is there a big difference between spousal and common law:

[raycrawford]

Just wondering if the common law applications are as successful as the spousal, assuming all evidence is equal? I read so many times where common law is so tricky?

If you have been together for over a year and have all the required documents, why is it so tricky?

Is there anything I am missing here?

Regards,

Ray

 

[RobsLuv]

It's just that a common-law application requires not only that you prove yours is a genuine relationship, but that you also prove that you meet the eligibility requirements to be considered common-law partners.

Section 5.34 of the OP2 processing manual describes it this way: "A common-law relationship is fact-based and exists from the day in which two individuals demonstrate that the relationship exists on the basis of the facts. The onus is on the applicants to prove that they are in a conjugal relationship and that they are cohabiting, having so cohabited for a period of at least one year, when the application is received at CPC-M. A common-law relationship is legally a de facto relationship, meaning that it must be established in each individual case, on the facts. This is in contrast to a marriage, which is legally a de jure relationship, meaning that it has been established in law."