I applied for Common-Law application too..

To start with, since you have joint lease agreement, you can use it as one of the substantial documents to submit and also you need to have atleast 2 Statutory Declaration from both of your Family and Friends that you live together and has continuing and genuine relationship.

We don't have joint bank account and joint bills either but we have a proof that we live together in the same address(letters, bills, packages that was sent to the the same address)

Your partner can make a Will stating you as one of the beneficiaries. We also managed to make a Cohabitation Agreement and should be notarized. I have the Statutory Declaration of Common-Law Union notarized by the Commissioner of Oath.
It's good to have letter from both of your families and friends stating about your genuine relationship.

I included an email from his Mother talking about me and how we were settling in, in our new home. I managed to make a chronological order with our photos from the time I met him till present and included the photo with some special occasions with his families, friends. It's important to know that your friends and family know about your relationship.

I made a statutory declaration about the timeline of our relationship and notarised it.
If you have a shared proof of finances like interac money transfer ( print it and include it too)
Hope this one helps!

 

[Rob_TO]

We have no bills named to the both of us (since utility bills were included in the rent) and we no joint bank account. We dont have joint credit cards and no phone bills named after the both of us

We're still staying in his house after we moved our of the apartment. Problem is, we dont have proof that we're living together in his house since his family owns the place.

My questions:
1. Do we have enough proof?
2. Will our stay at our apartment be enough proof that we lived together? Even if we're not residing there anymore?

You can get joint bank account, supplementary credit cards, life insurance on each other etc etc NOW. Showing joint finances with the application is always a good thing, no matter the date you got them.

Also if you are both living with his parents, they are essentially your landlords. They should do an official rental/lease agreement with you and your partner (even if you don't pay any rent), to show the cohabitation there.

And finally, in the month that you first reached 12 months of cohabitation, your partner should have changed his status with the CRA, from single to common-law, and should have filed taxes as common-law. So also make sure to include proof of this (the Option C may or may not show, depending what the tax year was).