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| Subject: Common Law Requirements |
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I am a Canadian citizen living in Canada. My Japanese girlfriend and I lived together in Canada for 1 year ending September 24, 2007 when she went back to Japan. I saw her again when I went to Japan for two weeks in October. We are attempting to apply outside canada using the common law application. We have joint bank stmt, joint tenancy agreement, I´m making $40k, we´ve been on short trips together, have christmas cards/bday cards, pictures, cards and emails to eachother and she has met my friends, parents etc. What would say our chances are of being accepted under this spousal class?
Some people have said as we are not living together currently, we would likely be refused on this basis alone. I just wanted to ask before I pay a lawyer $2,500 upfront for their services. I know its not possible to know 100%, but I just want to know we won´t be refused immediately and lose everything we paid.
Thank you,
Dave
[02-12-2007,19:05]
[***.121.10.47]
Dave |
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Commonlaw (in reply to: Common Law Requirements)
Hi: To be a common law couple you have to be living together in the same country for a minimum of one year and prove that in all facts with the exception of a marriage license that you are "married" and you are recognized as a couple. You are going to have a difficult time proving this as you are no longer common law. You are in Canada and your "spouse is in Japan".
What you are now is conjugal. You need someone who can prepare a very good submission and a thorough argument to prove that you are conjugal. This is a category of family class "spousal sponsorship".
Camilla Jones
canglobal@hotmail.com
[02-12-2007,22:47]
[**.226.66.216]
Camilla Jones |
(in reply to: Common Law Requirements)
So even though we have already lived together for a year, and have been apart for about a month we would not qualify?? This is what is confusing me as I read on the CIC website that if this was the case it met the definition of a common-law relationship.
I guess my question is, how can one possibly apply "outside canada" under the common-law class, if 1.the canadian spouse must be inside canada to apply,2.the applicant is outside canada and 3.the above situation automatically results in the relationship no longer fitting the common-law definiton? It appears to contradict itself...
[02-12-2007,23:44]
[***.121.10.47]
Dave |
(in reply to: Common Law Requirements)
you would apply as conjugal. not an easy application. why have you ended up in separate countries - CIC will want to know. How come you have not married - CIC will want to know. How connected is your relationship now that you are in separate countries - CIC will want to know.
[03-12-2007,00:18]
[***.121.220.199]
Sharon |
(in reply to: Common Law Requirements)
Can it be done? What would you say are the chances of success if you have the backup they want?
[03-12-2007,01:48]
[***.221.110.4]
Dave |
(in reply to: Common Law Requirements)
I know more who have been refused that accepted - but those were primarily US/Canada situations.
I would do a little more homework before handing over $2,500.
I understand now wanting to get married for the sake of immigration but if the relationship is genuine and enduring and being together is the primary objective - you may wish to consider it.
[03-12-2007,02:15]
[***.121.220.199]
Sharon |
(in reply to: Common Law Requirements)
This is one of the hardest application under the spousal sponsorship categories however it can be done, providing you can prove that you are "spouses" and as such can not marry or live together due to an "immigration impedement". Not being able to get a visa is not a issue in your case, so what is the "immigration impedement". Immigration will ask why can you not get married as Sharon has asked?
Immigration will also wonder why your spouse not come and continue to live with you in Canada and then you could apply in land or overseas as common-law spouses. If your spouse returned to Japan because of work or school obligations they would not see this an "immigration impedement".
Conjugal does not replace the finacee category of immigration under the old act. there has to be an impedement in their eyes that will not allow you to marry or live common-law.
It is not easy to give you a yes or no answer without the answers to the above questions.
Camilla Jones
Canglobal@hotmail.com
416 748-5388
[03-12-2007,02:18]
[**.226.66.216]
Camilla Jones |
(in reply to: Common Law Requirements)
First, I forgot to mention how thankful I am for the help; its been quite a pain finding specific info.
We are not married because basically, I am working and completing a CA designation which takes up about 65-70 hours a week and I simply don´t have time/money at present to plan and have a wedding. We wanted to wait until that process is done in January 09. In addition, we just don´t feel this is the right time yet, as we don´t want to rush a marriage just for immigration. I am not sure we even could as we are apart now. However, we are attached to eachother and acknowledge that we live in common-law and would sign a declaration. We just don´t want to have a vegas wedding; we want to do it proper.
The reason that she originally left Canada was because her grandfather got very ill and nearly died in October 07. She felt she needed to be there, and attempted to come back on a working holiday visa- but she was denied because she had already been here for a year, and they thought she had basically fulfilled the purpose of a WHV. She did not provide enough info to suggest she would return to Japan either.
Otherwise we were all prepared to apply inside Canada.
We then thought about her trying to come back again on a visitors visa again, but since she was turned down the month before, the risk of paying for trnsport only to be denied was too high. In addition, we were told if she came here as a visitor and then applied for PR she would be turned down because she came on a false pretense.
We have plenty of phone bills (its so expensive) and emails substantiating that our relationship is ongoing.
[03-12-2007,02:59]
[***.121.10.47]
Dave |
(in reply to: Common Law Requirements)
let´s wait and see what Roy has to say.
in the mean time... investigate Skype. voice over IP. if both of you have internet, a computer and a set of headphones, you should be able to talk for free.
If you are on the west coast... Telus has a worldwide calling plan that is very competative. Shop for rates - you would be amazed.
[03-12-2007,08:53]
[***.121.220.199]
Sharon |
(in reply to: Common Law Requirements)
With all due respect to the others answers posted here one can sponsor a common law spouse even if they are not cohabitating!
Please read the Overseas Processing Family Class manual section 5.26
From the limited information you have posted here Dave you should be fine. OP2 section 5.26 http://www.cic.gc.ca/english/resources/manuals/op/op02e.pdf
Roy
www.cvimmigration.com
[03-12-2007,08:56]
[**.52.218.9]
Roy |
(in reply to: Common Law Requirements)
You can also save money and do a Proxy marriage (by phone). If Japan recognizes a proxy marriage in Japan CIC will recognize it too.
In the manual please read the definition of common law.
DAVE
Always remember if it is common sense to you and two others it should be common sense to CIC too.
Roy
www.cvimmigration.com
[03-12-2007,09:10]
[**.52.218.9]
Roy |
