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common law proof

tina_

Member
Jan 22, 2016
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Hello,

me and my partner have been living together for 5 years. We are renting an apartment together, but we do not have any common purchases together or anything of the kind. We are going to Canada in the fall and we need a proof of our being in a common law relationship so that I can be granted a working visa. So far, we only have two bills (of me and him) that were sent to our common address.

What else can we include as proof? How "strict" are they about this?

Thank you.
 

Jalex23

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tina_ said:
Hello,

me and my partner have been living together for 5 years. We are renting an apartment together, but we do not have any common purchases together or anything of the kind. We are going to Canada in the fall and we need a proof of our being in a common law relationship so that I can be granted a working visa. So far, we only have two bills (of me and him) that were sent to our common address.

What else can we include as proof? How "strict" are they about this?

Thank you.
Get a common law certificate or document from your country. Also the lease for your apartment for the last 5 years with both your names in it.

Translate it and bring it with you. Show that as proof.

They are quite strict about that.
 

sokosan

Full Member
Aug 6, 2015
43
1
tina_ said:
Hello,

me and my partner have been living together for 5 years. We are renting an apartment together, but we do not have any common purchases together or anything of the kind. We are going to Canada in the fall and we need a proof of our being in a common law relationship so that I can be granted a working visa. So far, we only have two bills (of me and him) that were sent to our common address.

What else can we include as proof? How "strict" are they about this?

Thank you.
It's my understanding (someone correct me if I'm wrong) that you must prove common-law status under Canadian law (i.e. you must satisfy the conditions under which couples are are recognized as living in a common law relationship in Canada). The rules in your country may be more strict or more relaxed. Therefore, if you are able to get a certificate (e.g. from a court) in your country which says that you are recognized as being in a common-law relationship, this certainly helps (a lot!!!), but is not necessarily enough.

Look at this form as a clue for what you need: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.pdf
In Canada, common law couples are people who a) live together at the same address for at least 1 year and can demonstrate other ties, such as:
b) joint property ownership, other than the place in which you live
c) joint life insurance policies, i.e. your partner has or had a life insurance policy where you were the main beneficiary, and vice versa
d) joint bank accounts (some countries don't have joint bank accounts, it is only possible to authorize someone else to use your bank account - so in this case, you would need proof you are authorized on your partner's bank account or vice versa).
e) other things which demonstrate your relationship.

For a), as Jalex said, the best thing would be your rental contract, with both your names on it. If you don't have a rental contract (in some countries it is not customary), or if the rental contract contains only one of your names, try getting a letter from your landlord which says that he is the owner of that and that apartment, and that he certifies that you have lived there together for the past 5 years. You might want to consider also showing proof that this person is the owner of the place (a copy of a property deed), and it's recommended that his signature on the letter be certified (at a court of law, municipal office, or notary public, whatever is the practice in your country). Also, you said you have those joint bills, show them.

For b), they usually mean real estate (e.g. you own a country cottage together or something), but other large items can help - you own or owned a car or a boat together, or you own a car for example, and your partner is registered on the insurance on that car as a regular driver, etc.

For c) and d), you either have that or you don't, there is really no substitute.

For e), there are many things you can do. It's not clear what helps the most, but the more stuff you have, the better. You can provide proof of having travelled together often. For example, past airline tickets and hotel reservations. Maybe you have a joint mobile phone plan (a "family" plan); or you claimed your health costs as a spouse on your partner's health insurance (or vice versa). Just think of anything that spouses do and other people (boyfriend/girlfriend or roommates) don't, and see if you can find some written proof of that.

Another thing which you can do is gather witness statements. For example, your neighbours can testify in a written statement that you have been living together for 5 years, that they saw you there every day, etc. Your parents, relatives, friends can testify to the fact that you have been in a relationship for 5+ years and have been living together for 5 years, etc. Witness statements, to be relevant, should be officially certified (at a court of law, municipal office, or notary public, whatever is the practice in your country).

You can also provide photographs where it shows that you are together travelling, at family gatherings, with a group of friends, anywhere where it would be obvious that you are a couple. If you have easy proof for a), and you have b), c) and d), or at least just say c) and d), you don't have to provide a lot of stuff (or even anything) for e). But if you are missing some of the stuff under b) - d), I would add as many things as you can from category e).

For any documents, remember, you must have either originals, or certified copies (certified by a notary or whoever does that in your country). If the documents are not in English or French, you must have them translated by an official court translator (or whatever that is called in your country, such a person is certified by the government, and has a seal and number which shows this). You must show the originals (or certified copies) together with the translations.
 
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