Common Law - Need Advice

Old Feb 26th 2008, 8:39 pm
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Default Common Law - Need Advice

Hi,

I stumbled across this forum and I think it is such a wonderful community! It's so amazing that you help eachother through this shared experience. If anyone can be of any help in giving advice on my situation, I would really appreciate it.

My partner and I met in Sept 2006 while he was visiting family in Toronto (his uncle, they now do not speak to anyone in his family, and he will not sponsor my partner), and we began dating. He moved in with me three-four months later, (was not on my lease) he took care of my apartment etc. while I worked. He stayed in Canada a total of one year, lived with me for six months, although we have no proof of lease or bank/finances since he wasn't working.

I then applied through SWAP to work in the UK for a year, and that is where we both live now. We were trying to decide between him getting a similar work visa through BUNAC, or applying through common law. We tried BUNAC, but as you know from recent developments, the whole common law thing...

I plan to go back to Canada for September, and have already enrolled in a course.

So, here is where I need advice. Should we re-apply through BUNAC? Is anyone doing this? Should we go through common law? A lawyer told me a lot of common law applications get denied. We do not want to get married until we have saved enough for my dream wedding and got a mortgage together, so a quicklie wedding it out of the question, unless it was a last resort.

Things we have to prove common law

-emails from 2006 onwards
-photos from family events
-ticket stubs of travelling together
-joint 1 year lease in the UK
-Mail adddressed to us in the UK same address
-joint utility bills
-statements from both our families, friends, my boss

Is this enough? What are our chances? We want to make sure we go about this the best way possible, because we rely heavily on eachother and couldn't bear to be apart.

I have read that Lil Bear has been through a similar situation, any advice?

Thank you so much.

J
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Old Feb 26th 2008, 10:12 pm
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Default Re: Common Law - Need Advice

Originally Posted by Bambi_Girl
Hi,

I stumbled across this forum and I think it is such a wonderful community! It's so amazing that you help eachother through this shared experience. If anyone can be of any help in giving advice on my situation, I would really appreciate it.

My partner and I met in Sept 2006 while he was visiting family in Toronto (his uncle, they now do not speak to anyone in his family, and he will not sponsor my partner), and we began dating. He moved in with me three-four months later, (was not on my lease) he took care of my apartment etc. while I worked. He stayed in Canada a total of one year, lived with me for six months, although we have no proof of lease or bank/finances since he wasn't working.

I then applied through SWAP to work in the UK for a year, and that is where we both live now. We were trying to decide between him getting a similar work visa through BUNAC, or applying through common law. We tried BUNAC, but as you know from recent developments, the whole common law thing...

I plan to go back to Canada for September, and have already enrolled in a course.

So, here is where I need advice. Should we re-apply through BUNAC? Is anyone doing this? Should we go through common law? A lawyer told me a lot of common law applications get denied. We do not want to get married until we have saved enough for my dream wedding and got a mortgage together, so a quicklie wedding it out of the question, unless it was a last resort.

Things we have to prove common law

-emails from 2006 onwards
-photos from family events
-ticket stubs of travelling together
-joint 1 year lease in the UK
-Mail adddressed to us in the UK same address
-joint utility bills
-statements from both our families, friends, my boss

Is this enough? What are our chances? We want to make sure we go about this the best way possible, because we rely heavily on eachother and couldn't bear to be apart.

I have read that Lil Bear has been through a similar situation, any advice?

Thank you so much.

J
Hello and welcome!

I'm certainly no expert but many others will be able to help you with more info soon I'm sure.

A couple of things though - firstly that your partner's uncle couldn't sponsor him anyway even if they were on good terms. And I think your only option is common law sponsorship now - have you read about the recent changes to the BUNAC programme? You will no longer be accepted if you have a common law partner, fiance/e or spouse apparently so he wouldn't qualify anyway. Check out the following thread. http://britishexpats.com/forum/showthread.php?t=516339

So looks as though common law sponsorship will be your only option. I have no idea if what you have listed is enough proof of your relationship for that (although I would guess it is, as far as I know you have to provide evidence of having lived together for at least a year so it should be fine, but that is just a guess!). Somebody with more knowledge than me about spousal/common law sponsorship will I'm sure be able to help you out a bit more.

Best of luck with it all.
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Old Feb 26th 2008, 10:29 pm
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Default Re: Common Law - Need Advice

Originally Posted by Bambi_Girl
A lawyer told me a lot of common law applications get denied.
Yes, a lot of common-law sponsorships get denied - the similar number of spousal sponsorships is denied too in general. Marriage certificate only proves some sort of commitment, but people marry for purpose of immigration all the time and most of them are denied. In some countries over 80% of spousal sponsorships are denied.

But if it is all what lawyer told you s/he wasn't worth much anyway.

In both - common-law partner and spousal sponsorships - the bona fide of relationships must be conclusively documented. Recent marriage certificate proves really nothing about how genuine relationship is.

You have a lot of evidence - it may or may not be be enough, depending how it looks and how verifiable it is, what other evidence you may have (you may not even thought about), etc..

Your best bet (if not only real bet) under the circumstances is to make a bulletproof common-law sponsorship case.
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Old Feb 27th 2008, 12:48 am
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Default Re: Common Law - Need Advice

My advice is to pay close attention to what Andrew says. My experience on this website is that he's the most knowledgeable on Immigration matters; does not 'guild the lily', but offers very even handed support when he thinks your case has merit with the authorities potentially. We are (hopefully!) in the final stages of common law sponsorship (we had a request for PR visa fee of $490.00 a couple of weeks ago and are waiting for our PPR from CHC London). We used an Immigration lawyer based in Vancouver and for what its worth I couldn't believe all the documentary support she asked for as evidentiary support ofour relationship!

So Andrew isn't kidding when he says to build a bullet proof case establishing your common law relationship! By the way, you might consider hiring him to advise you (if you REALLY want to get to Canada it may be the wisest money you.ve ever spent!)
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Old Feb 27th 2008, 12:59 am
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Default Re: Common Law - Need Advice

J and I are going to have this problem too as we don't have any joint accounts as such and the mortgage is in his name, although I did have to sign declarations etc..we do have bills/DL in seperate names but with the same address.

Both of us have been married before and don't want to get married as were very happy the way that we are
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Old Feb 27th 2008, 1:27 am
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Default Re: Common Law - Need Advice

Hi everyone..... Just thought I would share my experience.....

I met my OH travelling and we dated long distance for 2 years and then I went to the UK on a working holiday visa and lived there for 1.5 years where we lived together and opened a joint bank account. We then moved to Canada with OH on Bunac visa and lived here for 10 months, set up all joint accounts and purchased a house. OH then went back to UK because Bunac was running out and we needed to have both incomes.

We have just been approved for the outland common law sponsorship. We did have lots of proof (both our families visted each others countries) We also got famiy members to send letters that our relationship was genuine and sent in lots of dated pictures and joint utility bills etc. We never sent in any e-mails, cards or letters.

Bambi girl --- If you have lots of proof of your relationship and that you have lived together for atleast a year then go for the common law route but it will take atleast 4 months for outland.

Hope this helps!
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Old Feb 27th 2008, 2:54 am
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Default Re: Common Law - Need Advice

Just stand back from your evidence and look at it as if you've never met you. Would you believe you were a genuine couple? Is there conclusive proof of that in front of you?
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