Question about common law.

[jxh89]

Hi ,all

I am going to apply cec under noc type b. Basically I got everything ready,just confused about common law. My situation is,I am living with my girl friend almost a year,like 11 months.But she is not qualify for apply cec now,due the working hours. So,do I need to change my marital status from single to common law?If so, Do i have to provide her personal information such as "personal background check"and "traveling history"?
If not,Do I need to inform cic after????

thx for help!

 

[pmpm]

Hi ,all

I am going to apply cec under noc type b. Basically I got everything ready,just confused about common law. My situation is,I am living with my girl friend almost a year,like 11 months.But she is not qualify for apply cec now,due the working hours. So,do I need to change my marital status from single to common law?If so, Do i have to provide her personal information such as "personal background check"and "traveling history"?
If not,Do I need to inform cic after????

thx for help!

doesn't common law status require a joint stay of 12 months period? There are very clear directions in instruction guide for what CIC calls common law. It should help you.

 

[Miranja]

Hi ,all

I am going to apply cec under noc type b. Basically I got everything ready,just confused about common law. My situation is,I am living with my girl friend almost a year,like 11 months.But she is not qualify for apply cec now,due the working hours. So,do I need to change my marital status from single to common law?If so, Do i have to provide her personal information such as "personal background check"and "traveling history"?
If not,Do I need to inform cic after????

thx for help!

for CIC common law partner mean - you have lived continuously with your partner in a marital-type relationship for a minimum of one year. so if you living with her for almost a year you can. but you have to fill the application IMM-5409 too. and she has to complete her back ground check (IMM-5669), additional family information (IMM-5406) and you have to fill dependant section on generic application (IMM-0008). further you have to show. (it will help to susses your application), joint account, prove to declared your common low union under the canadian income tex, jointly sign residential lease or mortgage, if you have a life insurance where you put your partner s beneficiary. if you have some of these it will be help to susses your application. Don't forget CIC is always aware about marriage fraud. so if you fail to satisfy you relationship with your CLP, they will reject it.

 

[amikety]

If you plan on continuing your relationship with her, you need to include her. By the time CIC opens your application, you will be common-law. If you don't include her, it could cause problems later - especially if she tried to apply for PR later. You could be hit with misrepresentation and stripped of your PR.

What you can do also is mail the application as single, then in 2-3 months, update your status to common-law and mail in the supporting documents. That will also be fine.

Personally, I would include the documents NOW with a note saying: "At the time of filing, I was into 11 months of cohabitating with my wife (yes, say wife - not girlfriend). By the time this application is processed, we will be a legal common-law couple, so I included her information and our common-law proof to keep the application streamline and together."

 

[pmpm]

Personally, I would include the documents NOW with a note saying: "At the time of filing, I was into 11 months of cohabitating with my wife (yes, say wife - not girlfriend). By the time this application is processed, we will be a legal common-law couple, so I included her information and our common-law proof to keep the application streamline and together."

Disagree because if you mention WIFE, you will need to attach a copy of marriage certificate. In the letter (as suggested by amikety) if you mention common law partner, that should be fine as long as you show intention that you both are going to maintain this status by providing the documents (as listed in Inst. guide).

 

[zardoz]

Don't forget, she will have to do a medical as well.

 

[kapitan]

@zardoz Does she need to include the medical tests in the application with you, or can this be done in a second time? How does it work when you are amending your application in order to include you Common-law partner?

 

[zardoz]

@ zardoz Does she need to include the medical tests in the application with you, or can this be done in a second time? How does it work when you are amending your application in order to include you Common-law partner?

If you don't provide an "upfront medical", CIC will request one later. It may delay the application a little however.

 

[jes_ON]

http://www.cic.gc.ca/english/immigrate/skilled/apply-how.asp

"Do not complete any medical exam until you get an Invitation to Apply. You must have a medical exam before you can become a permanent resident. Your family members must also have one, even if they are not coming with you."

Basically, you will treat your common-law partner as a spouse (follow all the directions as for a spouse, including forms, medical exams and police clearances), with a couple of exceptions. Obviously you won't submit a marriage certificate, but you will have to prove your status as common-law partners.

When you have been living together for 1 year, you need to file your "Change of Marital Status" form with the CRA. Do it on paper (not telephone) so that you have one of the documents accepted as proof.

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/prsnl-nf/mrtl-eng.html

Other pieces of evidence that CIC asks for include leases, bills etc. with both of your names on it, joint bank accounts, that kind of thing.

If you are just shy a month of that magic 12-month mark, I suggest waiting to apply until you are legally common-law partners.

Otherwise, technically you would have to apply as a single and then change your status during processing. Which, you can do, but it's just so much easier if you wait and apply as a couple.