Common law evidence help
#16
Forum Regular
Thread Starter
Joined: Sep 2018
Posts: 43
Re: Common law evidence help
Whenever a couple move in together then it's only normal that it would take time for some documents to be generated etc. I wouldn't worry about this too much if I were you. Depending on your score, if you file an EOI next July then it could be September-October before you receive an ITA anyway and that's if you do receive one.
Many thanks
#18
Re: Common law evidence help
All sounds good to me, I think that's plenty. 465 should be fine, but obviously no way of knowing how points scores will change - 430 would have been enough 18 months ago but it's nowhere close now! So just keep an eye on the draws, good luck.
#19
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Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Common law evidence help
Unless I'm mistaken, IMM5589E is for family class immigrants (ie sponsored by a Canadian citizen or currently residing PR). If you're both British and applying for PR under the same EE FSW application then I'm not sure that checklist applies.
On an EE application you will just need to complete the notarised 5409E and provide basic proof of mutual residence (e.g. tenancy agreement). You don't need to start including photos or letters from your family etc although I doubt you'd ever be penalised for it.
The 5409E is the all important part as it's a legal oath and lying on that form makes you both guilty of perjury. Remember that Canada formally recognises common law relationships whereas Britain just considers you to be unmarried and cohabiting.
On an EE application you will just need to complete the notarised 5409E and provide basic proof of mutual residence (e.g. tenancy agreement). You don't need to start including photos or letters from your family etc although I doubt you'd ever be penalised for it.
The 5409E is the all important part as it's a legal oath and lying on that form makes you both guilty of perjury. Remember that Canada formally recognises common law relationships whereas Britain just considers you to be unmarried and cohabiting.
For COMMON LAW the requirements are a little more than you have suggest under Express Entry ... perhaps better to double check before giving immigration advice that could impact an application negatively
The official word: https://www.canada.ca/en/immigration...ess-check.html
Applications for permanent residence programs subject to the Express Entry completeness check
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
Evidence of common-law union and cohabitation
Purpose
To validate marital status claims
Document requirements
- This documentation is only requested when marital status is listed as common-law.
- The applicant must submit a Statutory Declaration of Common-Law Union form [IMM 5409 (PDF, 636.51KB)] and evidence of cohabitation for a period of at least 12 continuous months.
- Evidence of cohabitation includes but is not limited to
- copies of joint bank account statements;
- copies of leases;
- utility bills.
- The principal applicant
Last edited by Siouxie; Oct 1st 2018 at 9:27 pm.
#20
Forum Regular
Thread Starter
Joined: Sep 2018
Posts: 43
Re: Common law evidence help
For COMMON LAW the requirements are a little more than you have suggest under Express Entry ... perhaps better to double check before giving immigration advice that could impact an application negatively
The official word: https://www.canada.ca/en/immigration...ess-check.html
The official word: https://www.canada.ca/en/immigration...ess-check.html
Evidence of common-law union and cohabitation
Purpose
To validate marital status claims
Document requirements
Individuals who must submit this documentation
Purpose
To validate marital status claims
Document requirements
- This documentation is only requested when marital status is listed as common-law.
- The applicant must submit a Statutory Declaration of Common-Law Union form [[URL="https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5409e.pdf"]IMM 5409 (PDF, 636.51KB)] and evidence of cohabitation for a period of at least 12 continuous months.
- Evidence of cohabitation includes but is not limited to
- copies of joint bank account statements;
- copies of leases;
- utility bills.
Individuals who must submit this documentation
- The principal applicant
According to what you sent, we would be alright with the use of our council tax bill. Probably, but not a certainty. I don't think anyone is saying, least of all myself, that we will definitely be successful with this evidence. I am trying my best to make it as likely as possible and gauge our chances... For July.
Many thanks