Outland Common Law Partner Sponsorship

[addyryoo]

Hello beautiful people!

I'm a Canadian and I'm planning to apply for a common-law sponsorship application by myself (trying to save $3k).
My partner and I have been staying together at the same address in Vietnam from November 20, 2024, which was the date I returned to Vietnam, and I'm planning to stay here until November 20, 2025 to complete our 1-year-cohabitation, then go back to Canada since work requires.
The house is under my mother's name, and we have a rent contract listing my mother as the LEASER, and both of us as the LEASEES.
Can we show the rent contract as our proof of 1-year cohabitation at the same address? Or is it not enough?
Also, during the time from Nov 20, 2024, we travelled together overseas as well, will those days that we were overseas affect our 1-year commitment?

Appreciate your insights in advance!!!

 

[Naturgrl]

Is that all you have to prove continuous co-habitation? Want to joint bank accounts, utilities, investments or other documents that have a joint address since your mother is the "landlord".

 

[addyryoo]

We have our joint bank account, and saving account together.
For utilities bills it's pretty tricky since in Vietnam, there's no such thing as a joint utilities bill. I'm paying for electricity and water, so my name is on those bills, but my partner pays for the internet at the address.

 

[Naturgrl]

We have our joint bank account, and saving account together.
For utilities bills it's pretty tricky since in Vietnam, there's no such thing as a joint utilities bill. I'm paying for electricity and water, so my name is on those bills, but my partner pays for the internet at the address.

As long as your joint bank accounts is a year old then should be okay.

 

[addyryoo]

Our joint bank account was fairly recent. Since I was the one who was supporting my partner I've been transferring from my account to her a lot. Can we use those transactions from individual accounts as well?

 

[Naturgrl]

Our joint bank account was fairly recent. Since I was the one who was supporting my partner I've been transferring from my account to her a lot. Can we use those transactions from individual accounts as well?

No. Your bank account should be a year old. All you have to prove common law is a lease and mother is the owner. You need to show documents of a shared address for at least a year.

 

[armoured]

No. Your bank account should be a year old. All you have to prove common law is a lease and mother is the owner. You need to show documents of a shared address for at least a year.

I'd add, strongly recommend not just 12 months but some extra, I'd say at least a month more - and that's assuming the documents and other proofs are strong and in order. IRCC absolutely will start counting from the day that they feel the documents are well evidenced. (And lease from a relative is not the strongest)

In all seems rather a way of avoiding simply getting married - and while officially that's not forbidden, it will tend to raise questions (as in, what are applicants avoiding , and if they are, is it because they don't want a 'real' marriage).

 

[Ponga]

I'd add, strongly recommend not just 12 months but some extra, I'd say at least a month more - and that's assuming the documents and other proofs are strong and in order. IRCC absolutely will start counting from the day that they feel the documents are well evidenced. (And lease from a relative is not the strongest)

In all seems rather a way of avoiding simply getting married - and while officially that's not forbidden, it will tend to raise questions (as in, what are applicants avoiding , and if they are, is it because they don't want a 'real' marriage).

Absurd assumption, IMHO.

 

[armoured]

Absurd assumption, IMHO.

That's a fair comment and I should have phrased rather differently (although perhaps my point was not 'absurd', it definitely overstated/made inferences that weren't / arent' clear based on what little is known of circumstances).

So here's a rephrasing: depending on circumstances, IRCC may question whether the common-law relationship is genuine (if there are no obvious reasons for not simply getting married), depending on factors such as travel/actual residence of sponsor, time together, and relationship evidence available. While going the common law route isn't forbidden, an officer evaluating may make inferences and investigate further.

 

[addyryoo]

The reason why we couldn’t get married was because it is not legal for same sex marriage in Vietnam.

We even travelled to Thailand for 2 weeks to see if we could get married there since they made it legal but it was unsuccessful since the Vietnam embassy refused to issue the required document for us to get married in Thailand.
A lot of efforts made but all in vain.

 

[Buletruck]

The reason why we couldn’t get married was because it is not legal for same sex marriage in Vietnam.

We even travelled to Thailand for 2 weeks to see if we could get married there since they made it legal but it was unsuccessful since the Vietnam embassy refused to issue the required document for us to get married in Thailand.
A lot of efforts made but all in vain.

Been there and have sponsored under this exact scenario. Applied common law for my Indonesian spouse we did have about 13 months when we applied, but circumstances were even more complicated. Lived together 3 months in Indonesia, I moved for work to Thailand where she could only visit for 30 days at a time. No joint bank accounts, no joint utilities. Just passport entry and exit into Thailand, attached boarding passes. Did have photos of a friends visit during that period and my family conversed with her frequently. Any travel we did, we include the joint booking and receipts indicating our travel dates (I did a spreadsheet documenting dates showing when we were together at different location, including copies of my passport pages). Strong reference letters from family, friends and my co-workers and employer. No marriage, no questions and no problem. COPR was recieved in less (significantly) than posted processing times.

Just make sure all the dots connect. Even if there times apart, detail the reasons why. You should be fine.

 

[armoured]

The reason why we couldn’t get married was because it is not legal for same sex marriage in Vietnam.

We even travelled to Thailand for 2 weeks to see if we could get married there since they made it legal but it was unsuccessful since the Vietnam embassy refused to issue the required document for us to get married in Thailand.
A lot of efforts made but all in vain.

I'd suggest a short letter of explanation that this is why you have not been able to be married. Given these circumstances, and well explained (as above), I doubt you will have any troubles with the examination by IRCC of your common law evidence. (I.e. the inferences I suggested are possible will be addressed by your letter explaining why).

(After AOR, you can also apply for a TRV for your spouse, and if/when granted, travel to Canada and get married there, if you so desire)

In addition: you should be eligible to apply on basis of a conjugal partner (as long as your relationship is longer than 12 months) and can consider whether you wish to do so at this point (i.e. earlier):
https://www.canada.ca/en/immigratio...rtner-dependent-child-complete-guide.html#who

Now to be clear: if you're confident your common law documentation etc is in basic good order, and you have no trouble remaining and applying when you have the requisite time period, that's probably easier and more straightforward than the conjugal app.

It's specifically designed so that those who cannot live together, and in my view (supported by multiple applications that have been successful), you as the Canadian are NOT required to live abroad in order to meet the common law test. I.e. if you decided that you need to get back to Canada earlier (for whatever reason) and/or travel so much that the common law might be questioned, it should not undermine your application. (And in my view you could have applied before, from Canada)

In addition: it's confirmed fact that IRCC MUST consider if you become common law/married while the application is being processed, ie. you can effectively change it to the married / common law status. If you did decide it would be important for you to apply this way (i.e. needed to return to Canada / seriously concerned about the common law test) you'd simply include a letter of explanation that you are applying now as conjugal b/c circumstances prevent you from staying long enough / demonstrating your cohabitation (etc).

Now, this may or may not be worthwhile in your case since you've already spent >10 months together living abroad and will be common law soon. (There is some confusion - lack of clarity - about whether the 'cannot live together' applies if the Canadian can reside abroad - but I don't think that's a serious issue, the conjugal path is about whether, in part, Canadians should be 'forced' to live abroad to sponsor their partners in such circumstances. (There are lots of places where cohabitation is not really safe for those in same sex relationships)

 

[addyryoo]

Been there and have sponsored under this exact scenario. Applied common law for my Indonesian spouse we did have about 13 months when we applied, but circumstances were even more complicated. Lived together 3 months in Indonesia, I moved for work to Thailand where she could only visit for 30 days at a time. No joint bank accounts, no joint utilities. Just passport entry and exit into Thailand, attached boarding passes. Did have photos of a friends visit during that period and my family conversed with her frequently. Any travel we did, we include the joint booking and receipts indicating our travel dates (I did a spreadsheet documenting dates showing when we were together at different location, including copies of my passport pages). Strong reference letters from family, friends and my co-workers and employer. No marriage, no questions and no problem. COPR was recieved in less (significantly) than posted processing times.

Just make sure all the dots connect. Even if there times apart, detail the reasons why. You should be fine.

Hi,

Will you be able to share which stream did you apply for?
Was it Common Law or Conjugal?

Thank you!

 

[addyryoo]

I'd suggest a short letter of explanation that this is why you have not been able to be married. Given these circumstances, and well explained (as above), I doubt you will have any troubles with the examination by IRCC of your common law evidence. (I.e. the inferences I suggested are possible will be addressed by your letter explaining why).

(After AOR, you can also apply for a TRV for your spouse, and if/when granted, travel to Canada and get married there, if you so desire)

In addition: you should be eligible to apply on basis of a conjugal partner (as long as your relationship is longer than 12 months) and can consider whether you wish to do so at this point (i.e. earlier):
https://www.canada.ca/en/immigratio...rtner-dependent-child-complete-guide.html#who

Now to be clear: if you're confident your common law documentation etc is in basic good order, and you have no trouble remaining and applying when you have the requisite time period, that's probably easier and more straightforward than the conjugal app.

It's specifically designed so that those who cannot live together, and in my view (supported by multiple applications that have been successful), you as the Canadian are NOT required to live abroad in order to meet the common law test. I.e. if you decided that you need to get back to Canada earlier (for whatever reason) and/or travel so much that the common law might be questioned, it should not undermine your application. (And in my view you could have applied before, from Canada)

In addition: it's confirmed fact that IRCC MUST consider if you become common law/married while the application is being processed, ie. you can effectively change it to the married / common law status. If you did decide it would be important for you to apply this way (i.e. needed to return to Canada / seriously concerned about the common law test) you'd simply include a letter of explanation that you are applying now as conjugal b/c circumstances prevent you from staying long enough / demonstrating your cohabitation (etc).

Now, this may or may not be worthwhile in your case since you've already spent >10 months together living abroad and will be common law soon. (There is some confusion - lack of clarity - about whether the 'cannot live together' applies if the Canadian can reside abroad - but I don't think that's a serious issue, the conjugal path is about whether, in part, Canadians should be 'forced' to live abroad to sponsor their partners in such circumstances. (There are lots of places where cohabitation is not really safe for those in same sex relationships)

Really appreciate your response.

We're in a genuine relationship, and in my opinion, common law seems to be the right path, however, due to the strict regulations in Vietnam, it is a bit difficult to provide all of the "reasonable" proof of common law, i.e. shared utilities bills, etc.
I am able to obtain a Confirmation of Residence from the local authority to prove that we both reside at the same address, and planning to use that to support our application.
I was fortunate enough that my company allows me to WFH, from literally anywhere in the world, but it's the timezone difference that makes it pretty hard for me to maintain the work-life balance, since I have to work late at night, it's not healthy, so I'm hoping and planning to travel back to Canada and reside within Canada with my partner (once her visa has been granted of course). Planning to state this fact as well.

My concern is right now I'm not entirely sure if we should apply as Common law partners, or Conjugal partners - as we also seem to fit within the Conjugal stream but I learned that it is way more difficult to prove Conjugal.

 

[armoured]

My concern is right now I'm not entirely sure if we should apply as Common law partners, or Conjugal partners - as we also seem to fit within the Conjugal stream but I learned that it is way more difficult to prove Conjugal.

This is only my opinion, so you'll have to decide for yourself, but: if you are determined to wait until your partner can travel with you, and it's tenable (even if not fun) for you to wait it out another month or so (until a bit after your 12-month period), then I would apply as common law. Again, though, I think you should explain that you are applying as common law / not as married because of same sex. (You'll have to decide whehter you've documented relationship and residency together sufficiently - key often is showing a starting date).

If you were six months away from being common law, I wouldn't suggest waiting. There are some other circumstances, too - as I mentioned, for example, if you anticipated having to leave before getting to that 12-month point, for example.

It's always hard to say with conjugal relationships because there are a lot of specific factors (not always obvious to outsiders/from forum posts). For example: the 'applied for and refused Canadian visa' is pretty core (and some also don't realise they have to demonstrate in some way inability to get married). Many in conjugal haven't spent a lot of physical time together (or at least that's my impression), or similar weaknesses in documenting relationship.

Good luck.