Common Law

Old Feb 19th 2008, 2:56 pm
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Default Common Law

Just tried the online self-assessment again, just to be sure of the score and I'm not sure how to answer the "family in Canada" question: Family in Canada (parent, grandparent, aunt, uncle, sister, brother, niece, nephew, child or grandchild, spouse or common-law partner who is a Canadian citizen or permanent resident living in Canada)

I am my partner's common-law partner who is a Canadian citizen and living in Canada but how do we know if they will accept me as a common-law partner...what do we have to do to prove this? Anyone know anything about it?
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Old Feb 19th 2008, 3:15 pm
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Default Re: Common Law

Hey

Have a read of this thread and all the links within it.

Also L'il Bear has just been through the whole common-law sponsorship thing so have a search on some of his threads - he has written quite a bit.

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Old Feb 19th 2008, 3:18 pm
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Default Re: Common Law

You'll need to provide them with evidence to convince them that you've been living together in a conjugal relationship for a year or more. Things like:
  • Joint bank statements
  • Joint tenancy agreements
  • Being on each other's life insurances policies
  • Joint mortgage
  • Filing taxes as a common law couple in Canada
  • Photos of you together - things like weddings are good
  • Letters from people who know you confirming your relationship

That kind of thing. It probably wouldn't hurt to include a statutory declaration of common law union:

http://www.cic.gc.ca/ENGLISH/pdf/kit...s/IMM5409E.PDF
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Old Feb 20th 2008, 1:17 am
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Default Re: Common Law

Originally Posted by newfiegurl
Just tried the online self-assessment again, just to be sure of the score and I'm not sure how to answer the "family in Canada" question: Family in Canada (parent, grandparent, aunt, uncle, sister, brother, niece, nephew, child or grandchild, spouse or common-law partner who is a Canadian citizen or permanent resident living in Canada)

I am my partner's common-law partner who is a Canadian citizen and living in Canada but how do we know if they will accept me as a common-law partner...what do we have to do to prove this? Anyone know anything about it?
Why are you doing the points assessment for skilled workers - do you not want to immigrate via the family class, being sponsored by your common-law partner?
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Old Feb 20th 2008, 8:14 am
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Default Re: Common Law

Originally Posted by Biiiiink
Why are you doing the points assessment for skilled workers - do you not want to immigrate via the family class, being sponsored by your common-law partner?
I think it best to apply under the skilled worker category and there is a question about having family/partner already living in Canada for which you can gain points. I live with my partner but we have not been living together for a year so I guess we couldn't get points under that category. We have enough points with out it but just enough...67!
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Old Feb 20th 2008, 8:20 am
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Default Re: Common Law

Originally Posted by newfiegurl
I think it best to apply under the skilled worker category and there is a question about having family/partner already living in Canada for which you can gain points. I live with my partner but we have not been living together for a year so I guess we couldn't get points under that category. We have enough points with out it but just enough...67!
Fair enough. But you realise the huge difference in processing times?

There's no point system in the family class - you can apply when you've lived together for 12mths. It takes about 3-6mths from start to finish via London (some longer, some shorter, just giving you a rough idea).

Skilled worker (the points one) is taking about 5yrs start to finish at the moment
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Old Feb 20th 2008, 9:24 am
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Default Re: Common Law

Originally Posted by Biiiiink
Fair enough. But you realise the huge difference in processing times?

There's no point system in the family class - you can apply when you've lived together for 12mths. It takes about 3-6mths from start to finish via London (some longer, some shorter, just giving you a rough idea).

Skilled worker (the points one) is taking about 5yrs start to finish at the moment
It doesn't take as long if you're already living in Canada with a temporary work permit...I think the 5 years applies to people applying from outside the country without arranged employment.
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Old Feb 20th 2008, 9:54 am
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Default Re: Common Law

Originally Posted by newfiegurl
It doesn't take as long if you're already living in Canada with a temporary work permit...I think the 5 years applies to people applying from outside the country without arranged employment.
I'm sure you're right, it won't be 5yrs in that case. Out of interest, how long will your intended route take?

Back to the original question though, if you can't claim a common-law relationship for the family class application because you haven't lived together long enough, how can you claim a common-law relationship for the extra points in a skilled worker app? Would CIC's 12mth definition of a common-law relationship not apply to both?

Edit: afterthought - just read your first post properly and agree that CIC don't actually say "common-law partner" as a relative anyway.

Award five points if the applicant or accompanying spouse or common- law
partner has a relative (parent, grandparent, child, grandchild, child of a
parent, child of a grandparent, or grandchild of a parent
) who is residing in Canada and is a Canadian citizen or permanent resident.


Assuming they would agree yours was a common-law relationship, it sounds like you might not be eligible for 5 points for a common-law partner anyway Maybe one of the experts can answer that or tell us if "R83" is any more expansive about the relatives allowed, or if the list is complete?

Last edited by Biiiiink; Feb 20th 2008 at 10:34 am.
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Old Feb 20th 2008, 10:41 am
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Default Re: Common Law

Originally Posted by Biiiiink
I'm sure you're right, it won't be 5yrs in that case. Out of interest, how long will your intended route take?
Probably about 4-6 months.
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