deaney

Evening All,

My girlfriend (Scottish) any myself (English) would like to apply under the CEC, I will have had a years work experience in my field this year in April 2014. She would be required to apply using my experience as the main applicant.

Her job comes under the right NOC code, and would be eligible as of 15th September 2014. We would have lived together as of 1st September 2014.

We wanted to beat the October 2014 deadline and then whole 12,000 cap and apply when I am eligible in April.

The issue comes that we did not live together prior to our time in Canada from 1st September 2014.

We started dating in 2011 and she moved home after her TWP expired in Aug 11, I moved home when my TWP expired in Dec 11. I did not choose to move up to Scotland, during March 2012 sadly my grandmother passed away and my father returned to take over her council property, I had to support him emotionally during this time and also financially (without formal proof). We chose to move back to Canada in August 2013.

Does anyone have experience of the CEC and there common-law guidelines? is it set in stone that we must 100% have lived together.

I have read story's of people not providing proof of this until there application is 'reviewed' sometimes taking a year? could we post-date our common-law'ness? we do have a lease showing a one year term here until 1st Sep 2014.

Also I have read horror stories of people not providing 'enough' proof of common-law relationships despite photos and letters from family and friends.

Any help would genuinely be appreciated, were trying to save ourselves money on paying an immigration lawyer mega bucks for what seems to be a few more in depth questions and forms over a standard IEC application.

Thank you!
Deaney



From the cec website - - -

Common-law partner
Refers to a person who is living in a conjugal relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.

This can be shown with evidence that the couple share the same home, that they support each other financially and emotionally, that they have children together, or that they present themselves in public as a couple.

Common-law partners who are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control (for example, civil war or armed conflict) may still qualify and should be included on the application.

From the CEC Common-law form - - -

My common-law partner and I:
a) Have jointly signed a residential lease, mortgages or purchase agreement relating to a residence in which we both live.
b) Jointly own property other than our residence.
c) Have joint bank, trust, credit union or charge card accounts.
d) Have declared our common-law union under the Canadian Income Tax Act. (T-1 "General Individual Invome Tax Return")

Siouxie

You must have lived together for a minimum of 12 months to be classified as common-law under CIC Immigration regulations. There is no getting around this, given your circumstances; just because you both had to / chose to remain in your respective countries for family/work reasons. Unfortunately, they are not valid reasons as to why you could not live together (according to regulations).

The part in red that you quoted if for cases where, for example, people cannot live together as they would be persecuted in their country (homosexual laws or divorce laws or laws against living together when not married etc) or where war has broken out and they cannot physically reside together.

You must qualify for common-law status at the date you make your application.

Perhaps read through the manual here, section 5:34 onwards so that you understand the requirements and what they look for in an application.

deaney

Thank you Siouxie,

This is exactly what we were after, such a shame... we're unsure whats going to happen after October 31st regarding what the future of the CEC holds.

We will have to ensure our CEC application is solid for the 1st September then.

Do you (or anyone else) know if the rumors of how strict they are regarding evidence of common law? I thought a few joint bills and lease would be enough.

Siouxie

They have very specific requirement to prove evidence of common law. If you read through that section (and a few around it) they give examples of what they look for.

Have you considered PNP instead of CEC? I know Ontario PNP is one of the harder ones to get but worth looking into regardless. There is also (provided your job is O/A/B classification) the FSW with job offer route you could apply for.