Rules to add Common Law Partner

[ANKIT VAJPAYEE]

Hi Guys,
Thanks a lot in advance for all the help and guidance I will be get from you guys.

I am an Indian Citizen; Living / Working in Canada since August 2015 , was Sponsored here with LMIA while I was working in Thailand. I am about to apply for my PR ,and want to add my gf (fiance) as well in Common Law Partner category . I am not very sure how will we be able to show or proof our relationship , as she and I been doing long distance since 2015 (Thailand and Canada ) . Though she has Canadian TRV and been here 4-5 time since I have moved here and I have visited her 2 times during this period. Also we have visited each other's home town and parents during this period and before that .
We have been together for a while and have loads of pics together as well, and also with mutual friends along with each others parents and siblings , additional to that we have lot of travelling info together and messages. We don't have any bills or contract together or any bank account though.
We are planning for wedding but due to some reasons cannot do it before I will apply for our PR application.

- I need help to understand more about all the ways possible we can prove our relationship under Common Law Partner.

- Also , is it mandatory for her to also take English exam or my points should be enough for both of us ?

I have recently checked my points (adding her as Common law and without her English Score) score on CIC website and its 513 .

Look forward to hear from you guys soon.

Thanks,
Ankit

 

[Bs65]

For common law you must as I am sure you have read show you have physically lived together for 12 months minimum so other than marriage no way around this to apply for PR and to include her in the application as common law.. http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

You say that you score 513 but omit to state what your score is without common law .

 

[ANKIT VAJPAYEE]

Thanks A lot Bs65 , really appreciate your help.
I have 538 points if I omit Common Law terms.

 

[ANKIT VAJPAYEE]

I forgot to mention ,we did live together in Thailand for over 1 Year , before I moved to Canada. Will that be considered as 12 Consecutive months of living together for Common Law Partner ?

 

[jes_ON]

I forgot to mention ,we did live together in Thailand for over 1 Year , before I moved to Canada. Will that be considered as 12 Consecutive months of living together for Common Law Partner ?

Unfortunately, you need to have been living together in the 12 months preceding the application as well. She should have come with you when you first came to Canada.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

Your choices are to
(a) get a legal marriage before you apply, and apply as married.
(b) Apply on your own. If you get married before you get PR, then you can add her to the application.
(c) Apply on your own. If you get married after you get PR, you will have to sponsor her in the family class.

 

[canuck_in_uk]

I forgot to mention ,we did live together in Thailand for over 1 Year , before I moved to Canada. Will that be considered as 12 Consecutive months of living together for Common Law Partner ?

Do you have proof that you lived together for at least 365 days? If not, you may face issues including her.

Include her as your common-law partner anyways. That way, even if IRCC determines you do not have sufficient proofs of common-law, you have still declared her and can later sponsor her if needed.

Unfortunately, you need to have been living together in the 12 months preceding the application as well. She should have come with you when you first came to Canada.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

Incorrect. The 12 months does not need to be right before applying. Once a couple has lived together for a year, they are common-law. Provided they can show the relationship is continuing, they remain common-law.

 

[jes_ON]

Incorrect. The 12 months does not need to be right before applying. Once a couple has lived together for a year, they are common-law. Provided they can show the relationship is continuing, they remain common-law.

I agree that as long as the CL couple has not decided that the relationship has ended, they remain common-law.

However - I realize the link I posted was for family class sponsorship, rather than all PR applications, but I believe (not 100% sure) that IRCC will use the same guidelines. In this forum, you can find others that have been refused because they had been living separate from their CLP.

Perhaps the best course of action in this case would be a consultation with an immigration lawyer. Family status that does not clearly fit "inside the box" is always tricky.

 

[canuck_in_uk]

I agree that as long as the CL couple has not decided that the relationship has ended, they remain common-law.

However - I realize the link I posted was for family class sponsorship, rather than all PR applications, but I believe (not 100% sure) that IRCC will use the same guidelines. In this forum, you can find others that have been refused because they had been living separate from their CLP.

Perhaps the best course of action in this case would be a consultation with an immigration lawyer. Family status that does not clearly fit "inside the box" is always tricky.

I have never seen an app refused because a couple has lived apart after establishing common-law. I have seen many apps approved, including one with 3 years living apart after becoming common-law.

It is generally more defined for Family Class. See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control). Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

 

[jes_ON]

I have never seen an app refused because a couple has lived apart after establishing common-law. I have seen many apps approved, including one with 3 years living apart after becoming common-law.

It is generally more defined for Family Class. See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

So we have 2 pieces of guidance from IRCC that seem to contradict each other, both for family class. I see that it is possible (likely even) that the info in the link I posted, when referring to spending only short periods apart, means in that first year before becoming common-law.

I have seen them approved and disapproved, the latter likely involving errors on the part of the applicant. My suggestion to the OP remains - consult an immigration lawyer. Messing up on this marital status point can be costly.

 

[canuck_in_uk]

So we have 2 pieces of guidance from IRCC that seem to contradict each other, both for family class. I see that it is possible (likely even) that the info in the link I posted, when referring to spending only short periods apart, means in that first year before becoming common-law.

I have seen them approved and disapproved, the latter likely involving errors on the part of the applicant. My suggestion to the OP remains - consult an immigration lawyer. Messing up on this marital status point can be costly.

The are not contradictory. As you have surmised, the info you posted refers to separations during the initial year of establishing common-law.

I see no point in consulting a lawyer. If they cohabited continuously for one year, they are common-law and OP must declare her. It is then up to IRCC to decide if there is sufficient proof for her to be included in processing. Regardless, OP will have declared her and therefore will later be able to sponsor her if needed.

 

[jes_ON]

The are not contradictory. As you have surmised, the info you posted refers to separations during the initial year of establishing common-law.

I see no point in consulting a lawyer. If they cohabited continuously for one year, they are common-law and OP must declare her. It is then up to IRCC to decide if there is sufficient proof for her to be included in processing.

The point being, that the OP has already stated that he he doesn't know how to prove it, doesn't have any documents with both their names etc. Certainly it can be done without a lawyer, and I rarely suggest it. But this is too important to mess up, some people do better with assistance.