Common-law Proof for PR

[pip_kerr]

Sorry repost as I was told I posted in the wrong area.

Ok so after much needed and great advice from people on this forum my partner and I have decided we will go ahead with an offshore spouse PR sponsorship. I am Australian and my fiancee is Canadian.

We met in Australia June 2014
Started living together properly in Australia October 2014
We got engaged in January 2015
We moved to Canada in May 2015
We have lived here till present August 2016

Here's the thing, when we moved in together in Australia my name was on the lease and she did not have much time left in Australia so we did not add her to the documentation. When her working holiday was over I left with her and we then traveled around the world together for the next 4 months. When we arrived in Canada we lived with her parents for the next 8 months again with no lease as it was her family house.
We left again in Jan 2016 traveling and arrived home to Canada again in April and lived with her parents for a couple of months before moving downtown in Toronto into a sublet where we are currently, so again no lease! Unfortunately it was all we could find at the time that suited us.

We set up a joint bank account in September 2015 (so one year now), which is where every cent we make goes into and we function fully out of that one account, completely shared money.

Other than that the strongest proof I can find is a lot (like 15) flights we have taken together, I have all the email printouts showing both our names together and seats next to each other. I also have the hard copies kept away in a box. On top of that I have room bookings and a few bus trips. I know this doesnt show proof of living together, but surely as we were not at a permanent address and were traveling this is the best proof to show we were never separated and always together.

We also have literally 1000's of photos of us traveling through several countries including big long treks with only us two up in nepal.

Oh and we have matching visas for a couple countries.

I can get a written statement from my partners parents stating the time we lived in there house and validating our relationship as well as the guy we sublet off now.

We also worked at the same job before my work permit expired, so I can get my old boss to also write a letter stating that she knows us to be in a committed relationship.

Do you think this is enough to qualify us as a genuine relationship? Is there anything else anyone can think of that would be good to add that I may have forgotten?

Thanks everyone! ;D

 

[canadianwoman]

This is partly up to the visa officer. Some would accept this. Maybe some would not.
The documents you have mentioned will help. For the time spent traveling together, the ideal would be: the plane tickets and boarding passes; the bus tickets (and any other vehicle ticket) - even if they don't have your name on them, include them; matching visas and entry and exit stamps; hotel or hostel receipts with both names; any proof of activities done together, such as a tour somewhere; photos together. And all of this covering every single day. Unlikely, of course.

We had one couple who for their last two months of cohabitation were traveling. They told us their plans before they did it. They had all of the above. They were staying in hostels and rural guest houses that didn't give receipts, necessarily, so for each one that didn't have a receipt they had the business card of the owner and a letter stating they were staying there, and a photo. They were approved, and very quickly.

What you have is certainly enough to prove your relationship is genuine. It may or may not also be enough to prove 12 months of continuous cohabitation. The fact you were traveling during some of that time does not mean you cannot prove you were together, though.

 

[pip_kerr]

Thanks for the reply, we have so many photos from every point of our trip, plus we visited both our relatives in Australia, Scotland, France, England and Canada and have photo's with all the family members so that should be good too. We were planning on getting married next year, but now I think we may do a little quiet one now for legally and then do the big ceremony in the future as planned when we r finished with visas and have more money. The lawyer stated that us getting married would be a huge help, not that we would definitely run into issues now but she said in her 20 years experience there is a lot less issue with married couples compared to common-law even though CIC states they will be treated the same.

 

[Ponga]

Thanks for the reply, we have so many photos from every point of our trip, plus we visited both our relatives in Australia, Scotland, France, England and Canada and have photo's with all the family members so that should be good too. We were planning on getting married next year, but now I think we may do a little quiet one now for legally and then do the big ceremony in the future as planned when we r finished with visas and have more money. The lawyer stated that us getting married would be a huge help, not that we would definitely run into issues now but she said in her 20 years experience there is a lot less issue with married couples compared to common-law even though CIC states they will be treated the same.

It's important to know that you have to prove two things to CIC for a common-law sponsorship:

1. You are in a genuine relationship.

2. You have met the requirement to have lived together under the same roof for at least one full year.


The pictures can certainly speak to the first requirement, but they will have little value in proving #2. Even traveling (or backpacking) around the world for a few months, doesn't prove that you're living together...you are traveling around the world together. While a normal, compassionate person might say that you are `living' together while traveling, nobody can say what the CIC officer that reviews your application/story will decide.

If marriage truly is a viable option now....IMHO, it would make your application stronger and perhaps easier to approve, since cohabiting is NOT required.

 

[canadianwoman]

I agree. You can submit all the evidence you have already listed, but it might not be enough to prove common-law. If you get married, you don't need to prove you were living together, but all that evidence does go to show your relationship is genuine.

A simple civil ceremony is fine, but make it look special: get dressed up, have rings, maybe flowers, any family or friends there would be good, have a reception after even if it just dinner at a restaurant, and go on a honeymoon. You can then say that you will be having a big reception later when you have saved up enough money, or when both families can be there, or whatever the reason is. (Note a reception is not necessary.)

 

[pip_kerr]

Thanks Canadianwoman for the response, yeah I have heard this is the best option for us, I have a couple of my sisters visiting and my Canadian partners parents, so will probably arrange a small ceremony and explain we are planning a bigger celebration when my Australian family can attend.

 

[CaroM8]

Thanks Canadianwoman for the response, yeah I have heard this is the best option for us, I have a couple of my sisters visiting and my Canadian partners parents, so will probably arrange a small ceremony and explain we are planning a bigger celebration when my Australian family can attend.

My husband and I just got married in Ontario last May and we managed to keep it small and budget friendly but still beautiful! Check out nice restaurants in your area; most will not charge you a fee if you agree to a minimum food&beverage bill. We did our wedding in a nice restaurant in Ottawa, their upstairs was a private event room and it was perfect! We had 30 people, for a ceremony, dinner and open bar and managed to keep the cost of the entire wedding around 5000$. Give me a shout if you want some details

 

[portofmiami]

I am in a similar situation to you Pip_Kerr

I am Australian and my fiancee is Canadian. We had an issue with a gap of cohabitation due to living with her parents & not sharing a bedroom (her parents are conservative) when we first arrived in Canada.

My lawyer advised to not proceed with the application until we have at least one year proof of cohabitation as that is one area that is very strict no matter what country you come from. Apparently even one day short of the full year will lead to refusal. While this is frustrating as it has delayed our application, I would rather wait than risk getting refused and the added headache that would cause

 

[pip_kerr]

I am in a similar situation to you Pip_Kerr

I am Australian and my fiancee is Canadian. We had an issue with a gap of cohabitation due to living with her parents & not sharing a bedroom (her parents are conservative) when we first arrived in Canada.

My lawyer advised to not proceed with the application until we have at least one year proof of cohabitation as that is one area that is very strict no matter what country you come from. Apparently even one day short of the full year will lead to refusal. While this is frustrating as it has delayed our application, I would rather wait than risk getting refused and the added headache that would cause

Thanks for the reply, after reading this I think we are going to get married quickly for the ceremony and then have a formal celebration later. I guess its not worth the risk as if this visa got declined we would definitely struggle and be set back sometime in our lives.
How is your application going?