Common law question!

[Suraj89]

Hello everyone, i am posting on behalf of my friend who was living with his Girlfriend for 2 years but eventually they broke up and moved seperately. Now, after almost a year they are planning to continue their relationship where they left off.

My question is that my friend is planning to marry his girlfriend now and want to sponser her as spouse for PR but when my friend got PR last year, he was single and not living with his girlfriend but now when they will be providing their address history it would be matched for 2 years for both of them.

Another thing here is they lived in same house but not together my friend ised to live in basement appartement and she lived upstairs with landloards but they moved to that house om same day.

Does CIC consider them as common law in that case, as they still not living together for almost an year but they lived together in past. Any help would be appriciated here. They want to hire a lawyer for that but i want to help them out in this situation before they start spending their earned money via hours of hardwork here.

What could be done here to prove cic that they were seperated for a year and he was single when he applied for his EE?

 

[zardoz]

Hello everyone, i am posting on behalf of my friend who was living with his Girlfriend for 2 years but eventually they broke up and moved seperately. Now, after almost a year they are planning to continue their relationship where they left off.

My question is that my friend is planning to marry his girlfriend now and want to sponser her as spouse for PR but when my friend got PR last year, he was single and not living with his girlfriend but now when they will be providing their address history it would be matched for 2 years for both of them.

Another thing here is they lived in same house but not together my friend ised to live in basement appartement and she lived upstairs with landloards but they moved to that house om same day.

Does CIC consider them as common law in that case, as they still not living together for almost an year but they lived together in past. Any help would be appriciated here. They want to hire a lawyer for that but i want to help them out in this situation before they start spending their earned money via hours of hardwork here.

What could be done here to prove cic that they were seperated for a year and he was single when he applied for his EE?

This will be a problem to prove. Given the information provided, IRCC are very likely to believe that the "breakup" didn't actually happen if they remained at the same address. The onus of proof will be on them, so they had better start to get documents ready that show that either they were never common-law or that explicit steps were made to break up. Examples: removal from joint accounts, bills, leases etc. Maybe affidavits from friends, landlords, co-workers etc saying they are are aware of the circumstances.

 

[Suraj89]

This will be a problem to prove. Given the information provided, IRCC are very likely to believe that the "breakup" didn't actually happen if they remained at the same address. The onus of proof will be on them, so they had better start to get documents ready that show that either they were never common-law or that explicit steps were made to break up. Examples: removal from joint accounts, bills, leases etc. Maybe affidavits from friends, landlords, co-workers etc saying they are are aware of the circumstances.

First of all thanks for your reply.
Thing is they were moved seperately after break up and they have never shared lease neither did they have joint account.

Both were taking care of their own expenses. Only thing which is against them is the same address for 2 years, after that almost 8 months ago they both started to live seperately.

Now the point is that they can get a letter from their previois landloard stating that they both were not living together in the basement and they can even get a letter from their room mates too.

What else they need to provide to show that they were not in common law because at present their address is different and even before except their addresses everything was seperate like accounts, taxes, groceries etc.

Thank you once again! Hope to hear from you again.

 

[zardoz]

First of all thanks for your reply.
Thing is they were moved seperately after break up and they have never shared lease neither did they have joint account.

Both were taking care of their own expenses. Only thing which is against them is the same address for 2 years, after that almost 8 months ago they both started to live seperately.

Now the point is that they can get a letter from their previois landloard stating that they both were not living together in the basement and they can even get a letter from their room mates too.

What else they need to provide to show that they were not in common law because at present their address is different and even before except their addresses everything was seperate like accounts, taxes, groceries etc.

Thank you once again! Hope to hear from you again.

If they believe that they were "just" boy/girl friends, they will need to apply based on the marriage and supply a letter of explanation indicating that the apartments were separated, even if at the same postal address. The landlord should confirm that in writing. Common-law requires much stronger connection than "dating". There is no easy way to prove a "negative".

 

[Suraj89]

If they believe that they were "just" boy/girl friends, they will need to apply based on the marriage and supply a letter of explanation indicating that the apartments were separated, even if at the same postal address. The landlord should confirm that in writing. Common-law requires much stronger connection than "dating". There is no easy way to prove a "negative".

I got you! They are planning to get married but they were just confused about their addresses. I will ask them to get an affidavit from their landloard and attach it with a LOE along with their marriage proof.

Thank you once again for your patience to read everthing and coming back to me afterwards. Cheers.