Canada landing situation changed

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Old Mar 8th 2015, 7:36 am
  #16  
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Default Re: Canada landing situation changed

Originally Posted by Siouxie
You may want to read the manual as it explains what the basis is. http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

Thanks for the link, we are going to put in an application and see what happens as the link says it's up to us to prove "conjugal relationship and that they are cohabiting" all the lease proves is that we were cohabiting and we have proof that we defiantly weren't in a conjugal relationship at the time we moved in but started a few months later.

This would mean when I activated my PR we wouldn't have been classed as common-law until a few months after. We can only give them all the evidence and let them decide and at the end of the day if we can't both stay in Canada we would move anyway.
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Old Mar 8th 2015, 4:10 pm
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Default Re: Canada landing situation changed

Originally Posted by MountainHiker
Thanks for the link, we are going to put in an application and see what happens as the link says it's up to us to prove "conjugal relationship and that they are cohabiting" all the lease proves is that we were cohabiting and we have proof that we defiantly weren't in a conjugal relationship at the time we moved in but started a few months later.

This would mean when I activated my PR we wouldn't have been classed as common-law until a few months after. We can only give them all the evidence and let them decide and at the end of the day if we can't both stay in Canada we would move anyway.
The lease is one thing, what about the joint bank accoun you mentioned, you had this before you got PR you stated.
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Old Mar 8th 2015, 4:22 pm
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Default Re: Canada landing situation changed

Originally Posted by MountainHiker
On second thoughts upon reading the following from Canada immigration website.

If you take it from the date we moved in together It would be a problem. If we take it from a date we decided to be in a "relationship like a marriage". ie. Date we got a join back account or date we got engaged then it would be 3-8 Months after I got PR.

As it's not like we have any evidence we were in a committed relationship when I activated my PR, we just have a lease and that I had known her for 3 months..
The OP and his partner never got a joint bank account etc until 3 months after his PR. I have the feeling he can prove no relationship, rather just house mates is that one of you was already in a relationship, and you guys got together when that relationship failed? Having re-read the entire thread, as a Layman, you guys are doing nothing wrong.

If it was me, as a layman, I would apply and if any questions got asked state as you said above, we shared a house, got to know each other, and one night...
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Old Mar 8th 2015, 6:02 pm
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Default Re: Canada landing situation changed

Originally Posted by MountainHiker
I even went on holiday without her but we were still dating.
How long was this Holiday? Because it seems that if it was the other way around (i.e. you trying to prove you WERE common law all this time) this separation alone could make CIC reset the countdown to when you came back, and didn't leave your girlfriend alone anymore. CIC seems to be very concerned about trips one of the parties takes alone, they seem to be a red flag when you are in a common law relationship!

I'd consider the date you started your common law relationship as the day you moved into the same bedroom and opened a joined bank account.
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Old Mar 8th 2015, 6:10 pm
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Default Re: Canada landing situation changed

Hi Mountain Hiker,
I just want to say sorry for the stress of this situation. Maybe it would be worth talking to a lawyer in addition to this forum. When I did my FSW application, I over 'thought' one of my job codes (and to be fair to me, it genuinely could sit in 2 different codes and is completely legitimate in my field of work) but translating that to CIC sometimes is a question and the stress of even thinking that they would think that it was wrong, gave me many many sleepless nights.
So I would say given this is your PR application, and if you do want to stay in Canada, speak to a lawyer for some objective advice as well. Just make sure you get a good one, one hour should be more than enough for them to advise you. I would also counsel against misrepresentation to CIC also - put down your facts and examine them carefully.
Good luck with everything.
D
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Old Mar 8th 2015, 6:39 pm
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Default Re: Canada landing situation changed

Originally Posted by dishwashing
Hi Mountain Hiker,
I just want to say sorry for the stress of this situation. Maybe it would be worth talking to a lawyer in addition to this forum. When I did my FSW application, I over 'thought' one of my job codes (and to be fair to me, it genuinely could sit in 2 different codes and is completely legitimate in my field of work) but translating that to CIC sometimes is a question and the stress of even thinking that they would think that it was wrong, gave me many many sleepless nights.
So I would say given this is your PR application, and if you do want to stay in Canada, speak to a lawyer for some objective advice as well. Just make sure you get a good one, one hour should be more than enough for them to advise you. I would also counsel against misrepresentation to CIC also - put down your facts and examine them carefully.
Good luck with everything.
D
Originally Posted by Jo&Alex

I'd consider the date you started your common law relationship as the day you moved into the same bedroom and opened a joined bank account.
i agree with both posters point of view, candidly, spend $200 and get an answer from a professional, I think your golden and nothing to worry about...but I haven't spent years in the Industry, asking me is kind of like asking a plumber to wire a house...he might have an idea, but it's not his trade, and if you trust him the same way you would an electrician and it goes bang he didn't mean it, and had best intentions, but it's your home that goes up in smoke.
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Old Mar 8th 2015, 11:15 pm
  #22  
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Default Re: Canada landing situation changed

One important question is going to be "when did you start dating"... when did you first become a couple. Regardless of when you considered it to be "marriage-like", that date is going to be VERY important.
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