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Some Questions About The Common Law Sponsoring Application/Forms

V_

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Feb 26, 2015
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Hello!

I'm in the process of preparing the application for Common Law Sponsoring-Outland with my partner and I came across few questions.

1) I lived with my partner for 5 years in Chile before coming back to Canada. Each year for the first 3 years I came back to Canada alone for about 2 months and a half to visit my family. In the IMM5409 form there is a place where it mentions "We solemnly declare that we have cohabited in a conjugal relationship for ___ continuous years from ____ to ____. Even though we have been separated for 2-3 months each year but maintained the communication/relationship, can I put 5 years and explain the details in our relationship story document?

2) We will include a document about the story of our relationship to give more explanation. Should we write 2 stories, from the point of view of the Sponsor and the Sponsored, or just one from the Sponsor will be enough? Can we put this story document in reference when they ask for more details on the different forms?

3) We are in living in Quebec, so there are some forms that I don't have to fill out, like IMM 5481. Should I still print them and include them and write N/A on them?

4)On the Sponsored form IMM5490, they ask: "Was there a ceremony to celebrate your partnership, if no, explain why". We are common law partners and we did not make any ceremony...Kinda confused by that. What could be the answer?

5) Finally, how to make sure we have the latest version of the form before sending them? Where to see the dates of the forms?

THANKS AGAIN! As always, your help is really appreciated...I hope someone can help!:)
 

Rob_TO

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V_ said:
1) I lived with my partner for 5 years in Chile before coming back to Canada. Each year for the first 3 years I came back to Canada alone for about 2 months and a half to visit my family. In the IMM5409 form there is a place where it mentions "We solemnly declare that we have cohabited in a conjugal relationship for ___ continuous years from ____ to ____. Even though we have been separated for 2-3 months each year but maintained the communication/relationship, can I put 5 years and explain the details in our relationship story document?
Common-law requires 12 continuous months. Anytime you left to Canada for 2-3 months, your cohabitation would have ended and re-started again upon your return. So unless you have a 12 month continuous stretch that you never left to Canada for several months, and have proof of cohabitation during this time, you may not qualify under common-law.
 

V_

Star Member
Feb 26, 2015
61
1
Category........
Visa Office......
Mexico (Chile)
Job Offer........
Pre-Assessed..
App. Filed.......
May 4th 2016
Doc's Request.
August 30th 2016: Police Cert from Canada
Nomination.....
SA June 23rd 2016. CSQ: app. received June 30th 2016, CSQ received August 22nd 2016
AOR Received.
AOR1 none, AOR2: August 17th 2016
File Transfer...
On Ecas: July 15th 2016
Med's Done....
Upfront: Feb 19 th 2016
Hi Rob!

Thanks for your reply. Yes, from sept 2013 to May 2015 I did not leave Canada and we have proof that we lived together (letters, bills, etc).

But still I was wondering if I could put 5 years of "cohabited in a conjugal relationship", cause while I was away for 2 months, we were maintaing the relationship.

Thanks!
 

canadianwoman

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Two or three months apart would break the cohabitation requirement. You have enough continuous time together; I would just use those dates. Then in your relationship letter you can just explain that you were living together for longer than that, but because you had gone back to visit family, you didn't include that time in the official declaration.

You can just say no, you did not have a ceremony. The explanation can be that having a ceremony is not normal in your culture.