Help needed!! Proving you are in a conjugal common law relationship...

[IrishinVancouver]

Hi all,

I apologise if this has already been posted but I cannot find clarification on what is needed to prove me and my girlfriend are in a common law relationship.

I'm from Ireland and my girlfriend is Canadian. We have been together for two years. we have lived together for a year and a half but most of that time was living with her parents here in Vancouver or mine back in Ireland. I'm 26 and she is 23 so needless to say we don't have any wills written!!! We don't have joint bank accounts or anything with both of our names on it other than our current lease (signed in Dec 2012). Our identity documents don't have the same address as my girlfriends address is always her family home. We didn't have joined bank accounts, mortgages or loans because we are still young!! (I hope!!)

So what can we do? Are we supposed to just send what we have and hope for the best?

I'd appreciate any wisdom that anyone could share with us and all the best to everyone applying for visas!!!

 

[amikety]

First off, being young isn't an excuse for not having documentation. I know plenty of people that had mortgages at 19. Not trying to scold you or anything, just saying age is never an excuse for CIC

Now, you need to clarify you're Common-Law NOT Conjugal because those are two different classes. (And you have 0 chance of Conjugal because you live together!)

Ideas:
- if either of you have benefits at work, sign up the other as CL spouse
- file taxes as CL (if you've been in Canada more than 183 days in any year, you're considered a tax resident and she would need to list you on her filings) (And if you're common law, she cannot be a dependant student!)
- collect and keep bills showing you share the address
- combine a cell phone account or bank account

All it takes is a little effort and you can create a paper trail.

Keep in mind, as CL, you'll also need notarized statements from family or community members, so that will help too. This can include the parents saying you lived together at their house.

Other things you can include are emails, phone records, Facebook (shows relationship, shows wall-to-wall of things you've shared or said to each other), pictures, trips with receipts from hotels, tickets, etc. Card given to each other or cards given to you as a couple.

Once you start looking, you will find there's lots of things.

 

[Steph C]

Now, you need to clarify you're Common-Law NOT Conjugal because those are two different classes. (And you have 0 chance of Conjugal because you live together!)

I think what they're referring to is that Common-Law relationships have to prove that they're Conjugal by nature.
So to prove you're a 'Conjugal' Common-Law couple you need to provide as much proof as possible of your conjoined-ness. I would start with letters from your parents and friends saying that you lived together. You will need as much proof as possible, and also you will need to prove as much as possible that you are marriage like in nature and not simply in a boyfriend-girlfriend type relationship.. I'm assuming you're a guy and not a girl.

 

[amikety]

I think what they're referring to is that Common-Law relationships have to prove that they're Conjugal by nature.
So to prove you're a 'Conjugal' Common-Law couple you need to provide as much proof as possible of your conjoined-ness. I would start with letters from your parents and friends saying that you lived together. You will need as much proof as possible, and also you will need to prove as much as possible that you are marriage like in nature and not simply in a boyfriend-girlfriend type relationship.. I'm assuming you're a guy and not a girl.

I know what he meant. I said it before someone else jumped all over him about how he wouldn't qualify as Conjugal because he's Irish and they live together.

Not everyone reads as thoroughly and thinks as hard as us, Steph

 

[Rob_TO]

Ideas:
- if either of you have benefits at work, sign up the other as CL spouse
- file taxes as CL (if you've been in Canada more than 183 days in any year, you're considered a tax resident and she would need to list you on her filings) (And if you're common law, she cannot be a dependant student!)
- collect and keep bills showing you share the address
- combine a cell phone account or bank account

Also:
- make sure the parents write formal declarations testifying that you guys indeed were living together as a couple in their homes
- If one of you has a credit card, get a secondary card in the other persons name added to the account. 1 bill will then show both names.
- buy a cheap term life insurance policy, with each other listed as primary beneficiary

 

[IrishinVancouver]

Cheers for the help and advice folks. I will be following all of ye're advice. I called the CIC today and they said to send as much evidence as possible but he said that setting up bank accounts, credit cards, etc at the last minute wouldn't be of much help.

I have to say though that we are both more worried about the situation now as we hadn't really thought long term that we would need to have this much information.

Is it common that people are refused Permanent residency for lack of proof?

Thanks again and keep the advice coming!! Looks like it is going to be a nerve wrecking year of waiting ahead....

 

[amikety]

Cheers for the help and advice folks. I will be following all of ye're advice. I called the CIC today and they said to send as much evidence as possible but he said that setting up bank accounts, credit cards, etc at the last minute wouldn't be of much help.

I have to say though that we are both more worried about the situation now as we hadn't really thought long term that we would need to have this much information.

Is it common that people are refused Permanent residency for lack of proof?

Thanks again and keep the advice coming!! Looks like it is going to be a nerve wrecking year of waiting ahead....

When I did a print out of the cell phone account, it didn't say what day we joined, signed up, or added my phone to my husband's account.

 

[Rob_TO]

When I did a print out of the cell phone account, it didn't say what day we joined, signed up, or added my phone to my husband's account.

Same with our joint credit card account. No information whatsoever on the date it was opened, so the VO would have no way of knowing if it was a 1 week or 1 year old account.

 

[IrishinVancouver]

Awesome guys! Cheers for that. We will definitely go and do that. With regards to sending them our joint tax returns.... what do we need to send CIC to prove we filed our taxes together? do we need to wait to get our tax back before sending off a form or can we do it before we send off our tax returns.

Also, last year we didn't file our tax forms together as we didn't realise we could or needed to...

I just got an email from an immigration lawyer that I contacted a while back.... His suggestion on how I should get PR in Canada..... apply for refugee status......... from IRELAND. I wonder about the world sometimes!!!!

 

[LeisaP]

I sent you an inbox message IrishinVancouver

 

[amikety]

Awesome guys! Cheers for that. We will definitely go and do that. With regards to sending them our joint tax returns.... what do we need to send CIC to prove we filed our taxes together? do we need to wait to get our tax back before sending off a form or can we do it before we send off our tax returns.

Also, last year we didn't file our tax forms together as we didn't realise we could or needed to...

I just got an email from an immigration lawyer that I contacted a while back.... His suggestion on how I should get PR in Canada..... apply for refugee status......... from IRELAND. I wonder about the world sometimes!!!!

Pretty sure Ireland made the list of no more refugee claims! I'm not going to bother to verify my claims because.... well... most of Western Europe made the list!!!! How ridiculous. Sad to think someone may be genuinely relying on that person for help.

You need a form called "Option C" for the sponsorship from Revenue Canada. I'm not sure how long it takes to prepare once you've filed, but you can always add it later if you don't get it in time. (It may add a small delay, so weigh it versus how long you would need to wait for it to be ready to file.)

 

[IrishinVancouver]

Hey LeisaP,

I can't reply to your private message for some reason but thanks that would be great if its not too much trouble!!

 

[Sweden]

Hey LeisaP,

I can't reply to your private message for some reason but thanks that would be great if its not too much trouble!!

you need 10 posts before you can answer to private messages, so keep posting!

Also - you need to establish that you have lived 12 months together to qualify. Then - you need to prove that the relationship is genuine... but that's 2 different things. You could be in a very genuine relationship for 5 years, and have all the proofs etc, if you can not prove that you have lived together for at least 12 months, you wouldn't qualify.

So - make sure you establish the 12 months living together first ( if you don't have a lease, get a declaration in front of a notary from your parents, and her parents, and get as much proofs as possible: any document that was sent to her, and to you, at the same time, or separate etc).

Then - you can also gather proofs of genuine relationship - that's usually not too difficult, and as you're from a visa-exempt country, you're not suspected to be with a Canadian to gain status. BUT - if you can't prove that you have lived 12 months together, having a genuine relationship won't help.

Good luck!
Sweden

 

[IrishinVancouver]

Man, the people on this forum are incredibely helpful!!!

First, cheers LeisaP for that. Its given me some great ideas.....

And - Sweden... we have signed documents from our parents saying we have lived together but not in front of a notary (not entirely sure what that is but I will look it up!) Will that do I wonder

Amikety .... this 'option C' form... will I be able to get that form through H&R block or similar??? I will prob file my taxes through them or another company....

 

[amikety]

No it's from Revenue Canada. Don't worry about it right now. Wait until you're ready to file.