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get deed signed by solictor? cohabitation/common law

get deed signed by solictor? cohabitation/common law

Old Jan 27th 2012, 11:45 am
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Default get deed signed by solictor? cohabitation/common law

Is there any need to get a deed/letter signed by a solictor to say that a couple in is a common law arrangement?
We have proof of tenancies and joint bills but wondering if something signed by a solicitor might be better for CIC?
eg cohabitation agreements

Last edited by Scribble; Jan 27th 2012 at 11:53 am.
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Old Jan 27th 2012, 1:19 pm
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Default Re: get deed signed by solictor? cohabitation/common law

There is a specific IMM form you have to fill in with a solicitor there to witness it - that's what we had to do for our application. Can't remember the number, I'll Google for it later (unless someone else remembers!)
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Old Jan 27th 2012, 1:33 pm
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Default Re: get deed signed by solictor? cohabitation/common law

Originally Posted by izzi81
There is a specific IMM form you have to fill in with a solicitor there to witness it - that's what we had to do for our application. Can't remember the number, I'll Google for it later (unless someone else remembers!)
None of the current IMM forms ask for that unless it's something they send later?

Last edited by Scribble; Jan 27th 2012 at 1:45 pm.
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Old Jan 27th 2012, 4:43 pm
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Default Re: get deed signed by solictor? cohabitation/common law

Hi


Originally Posted by qwertyjjj
None of the current IMM forms ask for that unless it's something they send later?
"Seek and ye shall find"

http://www.cic.gc.ca/english/pdf/kit...s/IMM5409E.PDF
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Old Jan 27th 2012, 4:45 pm
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Default Re: get deed signed by solictor? cohabitation/common law

Thanks PMM, that's the one! Just popped on in my 'lunch' break to google for it but don't have to now! When we applied we were never specifically asked for that form, but I asked and they said yes we needed to fill it in, so we did. Got through the process with no problems, so it must have been OK! (we weren't applying through any spousal route, we applied through NS PNP but we're not married so had to do the common law declaration stuff).
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Old Jan 27th 2012, 10:24 pm
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Default Re: get deed signed by solictor? cohabitation/common law

Originally Posted by PMM
Apparently, that form is only needed if if you are in turn sponsoring a child or other person.
The document checklist IMM 5491 says it is only for co-signers and he or she is your common law partner.

However, would some sort of document signed by a solicitor help? The only legal requirement to prove common law in Canada seems to be evidence of a relationship lasting 12 months+.
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Old Jan 28th 2012, 12:03 am
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Default Re: get deed signed by solictor? cohabitation/common law

Nope - it is a declaration of common law union for use in several kinds of sponsored PR applications - or that is how I read the small print at the bottom.
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Old Jan 28th 2012, 12:15 am
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Default Re: get deed signed by solictor? cohabitation/common law

Originally Posted by qwertyjjj
Apparently, that form is only needed if if you are in turn sponsoring a child or other person.
The document checklist IMM 5491 says it is only for co-signers and he or she is your common law partner.

However, would some sort of document signed by a solicitor help? The only legal requirement to prove common law in Canada seems to be evidence of a relationship lasting 12 months+.
You're correct, if you are doing a common-law spousal sponsorship you don't need to fill this out. It is, as the form & instructions say only for if you have a co-signer AND she/he is your common-law partner. If you do not have a co-signer, then you do not need this form. To be fair, the instructions are slightly confusing to read, and many people in common-law relationships (and who are not co-signers) have included it as a 'just in case' and to add extra depth to the application, but it is not a requirement. Refer to the list of documents CIC suggest you include to prove your relationship and you should be fine.
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Old Jan 28th 2012, 9:45 am
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Default Re: get deed signed by solictor? cohabitation/common law

OK now I'm not sure what is meant by 'co-signer', but when we applied for NS PNP and my partner was the principal applicant, I was on his application as 'common law partner'. I asked if we have to provide proof of this, and was directed to this form. Looking at the bottom of the form I read it as saying the form is to prove your elegibility for application of sponsorship, permanent residence or temp residence, so it's definitely not only for sponsorship applications....

If this form was not required, then the suggestion is no evidence is required for common law relationships when applying for PR, which means my partner and I could just have been friends rather than common law, and I would have got a visa on the back of his application when I was just going to go and do my own thing? That doesn't make sense!
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Old Jan 28th 2012, 10:04 am
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Default Re: get deed signed by solictor? cohabitation/common law

Originally Posted by izzi81
OK now I'm not sure what is meant by 'co-signer', but when we applied for NS PNP and my partner was the principal applicant, I was on his application as 'common law partner'. I asked if we have to provide proof of this, and was directed to this form. Looking at the bottom of the form I read it as saying the form is to prove your elegibility for application of sponsorship, permanent residence or temp residence, so it's definitely not only for sponsorship applications....

If this form was not required, then the suggestion is no evidence is required for common law relationships when applying for PR, which means my partner and I could just have been friends rather than common law, and I would have got a visa on the back of his application when I was just going to go and do my own thing? That doesn't make sense!
Your partner was principal applicant as in the immigrant or the sponsor?
The form is in the sponsor section of the checklist though, ie it has nothing to do with the immigrant (unless as the immigrant you are in turn sponsoring someone else or as a couple, you are sponsoring say your grandfather to immigrate but you are not married).
Proof of common law is in all the other evidence (pictures, joint accounts, etc.). What you are saying is that a simple signature from a solicitor who won't spend the time to check if you are in a relationship would be enough - I'm sure it gives merit to the application but that's not what that particular form is for, which is why an agreement of cohabitation or a will witnessed by a solicitor might help?

Last edited by Scribble; Jan 28th 2012 at 10:08 am.
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Old Jan 28th 2012, 12:53 pm
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Default Re: get deed signed by solictor? cohabitation/common law

I think it is important to separate a family class common-law sponsorship from a PNP or FSW application in this matter. I know that there are slightly different processes. I'm not an expert in that area, but I have submitted my own family class common-law application in August 2011. We are on the final stage now, a decision has been made, and we await a letter in the post. Obviously I hope the decision is yes, and should that be the case, then that form was not a requirement in our application. It might be worth qwertyjjj going on the 'Timeline for Spousal Outland Applications via London' thread and asking people on there if they included it or not. You'll get a few responses I would imagine - there's a mix of spousal and common-law applicants on that thread.
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Old Jan 28th 2012, 8:57 pm
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Default Re: get deed signed by solictor? cohabitation/common law

Originally Posted by qwertyjjj
Your partner was principal applicant as in the immigrant or the sponsor?
The form is in the sponsor section of the checklist though, ie it has nothing to do with the immigrant (unless as the immigrant you are in turn sponsoring someone else or as a couple, you are sponsoring say your grandfather to immigrate but you are not married).
Proof of common law is in all the other evidence (pictures, joint accounts, etc.). What you are saying is that a simple signature from a solicitor who won't spend the time to check if you are in a relationship would be enough - I'm sure it gives merit to the application but that's not what that particular form is for, which is why an agreement of cohabitation or a will witnessed by a solicitor might help?
Victorfoxtrot could be right about the type of application playing a part in this. Neither myself or my partner was sponsoring. neither of us are Canadian, he was the principal applicant, I was his partner on the same application. The proof of common law we provided was only in relation to this form - we sent the form, plus joint tenancy, utility bills and bank account. We sent no pictures, or family stories, or holiday details, or anything like that. The form, and what it asks for (official docs - only if you don't have those does it ask for photos etc.)
A solicitor will not check that you are in a relationship. What the form does is it asks you to make a declaration to a solicitor, which is a legal statement, like an oath, to say you are in a common law relationship. It would be illegal to lie in such circumstances!

But like I say, neither of us were the 'sponsor'. It was not that type of application - we are both immigrants to Canada!
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