+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

ErzHerzog

Newbie
Aug 11, 2019
6
0
Hello everyone.
I am opening this topic with the intention of understanding whether me and my girlfriend should go down the common-law road or find other ways for me to migrate to Canada.

I will describe our situation, trying to be as concise and accurate as possible.

I am an Italian national who is currently living in his home country, while my girlfriend is a Canadian citizen living in Canada. We have been dating for almost 7 years now, but haven't decided to marry yet. We cohabited (lived together) continuously for a total of almost two years (11 months in Canada, 9 months in Italy and another 3 months in Canada). After this long period of living together we went on a long-distance relationship that has been lasting for several years now. The reason why we separated is simple: I wanted to graduate from university back in Italy, while my girlfriend wanted to start working on her career in Canada. I eventually graduated and managed to save up a good amount of money in the process. Throughout our years of long-distance relationship we saw each other very often, we travelled to see each other, went on holidays in third countries and so on. When we saw each-other, we spent 2 or 3 months together at a time.
Now we decided to end this period of long-distance and reunite once for all. So we have started gathering the necessary documents for Common-Law.

But here are the problems: we don't have a lease, a rent, a shared phone-bill or any legal agreement that could prove and support our application. The only thing we have is a shared bank-account, which I opened back in the past, when I worked in Canada. The bank-account statements show the address where we lived at, it shows the occasional expenses, but nothing more.
The reason why we don't have a lease to show is very simple: when I lived in Canada I stayed at the house she rented, when she lived in Italy with me, we stayed at my family house (where I obviously don't pay a rent!)

We have, however, other proofs we would like to use to support our application, and we think that certain elements could actually be sufficient to prove the authenticity of our common-law relationship.
These proofs are:

1.Flight tickets spanning from 2013 to now, that prove that our relationship is genuine and has been long-lasting.
2.Flight tickets to other countries where we went on holiday.
3.An immense amount of pictures where one can easily see us at different stages and different age (I looked quite younger 7 years ago!)
4.Family and friends willing to write declarations stating the genuineness of our relationship.
5.The fact that we are two people in their younger years, who would have no reason to migrate to another country if it wasn't for the reason of being together.

Now, considering that we don't have any legal document - apart from our shared bank account - proving that we cohabited together, but we have a lot of "minor" proofs, do you think we should try and apply or is our documentation insufficient? Should we just get married?
I hope somebody has had the patience to read this and can provide some helpful advice.

Thank you a lot in advance.
 
Common-law is not an option as you have not lived together for 12 straight months. Best choice for you is to get married.
 
  • Like
Reactions: Qwertypod
Agreed, you either need to live together for one continuous span of 12 months, or else get married.
 
Common-law is not an option as you have not lived together for 12 straight months. Best choice for you is to get married.

I might have not been clear.
We did live together for 12 consecutive months, we lived together for 23 consecutive months to be precise!
It's just that we spent 11 of those months living together in Canada, then moved together to Italy, lived there together for 9 months and then back to Canada, still together, for a final 3 months. Total: 23 months.
My question is: given what I wrote above, is my documentation sufficient for common law or not?
Thank you again for the time dedicated
 
I might have not been clear.
We did live together for 12 consecutive months, we lived together for 23 consecutive months to be precise!
It's just that we spent 11 of those months living together in Canada, then moved together to Italy, lived there together for 9 months and then back to Canada, still together, for a final 3 months. Total: 23 months.
My question is: given what I wrote above, is my documentation sufficient for common law or not?
Thank you again for the time dedicated

Yes, in that case you do qualify.

As to the question of whether the proof is enough, you should also add in all the messages/emails/phone records that show that you have been communicating for all these years. In addition to that, you should consult with a lawyer/immigration consultant that has experience with spousal sponsorship. They will be able to look at the actual documents/pictures/letters etc and give you a better opinion.

In general though, you should be OK once you add in the message/emails/letters/phone history.
 
  • Like
Reactions: ErzHerzog
After this long period of living together we went on a long-distance relationship that has been lasting for several years now.

So how many years have you been living seperately after establishing a common law relationship?
 
So how many years have you been living seperately after establishing a common law relationship?


That is another point of concern.
We have been on a long-distance for over 4 years now, although we did spend long times together during this same period (for example: I visited her for two months last spring, three months in the fall etc.) and we were living under the same roof.
 
Yes, in that case you do qualify.

As to the question of whether the proof is enough, you should also add in all the messages/emails/phone records that show that you have been communicating for all these years. In addition to that, you should consult with a lawyer/immigration consultant that has experience with spousal sponsorship. They will be able to look at the actual documents/pictures/letters etc and give you a better opinion.

In general though, you should be OK once you add in the message/emails/letters/phone history.

Thank you!

That is what I thought.
Let me ask you one more thing: would it be a quicker and easier process if me and my girlfriend were to get married? Does a spouse-sponsorship require less time than a common-law application?
 
Same time

But less problematic in terms of proofs required, right?
After all, having been together for almost 7 years, and wanting to live together for the many more, we are both starting to consider marriage as a more viable option (and natural consequence of our long-lasting relationship).
 
That is another point of concern.
We have been on a long-distance for over 4 years now, although we did spend long times together during this same period (for example: I visited her for two months last spring, three months in the fall etc.) and we were living under the same roof.
In that case you should get married since you are thinking about that independently of immigration status. You may not qualify as common-law now.
 
  • Like
Reactions: smallcoffee