Do I need proof of a common-law relationship if I posess a marriage certificate?

[chatsubo20]

On the document checklist, there are a number of documents in the section "for both of you". I'm not sure if only one is required, or some combination of them. We have a marriage certificate, so I'm pretty sure we don't need to prove we are common-law, but I'm less sure about the one which says to provide photographs of the wedding, not to mention "proof of a conjugal relationship".

Any advice most appreciate!

Thanks!
Ian

 

[Zarilenth]

Are you applying as common law? If you're married, why not apply as that?

 

[chatsubo20]

No, I *am* applying as married, it's just not 100% clear which of those documents are required.

So while I feel like the common-law item is most likely unnecessary, I'm not sure about the photographs or "conjugal relationship" proof. I'd feel better if it said clearly "one of the following". The section beforehand *does* say "one of the following items", but it's not clear if that also applies to this section. Basically, I'm paranoid I'm going to leave something out

This is the full list :

• Photocopy of marriage certificate
• Photocopy of divorce, annulment, separation or death certificates, if either of you were previously married
• Proof of your common-law relationship (e.g., evidence of joint bank, trust, credit union or charge card accounts; jointly signed residential lease,
mortgage or purchase agreement; statutory declarations of individuals with personal knowledge that your relationship is genuine and continuing)
• Photographs of the marriage or common-law relationship ceremony, if applicable (photocopies are acceptable; originals will not be returned)
• Proof of your conjugal relationship (e.g., commitment, housing and financial arrangements, social activities, attitudes and mindsets towards your
relationship)
• Declaration of severance of common-law relationship


Thanks for your reply!

 

[Rob_TO]

If you're married then any questions relating to common-law have nothing to do with you.

And yes you need to include pictures of your wedding, as CIC can use them for proof that the marriage is genuine.

 

[Zarilenth]

No, I *am* applying as married, it's just not 100% clear which of those documents are required.

So while I feel like the common-law item is most likely unnecessary, I'm not sure about the photographs or "conjugal relationship" proof. I'd feel better if it said clearly "one of the following". The section beforehand *does* say "one of the following items", but it's not clear if that also applies to this section. Basically, I'm paranoid I'm going to leave something out

This is the full list :

• Photocopy of marriage certificate
• Photocopy of divorce, annulment, separation or death certificates, if either of you were previously married
• Proof of your common-law relationship (e.g., evidence of joint bank, trust, credit union or charge card accounts; jointly signed residential lease,
mortgage or purchase agreement; statutory declarations of individuals with personal knowledge that your relationship is genuine and continuing)
• Photographs of the marriage or common-law relationship ceremony, if applicable (photocopies are acceptable; originals will not be returned)
• Proof of your conjugal relationship (e.g., commitment, housing and financial arrangements, social activities, attitudes and mindsets towards your
relationship)
• Declaration of severance of common-law relationship


Thanks for your reply!

Ah, I see. Like Rob said, just ignore anything relating to common law or conjugal relationship, and just include evidence of your marriage.

 

[chatsubo20]

Great, thanks! Any idea about the "conjugal relationship" question?

I tried to find a number I could call on the CIC website, but they're pretty good at hiding it.

 

[Ponga]

Great, thanks! Any idea about the "conjugal relationship" question?

I tried to find a number I could call on the CIC website, but they're pretty good at hiding it.

You are applying as a married couple, not as common-law or conjugal partners. Some of the bullet items on the checklist do not apply to all couples.

Just follow Rob_TO's advice and provide evidence of your genuine marriage.

 

[Rob_TO]

Great, thanks! Any idea about the "conjugal relationship" question?

I tried to find a number I could call on the CIC website, but they're pretty good at hiding it.

A marriage is a conjugal relationship. So you still need to submit proofs of being in a real marriage/relationship. Things like photos, shared finances, letters from friends/family, chats/calls if you lived apart, etc etc should all be included.

 

[chatsubo20]

Great to know, much appreciated everyone!

 

[chatsubo20]

Funny, but the CIC website seems to indicate they are three distinct things : "You can apply to sponsor your spouse, common-law or conjugal partner ..."

 

[Rob_TO]

Funny, but the CIC website seems to indicate they are three distinct things : "You can apply to sponsor your spouse, common-law or conjugal partner ..."

They are different things. You are sponsoring your spouse... NOT a common-law or conjugal class application.

Although the proof required for all 3 categories is almost the same. Each needs to show the basic things like photos, shared finances, etc etc. It's just some require additional proofs (like spouse category requires marriage certificate, common-law required proof of 1 year cohabiting, etc).

 

[chatsubo20]

Right, I'm just trying to figure out *exactly* what proof is needed for each category of application, because it's seems a little unclear on this document. From what I can see, since we are married, we only need to provide the marriage license photocopy, and photos from the ceremony. The "shared finances" proof seems to exist only for common-law and conjugal.

I think this checklist is supposed to cover what is in the "SPOUSE/COMMON-LAW QUESTIONNAIRE".

 

[Rob_TO]

Right, I'm just trying to figure out *exactly* what proof is needed for each category of application, because it's seems a little unclear on this document. From what I can see, since we are married, we only need to provide the marriage license photocopy, and photos from the ceremony. The "shared finances" proof seems to exist only for common-law and conjugal.

I think this checklist is supposed to cover what is in the "SPOUSE/COMMON-LAW QUESTIONNAIRE".

No, you need to also prove the marriage is genuine. Just submitting the certificate is not enough, and CIC has rejected many spousal apps as being fraudulent even though they had a marriage certificate and wedding photos (read through the appeals section of married couple's experiences). The CIC form clearly states to include any additional details/proofs you think are necessary to show your relationship is genuine and continuing. This is required for ALL categories, including married couples.

The amount of proofs you need to include depends on what you have (so there is no mandatory list of things you must include), and if there are any red flags in your application. Some apps need more or less proof than others. So if you had a short relationship before marriage, didn't meet in person very often before marriage, had a very small wedding ceremony, a wedding that wasn't considered "normal" for the applicant's culture, a huge age difference, etc etc, then you better be submitting lots more proofs over just the wedding certificate.

 

[QuebecOkie]

Showing shared finances, that you're beneficiaries of each other's insurance policies, etc, isn't "required" for a spousal application. But all three categories must provide proof of the genuineness of the relationship. Shared finances and other things that demonstrate that your lives are combined and have been for some time help show CIC that your relationship is genuine and ongoing.

It all depends on your unique situation (any red flags? short courtship/large age difference/come from two very different cultures/etc) and the individual officer(s) processing your file as to how much proof is "enough." We didn't send a lot. Eight photos, a narrative telling when we met, describing our travel together, and detailing when/where we first met each other's family. A couple of travel itineraries showing us traveling abroad together. The marriage license and all other required documentation. That was pretty much it. I would have stressed less if I'd have sent a bit more, though!

 

[chatsubo20]

What's a "huge" age difference by CIC standards? We're 8 years apart, but I never really noticed the difference. We've been in a relationship over four years, which started in Taiwan and went on about 1.5 years, continued in Canada for 6 months, then she went back to Taiwan and we remained in a long-distance relationship where we communicated every single day, I visited her once, and she visited me once, and the culmination of this long story is that we will be married at the end of the month She'll arrive at the end of the week, and we'll go on our honeymoon to Europe right after the wedding. Almost every member of my family will be there (about 60 people) plus 10 close friends. She first met my family about four years ago when she came back with me for Christmas, and has spent a lot of time with them over the years, including my closest friends.

Unfortunately her parents won't be at the wedding - her mom passed away when she was 13, and her father is in poor health and cannot handle a 15-hour flight to Canada. Two of her best friends will attend though. We plan to have a wedding banquet back in Taiwan with her father and family once Chinese new year rolls around. I'm hoping the lack of her family attending won't be a big deal. Her father is certainly aware of the marriage, and is happy about it.

I recently had a VISA card in her name added to my account, and it sounds like opening a joint bank account would be a good idea too. Maybe adding her name to my condo registration ... anything else?