British Expats

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-   -   Statutory Declaration of Common-Law Union - Evidence (https://britishexpats.com/forum/immigration-citizenship-canada-33/statutory-declaration-common-law-union-evidence-563443/)

dk1 Sep 24th 2008 4:57 pm

Statutory Declaration of Common-Law Union - Evidence
 
Hey guys,

I've been offered a job as a temporary worker with a company in Edmonton, Alberta. LMO is arranged and I'll be ready to start my application process soon. :)

My girlfriend and I have been together for over three years. We are very much long term, but both live at home party due to being quite young and renting / buying costs being out of reach for us. I searched on the forum and it seems that, having a year at the same address confirmed by a utility bill or similar, will cover the Statutory Declaration of Common-Law partner as satisfactory evidence.

As you might already have guessed, the above route isn't going to work for us. What else might do it? I have car insurance certificates dating back three years that have both our names covered under one address. In the last two years we have travelled abroad twice and have the booking details (flights and insurance). We are friends with my current employer and could get him to vouch for our partnership. Will any of these do?

I just need some reassurance as the Declaration of Common-Law application is the only one that doesn't seem so hopeful right now. :(

Thanks
Darren

christmasoompa Sep 24th 2008 5:04 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 
Congrats on the job offer!

Can you just clarify, you say you both 'live at home' but do you actually live together?

Common-law in Canadian immigration terms means that you've lived together for at least one year and need to provide evidence of that i.e. utility bills, council tax statements, rent or mortgage details, joint bank statements, etc. Holidays together are not relevant at all, and neither is a third party 'vouching' for your relationship. The above proof of living together is the only kind of thing you need.

Hope that helps, good luck. :)

dk1 Sep 24th 2008 5:15 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 
Thanks for the swift reply.

I should have clarified myself better - we both live with our own parents and NOT together. That said, we don't have anything that would tie us together for a year, for example, the evidence you listed.

:(

christmasoompa Sep 24th 2008 5:20 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 
I sort of assumed that was the case from your first post but was hoping I was wrong! Sorry to say but you don't qualify as common-law partners then.

You have four options from what I can see -

get married before you go
live together for a year so you can have her as your common-law spouse and then try again
go on your own and just have her visit you while she tries to get there under her own steam (i.e. finding her own job/TWP)
see if she can go via Bunac if she would qualify for that - although that would mean she couldn't go until the beginning of next year I think, but it's better than nothing, and would then give her a year in Canada for you to live together and then qualify as your common-law partner for any PR application.

Hope that helps, I wish you the best of luck. :)

dk1 Sep 24th 2008 5:30 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 
Thanks again for another swift reply! :)

Funnily enough, we were both at the ready to apply for Bunac when the applications open in November, when this job came up. We've discussed the common-law issue over and over and if there was no way for her to enter Canada with me then she was going to follow through with Bunac as planned.

Just as you've noted about her arriving early next year on Bunac; would anyone have any idea approximately how long a TWP application takes to approve, providing an LMO is already arranged and it's all down to the applying person to submit the applications? I would have thought it would be near Christmas but I do stand corrected?

christmasoompa Sep 24th 2008 5:36 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 
I think TWP's are taking about 6 weeks at the moment on average, so it would be sooner than Christmas. Or, you can apply at Port of Entry (i.e. airport), you just need a few documents like job offer letter, LMO, etc, and it's issued there and then. So technically, you could get on a plane tomorrow and have your TWP the same day!

Canada Dreams Sep 24th 2008 7:00 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 
hi

congrats on the job, we have just been through the common law bit, we had to prove we lived together for 3 years or more, take all this paperwork to a solictor and get him to stamp it, cost us £85 for a 5 minute meeting:curse: no wonder these solictor's are full of money

drwoodsy Sep 24th 2008 7:38 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 

Originally Posted by Canada Dreams (Post 6816359)
hi

congrats on the job, we have just been through the common law bit, we had to prove we lived together for 3 years or more, take all this paperwork to a solictor and get him to stamp it, cost us £85 for a 5 minute meeting:curse: no wonder these solictor's are full of money

We did that over here along with a Stat Dec of Common Law Relationship and it only cost $35 and that was in Whistler!!!

Canada Dreams Sep 24th 2008 7:44 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 
been ripped of again then havent we :curse:

kirstya Sep 24th 2008 7:57 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 
getting married wont work either and going right over wont work either . you have to be married for a certain amount of time :(

SarahBC Sep 25th 2008 4:46 am

Solicitor Costs - Witnessing Declaration of Common-Law Union
 

Originally Posted by Canada Dreams (Post 6816534)
been ripped of again then havent we :curse:

The first time we had our common law union paperwork witnessed, the Northamptonshire solicitor charged us 5 UK pounds (for the tea fund).

The second time, the BC solicitor made us buy a charity cookbook.

The third time was for free (we were signing our house sale documents and happened to be with the solicitor).

Sarah

christmasoompa Sep 25th 2008 8:32 am

Re: Statutory Declaration of Common-Law Union - Evidence
 

Originally Posted by kirstya (Post 6816599)
getting married wont work either and going right over wont work either . you have to be married for a certain amount of time :(

Are you sure? I've never heard that before, the CIC website says that any spouse can accompany a TWP holder, it doesn't mention having to be married for a minimum time? Can you give a link to that information please, and also tell us how long the minimum time is so that others will know for future reference.

Also, what do you mean by 'going right over won't work either'? Again, can you clarify for others?

Thanks. :)

kirstya Sep 25th 2008 3:58 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 

Originally Posted by christmasoompa (Post 6818004)
Are you sure? I've never heard that before, the CIC website says that any spouse can accompany a TWP holder, it doesn't mention having to be married for a minimum time? Can you give a link to that information please, and also tell us how long the minimum time is so that others will know for future reference.

Also, what do you mean by 'going right over won't work either'? Again, can you clarify for others?

Thanks. :)

its what we were told by the immigartion people we are using, as we were going to get married as we thought it would make it easier , but were told you still have to provide proof you been together for 12months ..So there was no point as it would make no difference..

as for the other bit thats meant to say "getting married and going right over"
added too many words for some reason :confused:

minimeeze Sep 25th 2008 5:30 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 

Originally Posted by Canada Dreams (Post 6816359)
hi

congrats on the job, we have just been through the common law bit, we had to prove we lived together for 3 years or more, take all this paperwork to a solictor and get him to stamp it, cost us £85 for a 5 minute meeting:curse: no wonder these solictor's are full of money

Wow! That was expensive... we got ours done last week and it cost us £5 each. We didn't have to prove anything despite taking evidence with us - just swear an oath.

Canada Dreams Sep 25th 2008 5:45 pm

Re: Statutory Declaration of Common-Law Union - Evidence
 
i rang up to solicitors and both quoted about £80, did you have to fill your form out in front of him, we did have it notarised aswell, we was told this also needed to get done.


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