Common Law Proof

[seemefree]

Hello,

I will be applying for PR with my girlfriend in December 2017.
We have been living together for over a year.

We have the following, would that be enough as proof of Common Law existence?

1) Flat Lease agreement from October 2016 to Current (November 2017) - Signed by Owner, partner and I.
Since it is backdated, notaries refuse to notarize it. Is it fine that it is just signed?
2) Joint Bank Account Reference letter - Opened the account in October 2017 and will apply for PR in Dec 2017. The bank statement only indicates the primary account holders name so I will request the bank to create a reference letter stating that Bank account number XYZ, Primary holder - my name, Joint holder - partner's name
3) We have loads of pictures together from different trips we took together. I have put together 30 pictures just in case.
4) 3 x Airbnb/reservation receipts from travel together - showing me and my partner as occupants for particular dates (these dates will match with the travel history that my partner and I will indicate)
5) Rent payment transfer slip - Payment going out from our joint account for the rent of December. Note indicates : Payment for Apartment located at XYZ location on behalf of my partners name and my name
6) Since my partner and I studied together, I also have a reference letter from my university on their letterhead, for me and my partner separately - stating name / her name, graduation date and address

Will the above suffice? Will it represent our case strongly? since neither of us have any ties with Canada yet, are not married and will be applying straight off as common law partners from a 3rd country.

As I understand, the most powerful proof is the lease agreement. Since it cannot be notarized, will that be an issue? Any other areas I could tighten, that you notice?

Thank you very much in advance for your help!

 

[seemefree]

Would really appreciate somebody's input here.

Looking forward to your valuable suggestions.

 

[seemefree]

Is nobody able to help with this? I would really appreciate some guidance here....

 

[canuck_in_uk]

1) Flat Lease agreement from October 2016 to Current (November 2017) - Signed by Owner, partner and I.
Since it is backdated, notaries refuse to notarize it. Is it fine that it is just signed?
2) Joint Bank Account Reference letter - Opened the account in October 2017 and will apply for PR in Dec 2017. The bank statement only indicates the primary account holders name so I will request the bank to create a reference letter stating that Bank account number XYZ, Primary holder - my name, Joint holder - partner's name
3) We have loads of pictures together from different trips we took together. I have put together 30 pictures just in case.
4) 3 x Airbnb/reservation receipts from travel together - showing me and my partner as occupants for particular dates (these dates will match with the travel history that my partner and I will indicate)
5) Rent payment transfer slip - Payment going out from our joint account for the rent of December. Note indicates : Payment for Apartment located at XYZ location on behalf of my partners name and my name
6) Since my partner and I studied together, I also have a reference letter from my university on their letterhead, for me and my partner separately - stating name / her name, graduation date and address

Hi

1. That's fine. It doesn't need to be notarized.

2. Not common-law proof.

3. Not common-law proof.

4. Supporting proof but not common-law proof in and of itself.

5. Not common-law proof.

6. Not common-law proof.


So you pretty much a lease and that's it. You need to be showing that you cohabited at the same address for at least one continuous year to prove common-law. Mail in both or individual names, utilities/bills, tax documents, government letters, individual bank/credit card statements, shred expenses, payslips, IDs etc.

 

[seemefree]

Hi

1. That's fine. It doesn't need to be notarized.

2. Not common-law proof.

3. Not common-law proof.

4. Supporting proof but not common-law proof in and of itself.

5. Not common-law proof.

6. Not common-law proof.


So you pretty much a lease and that's it. You need to be showing that you cohabited at the same address for at least one continuous year to prove common-law. Mail in both or individual names, utilities/bills, tax documents, government letters, individual bank/credit card statements, shred expenses, payslips, IDs etc.

Thanks for that @canuck_in_uk !

Point 2, The IMM5409E indicates a joint account as documentary evidence of common law. I am a bit confused now...

Point 4, I will keep that as supplementary evidence.

Mail - We received our WES evaluations at this address, separately. Seeing that it is recognized by CIC - I believe this would work here yes?
Government letter - Municipality declaration with name, date of declaration and address, separately.
Individual bank statements - Name, address, separately.

What do you think of the above 3?

Regarding shared payment, point 5 wouldn't do? It indicates us paying the rent from our joint account as the note?

Thanks a lot once again!

 

[canuck_in_uk]

Point 2, The IMM5409E indicates a joint account as documentary evidence of common law. I am a bit confused now...

Mail - We received our WES evaluations at this address, separately. Seeing that it is recognized by CIC - I believe this would work here yes?
Government letter - Municipality declaration with name, date of declaration and address, separately.
Individual bank statements - Name, address, separately.

Regarding shared payment, point 5 wouldn't do? It indicates us paying the rent from our joint account as the note?

If it does not prove one year of continuous cohabitation, it is not an actual common-law proof. You can include the joint statements as supplementary.

For the mail, if it covers at least a one year period for both of you, that is solid proof.

As above, not showing at least one year of cohabitation and therefore not common-law proof.

 

[seemefree]

If it does not prove one year of continuous cohabitation, it is not an actual common-law proof. You can include the joint statements as supplementary.

For the mail, if it covers at least a one year period for both of you, that is solid proof.

As above, not showing at least one year of cohabitation and therefore not common-law proof.

So what I am getting from the above is :

1. Lease - proves 1 year cohabitation (primary)
2. Local Municipality Declaration - Issued on Dec 2017, stating I have been registered at X apartment since Dec 2016. Same for my partner. This proves 1 year as of date of issue (primary)
3. Individual bank statement - Dec 2016 to Dec 2017, 1 full year with address. Same for my partner (primary)
4. Mail - if possible, should cover the entire year to be acceptable enough. if not, in any case will provide some mails (supplementary).
5. Joint bank account reference letter (supplementary)
6. Airbnb/Holiday itenerary (supplementary)

Is the above strong enough now?

Thanks once again for taking the time.

 

[canuck_in_uk]

So what I am getting from the above is :

1. Lease - proves 1 year cohabitation (primary)
2. Local Municipality Declaration - Issued on 22 Dec 2017, stating I have been registered at X apartment since 22 Dec 2016. Same for my partner. This proves 1 year as of date of issue (primary)
3. Individual bank statement - 22 Dec 2016 to 22 Dec 2017, 1 full year with address. Same for my partner (primary)
4. Mail - if possible, should cover the entire year to be acceptable enough. if not, in any case will provide some mails (supplementary).
5. Joint bank account reference letter (supplementary)
6. Airbnb/Holiday itenerary (supplementary)

Is the above strong enough now?

Thanks once again for taking the time.

Yes, that looks good. Try to have a buffer period instead of showing exactly one year, i.e. proofs from Oct 2016 to Dec 2017.

 

[seemefree]

Yes, that looks good. Try to have a buffer period instead of showing exactly one year, i.e. proofs from Oct 2016 to Dec 2017.

Thanks a lot for the reassurance. Will keep the buffer in mind when working it out.

One last thing, I submitted my EE profile (indicating Common-Law) on the X of November. I plan to submit my PR application at the end of Dec/Early Jan. So, as of the date of e-APR, I need to prove Common-Law right? Not as of the date of EE profile submission (for consideration to enter the pool)?

 

[canuck_in_uk]

Thanks a lot for the reassurance. Will keep the buffer in mind when working it out.

One last thing, I submitted my EE profile (indicating Common-Law) on the 28th of November. I plan to submit my PR application at the end of Dec/Early Jan. So, as of the date of e-APR, I need to prove Common-Law right? Not as of the date of EE profile submission (for consideration to enter the pool)?

If you obtained CRS points from your partner that put you over the ITA threshold, then you need to prove common-law as of the ITA date. If you didn't obtain points from your partner, then you need to prove it by e-APR.

 

[mattjp1]

Hi there

My partner and I also joined bills showing we have the same address, support letters from family and friends who know our relationship (+ photos with them), common law form notarized, passport stamps showing we arrived/left a country if any (showing we traveled together, for holidays or to live abroad), official documents showing the same address (resident certificates etc..), plane tickets from holidays we spent in the last x years.

That was quite a headache for us, let me know if you have a question and I'll try to reply at best of my knowledge.

 

[seemefree]

If you obtained CRS points from your partner that put you over the ITA threshold, then you need to prove common-law as of the ITA date. If you didn't obtain points from your partner, then you need to prove it by e-APR.

Hi there

My partner and I also joined bills showing we have the same address, support letters from family and friends who know our relationship (+ photos with them), common law form notarized, passport stamps showing we arrived/left a country if any (showing we traveled together, for holidays or to live abroad), official documents showing the same address (resident certificates etc..), plane tickets from holidays we spent in the last x years.

That was quite a headache for us, let me know if you have a question and I'll try to reply at best of my knowledge.

Thank you both for taking the time! Really appreciate it!
Im putting together questions that are coming up while sorting my documentation for the common law right now. Do not want to ask just for the sake of it. I will revert to this thread with a request for a final confirmation of what I will have put together, to consolidate everything.

Thank you once again!

 

[seemefree]

@canuck_in_uk @mattjp1

Hi guys, thank you for your time before.
I have a quick question that I would like to clarify regarding the IMM5409E since I am filling it up now to my best knowledge.

I am a national of country A, my partner of country B and we reside in country C together as common-law partners.

The form indicates the following :

We, (name of declarant), and (name of declarants partner),
of (name of city, town, village), in (name of province, state, territory), in the country of (name of country) .....

In the areas marked in red, should i indicate "Country A and Country B respectively" or "Country C" details?

Thank you very much in advance!

 

[canuck_in_uk]

@canuck_in_uk @mattjp1

Hi guys, thank you for your time before.
I have a quick question that I would like to clarify regarding the IMM5409E since I am filling it up now to my best knowledge.

I am a national of country A, my partner of country B and we reside in country C together as common-law partners.

The form indicates the following :

We, (name of declarant), and (name of declarants partner),
of (name of city, town, village), in (name of province, state, territory), in the country of (name of country) .....

In the areas marked in red, should i indicate "Country A and Country B respectively" or "Country C" details?

Thank you very much in advance!

It refers only to your current address.

Note that IMM5409 is not a required form. It is not even a part of the application package anymore.

 

[seemefree]

It refers only to your current address.

Note that IMM5409 is not a required form. It is not even a part of the application package anymore.

Thank you for your answer! I thought it still was.
Haven't gotten to the personalized document checklist yet, therefore unaware. Thought of clarifying it in advance.
Thank you for pointing that out! Will consult further if something additional comes up.