Common Law or Conjugal

Canada Immigration Forum (discussion group)


 
       
Subject: Common Law or Conjugal
  Hello,

I lived with my Canadian girlfriend in Holland for almost 3 years from 2004 to 2007. Then she moved back to canada and lives there ever since. I´m still in Holland. From 2007 to 2010 we saw eachother every 3 months but didn´t live together. We are starting the application process and are wondering if we should apply as common law or conjugal partners.

Does anyone know this?

Thanks in advance for your help.

stefan

[15-04-2010,18:21]
[**.249.135.73]
Stefan
(in reply to: Common Law or Conjugal)
If following your 3 years of cohabitation you never separated you can apply as common-law partners.

Amir
www.greatnorthimmigration.com

[15-04-2010,20:44]
[***.32.27.28]
Amir
(in reply to: Common Law or Conjugal)
Amir, read it again. For the past 3 years they have lived separately in different countries. Tough on the common law criteria. It would have to be conjugal with a really good reason why you are living apart for so long, why you haven´t married, and how you are defacto married because of combined lives, finances, etc. You are also going to have to be able to prove your common law relationship for 2004-2007.

without significant proof to the above - you are going to have trouble.

[15-04-2010,21:55]
[***.20.127.111]
Sharon
(in reply to: Common Law or Conjugal)
What I do not understand you claim your committed for six years and for the last three flying back and forth across the POND every month but you seem to have never said Marry Me!

Why.

If she moved back to Canada I doubt her name is own the deed to your residence.

It is only a tiny step even though it seems like a huge leep to say please marry me.

Roy
cvimmigration.com

[16-04-2010,07:40]
[**.229.28.7]
Roy
(in reply to: Common Law or Conjugal)
Hi,

The original idea was to start the application in 2007 when my girlfriend moved back to Canada. After she found a job and housing so there wouldn´t be any issues concerning sponsoring me.
For personal reasons there was a big delay and now we want to start the application again. We have proof our relationship continued during the last 3 years, even though we don´t share any residence here. It actually never was on both our names to be honest. (I don´t own my own residence).

Do you think it makes such a difference if we are married or not. I mean aren´t they supposed to see through that? Aren´t they there to judge if the relationship is real and ongoing?

Stefan

[16-04-2010,09:24]
[**.249.135.73]
Stefan
(in reply to: Common Law or Conjugal)
conjugal relationships are rarely approved - even when couples are living together awaiting a divorce from a previous spouse. They are usually told to wait for the divorce get married or get the divorce, live common law for a year and then apply.

If you are married, you show legal intent. I am not suggesting you get married unless you want to but in the case of CIC - being apart for as long as you lived together would raise red flags.

What is the extent of your ´proof´ and now look at it with the eyes of a lawyer. Does it look convenient? Are there any impediments to you getting married?

It is your job to prove beyond any doubt that you are a couple. It is not just a matter of them taking your word for it because quite honestly, your 3 years of separation after an undocumented 3 years of common law is not going to be compelling.

[16-04-2010,10:51]
[**.154.245.217]
Sharon
(in reply to: Common Law or Conjugal)
Why risk the time, effort, money etc. and than get refused.

Marry her it is just a piece of Paper.

Roy
cvimmigration.com

[16-04-2010,11:03]
[**.156.28.60]
Roy
(in reply to: Common Law or Conjugal)
Thanks for the answer. I hope you don´t mind the questions but I want things to be as clear as possible.

The 3 years of living together are documented. I have my girlfriends registration in the city where we lived. Joint bank account, paychecks on our adress etc.

Last year we were godparents to my sisters 3 kids. My girlfriend had a big supporting role when my dad passed away last year. I guess that´s not a very official proof for a lawyer...

Living Common Law for a year in Canada is also not possible is it? At least not without me being able to work/study? If we do get married I guess we still have to proof our relationship in the years before?


[16-04-2010,11:13]
[**.249.135.73]
Anonymous
(in reply to: Common Law or Conjugal)
Understand you got tons of proof to prove your in a real relationship but common-law in Canada for one year than applying risks you getting caught doing stuff you should not! Marry submit outside of Canada and all will be happy including CIC.

Roy
cvimmigration.com

[16-04-2010,11:42]
[**.156.28.60]
Roy
(in reply to: Common Law or Conjugal)
A marriage document is a legal contract between 2 people to combine their lives. It stands on its own merits and gets you 75% of the way to the finish line. Your history together validates the marriage as legit - the other 25%. Right now you are starting from zero and trying to make a case.

Come to Canada for a visit or vise versa, get married, file OUTLAND. Hang out together for as long as you are legally allowed, and go home to finish waiting for your application to complete. Keep in mind that sponsorship requires a contractual agreement between the Canadian and the government to be financially responsible for the foreign applicant. This is not a decision to be entered into lightly. Spousal/family class immigration is for people that intend to be a permanent couple. If permanence is not part of your plans, or you are not sure yet... well...then family class sponsorship may have to wait.

Consider a work permit or coming as a skilled worker on your own merits without obligation.

[16-04-2010,14:48]
[***.20.127.111]
Sharon
in reply to: Common Law or Conjugal (in reply to: Common Law or Conjugal)
I must agree with Roy here. The burden of proof for either common-law or conjugal relationships is enormous. Even after submitting all the docs required, the three year gap in your case makes your chances slim. A decision either way may hinge on something as small as the reviewer´s personal bias.

A legal marriage whether in Canada or the Netherlands places the burden of proof on CIC to prove your marriage is a marriage of convenience. Now your three year separation and regular visits count in your favour - showing an intent to maintain the relationship, instead of counting against you as it would in proving a common-law relationship.

Do consider getting a work permit on your own merits as suggested. This should go far in assisting with your PR application later.

[20-04-2010,01:57]
[***.161.219.137]
Anton Roder