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common-law now or wait till married

common-law now or wait till married

Old Mar 4th 2008, 6:54 am
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Default common-law now or wait till married

Hello,

I have seen a few posts on this issue, but my circumstances have a few differences from those I've read about.
I'm a Brit living as a visitor in Montreal. My fiance, Russian, emigrated here last June, he has perm res. We were living together for several years in Russia, but he applied to emigrate alone, and I came along as a visitor. We're now getting married in November in the UK. As from August 2008 I could try to apply for common-law status and then inform them of our marriage as of November. All we have to prove our common-law status is a tenancy agreement, we'll also add my name to the utility bills. No joint account.
My question is - is it best to wait till November and apply as a spouse? If we do this, is there a big difference in applying in-land or from UK. I'm living in Canada all the time (with the necessary 6-month re-entry), so perhaps in-land is best?

Many thanks,
Caroline
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Old Mar 4th 2008, 9:23 am
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Default Re: common-law now or wait till married

Were you listed on his application as his common-law spouse? If that's the case then I imagine it would make things a lot easier. If not, then I suspect it will make things more problematic.
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Old Mar 4th 2008, 9:29 am
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Default Re: common-law now or wait till married

Hello, Caroline, and welcome to the BE forum.

Inland applications take much longer than outland applications (according to reports on this forum, about twice as long).

Postscript. It's not intuitively obvious that that would be the case (at least it wasn't intuitively obvious to me). In fact my guess, until I learned otherwise from this forum, would have been that inland applications would have been processed more quickly.
x

Last edited by Judy in Calgary; Mar 4th 2008 at 9:31 am.
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Old Mar 4th 2008, 11:40 am
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Default Re: common-law now or wait till married

Originally Posted by Moscowcc
My fiance, Russian, emigrated here last June, he has perm res. We were living together for several years in Russia, but he applied to emigrate alone, and I came along as a visitor.
If you were common-law partners (cohabiting together in conjugal relationship) when your partner applied for PR, received his PR visa and/or when he landed in Canada as a PR and he didn't include you in his application as non-accompanying dependent and you didn't undergo medicals before his visa was issued then you are no longer family class member and cannot be sponsored by him, no matter married or not. His own PR may be at risk as well if CIC wants to be strict and go by the book.
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Old Mar 4th 2008, 2:05 pm
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Default Re: common-law now or wait till married

We were just boyfriend and girlfriend in Russia. Got engaged once he was here.
I wonder if you can tell me how much notice you get of an interview for the common-law or spouse PR?
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Old Mar 4th 2008, 5:17 pm
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Default Re: common-law now or wait till married

In your own words - We were living together for several years in Russia - you were common-law partners if you were living together as girlfriend and boyfriend for several years in Russia. Engaged or not has nothing to do with it. Cohabitation in conjugal relationship is a common-law relationship, no matter how you'll try to dress it up now.
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Old Mar 5th 2008, 12:01 am
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Default Re: common-law now or wait till married

it's funny, but when you want to prove you're common-law, you can't due to lack of docs, and when you aren't common-law it seems you are. I didn't want to be involved in his emigration process because I wasn't sure what I'd be doing and other personal reasons. Anyway, we weren't common-law out there and there are no documents with our names showing the same addresses as I often returned to the UK.
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