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Please help: question regarding Common Law status and change of marital status.

abrvalg

Full Member
Feb 3, 2015
23
2
Hi all,

My application is currently in process (AOR received) with medicals request being expected (assuming not adding family member, which will clearly not be the case) sometime in September 2015.

Me and my Fiance have been living together (in a home we jointly own and jointly hold mortgage on and have a certificate of title) since 30-July-14. We are getting married on 21-August-15. However, from my understanding of common-law status, we can be considered common-law on 30-July-15. My fiance is a study permit holder while I am a work permit holder. Both of us are inside Canada and have been for several years.

First question: is common-law status something triggered automatically or is it something we need to deliberately claim first? Considering that our marital status is getting changed to married 21 day after we qualify for common law, can we consider ourselves still single for that 21 day period, or are we common-law automatically and must notify CIC on July 30?

Second question: how long will we have to assemble all the documents for my spouse?

Third question: what forms do I need to send? I got the following list from the CIC site (Guide 5527 - Application for Permanent Residence, Temporary Resident Permit Holder):

1. Police clearance certificate
2. Additional Dependants/Declaration Form (IMM 0008DEP)
3. Schedule A – Background/Declaration (IMM 5669)
4. Additional Family Information (IMM 5406)
5. Extra fee payment for additional member.
6. Photocopies of my spouse's passport and study permit.

Please let me know if any additional documents are needed or if any of the above documents are not needed.

Fourth question: It is a good idea to send the following letter to CIC on July 30? If so, I should send it by registered mail, right?

The letter:

Getting married soon and reaching 1 year of living together with my partner while my application (# EXXXXXXXXX) is in progress.

Dear Officer,
My application for Permanent Residency under the Canadian Experience class (# EXXXXXXXXX) is currently in progress (I got my file number, but do not have a medical request yet). At the time of the application, I was not married or in a common law status and, therefore, applied as a sole applicant. However, I and my Fiancé, <name>, are getting married in the near future (21-August-2015), which most likely will be prior to my application being processed. In addition, I and my Fiancé have purchased a house and have been living together since 30-July-2014, as can be seen from the Certificate of Title included with this letter. Therefore, we have been living together in a house we own together with mortgage under both our names for a year.
I am not sure if we are thus automatically considered to be in a common law relationship at this point or if a common law relationship is something we need to claim. If we are automatically considered common law, please consider this letter as a notification regarding change of my marital status. On 21-August-2015, my marital status will change to married and I will mail the marriage certificate CIC.
My Fiancé (who will become my spouse on 21-August-2015) is a foreign student (from P. R. China) in Canada under a study permit (she is finishing her Ph.D. studies). Therefore, I plan to include her in my application.
I am, however, confused regarding:
• What exact documents we shall need to submit
• When we should submit the required documents
• How we should submit the documents
• How and when we should pay additional fees (for additional family member).
Please advise regarding how I should proceed.
Thank you for your kind advice. If you have any questions or concerns, please do not hesitate to contact me at my email <email> or my phone number <telephone number>.
- <my name>


Thank you all for your kind advice!
 

scylla

VIP Member
Jun 8, 2010
93,178
20,655
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You are common law as soon as you've lived together for one year (so in your case as of July 30, 2015).
 

abrvalg

Full Member
Feb 3, 2015
23
2
I see. Thank you.

So, on 30 July I should send a notification to CIC that I am now common law (and explain regarding the upcoming wedding)? I do not see any reason to fill documents though since the status will change again in 3 weeks.

How should I notify CIC? By email, send them a hard letter or both?