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Exactly one year for common-law?

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RedPanda View Drop Down
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    Posted: 16 Mar 2010 at 2:41am
I am living with my girlfriend for one year in Japan. I left Canada on July 1st, 2009 (Arriving in Tokyo July 2nd) and I will return on July 1st, 2010. Will this be considered one year co-habitating if we live together from the day I arrived to the day I leave?
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rbenoit View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rbenoit Quote  Post ReplyReply Direct Link To This Post Posted: 16 Mar 2010 at 8:34am
Co-habitating is only 1 part of the requirements for common-law sponsorship to be approved.
Have you been living as husband and wife over the past year.
Have you been merging your financial affairs as a married couple would do?
Joint bank accounts? Joint credit cards? Joint loans?
Do you own property together?
Children together?
Do you have wills naming each other as beneficiaries?
Where you on both listed on a signed lease for the appartment you were staying at together?
etc...etc.... etc....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 2010 at 12:51am
364 nights? in a shared household you occupied as a couple, from night one on, sharing responsibilities? (both named on the lease? both named on utility accounts or at least one named on some and the other named on another? and so on and so on? you do not need all these, but in the circumstance you pose, you need quite a lot of these)

Frankly I think you are one night short. The full year is a technical requirement. Technical requirements tend to be like on and off switches, not matters of degree. Whether the extent to which your affairs were sufficiently intertwined to constitute a conjugal relationship is a matter of degree. The full year means a full year.

Will one night short really make that difference? If you were still living together the day you submitted the application, I am not sure, you would probably have a very good chance of sliding by so long as you otherwise had very strong evidence that it was more than just sharing a roof or bed even, that is, evidence of cohabitation in a conjugal (as in married like) relationship (again, from day one through day 365).

If you are not living together at the time you submit the application, I see this as problematic. Common-law applicants who are not living together physically at the time they submit their applications seem to be scrutinized far more closely than those who are living together. This too means you would need to have the best evidence you could gather to establish that the time living together was very much as a married couple would live together.

This also means that you would have to have some solid evidence that on day one, when you arrived, the two of you were in effect like a married couple, that the relationship was at that stage then, thus necessitating a showing of how the relationship evolved to that stage by then. A lot could depend on how much time you physically spent together before your arrival there on July 2nd, 2009; the more the better. None, or even infrequent and brief physical contact, I'd guess not much of a chance (unless there are some other very compelling reasons).
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redeagle Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 2010 at 1:11am
It kind of depends, I am not telling you to mislead at all but CIC requirements are not that you are living together 1 year then send in the application, rather that you have been living together 1 year on the day they receive the application.

So if you were to send it so it arrived there on July 1st for example by coriour, and you left on the 30th June, the one year would probaby amount without you running into much trouble.

But as dpenabill says, the 1 year is a requirement, and its and exact requirement. The only time it does not count is in a leap year as the Canadian government does not reckognize the 29th feb as a day in respect of amounting days.
"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RedPanda Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 2010 at 1:19am
Both our names are on the rental agreement and many of the household bills. We don't have a shared bank account but we do have a spreadsheet showing shared expenses for the whole year.

It sounds like the best solution would be for us to continue living together when I return to Canada. I originally planned for her to join me with a visitor visa and apply for permanent residency from within Canada.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote audball Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 2010 at 1:22am
If she already planned on coming to Canada to continue residing together, I don't see why you guys won't hit the 1 year requirement. Moving shouldn't restart the clock, you're relocating together not separating
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 2010 at 1:46am
Ditto audball.

That makes more sense. Be sure to keep good records from time together in Japan, and then wait to get set up together in Canada, give it just a little bit of time, and you will be good to go. Even if you are separated for a few weeks or so, maybe even a couple months, so long as you have established a joint household in Japan and are planning to continue to live together, the whole time will count, from day one (again, of actually cohabitating in a conjugal relationship).

Will have to be careful about representations made upon entry into Canada. Your partner will need to have a round-trip ticket and other indications showing an intent to just visit, not to live in Canada . . . which is an intent that can technically be dual, as in an intent to apply for PR and to just visit, so planning on leaving if necessary, hoping to stay if allowed . . . but better to not even go anywhere near that discussion at the time of entry if at all possible.

You did not refer to status of relationship prior to July 2, 2009, but if you had minimal physical contract prior to that date, I'd definitely get settled in Canada and let the relationship season a bit before submitting the app, just so there is no doubt about the full year requirement. If you had plenty of physical time together prior to July 2, 2009, I'd go ahead and get the app submitted as soon as possible after setting up a household in Canada.

Again, this makes more sense, except I hope you are talking about filing an "out-of-Canada" application while "in Canada." If you did not know this could be done, yes it can and for someone from a visa-exempt country (which I think but am not certain includes Japan) it is usually the better route to take. (Caveat: take a look at time lines for processing apps in Japan, as I have no idea what they are.) Lots of reasons why out-of-Canada app is usually better than an inland, even when the applicant is physically in Canada.
(I went through this myself, thought we were going to file an inland app, since I was in Canada, but at the predecessor of this forum saw advice to file out-of-Canada app and was I ever glad I saw that . . . approved in four plus a bit months, rather than having to wait twice that or perhaps a year to a year and a half.)
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RedPanda Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 2010 at 4:46am
Thanks for the advice everyone. I was planning on coming back to Canada ahead of my girlfriend by a few weeks or a month to set everything up before she came and I remember reading somewhere that they allow 'gaps' in the 1 year period only for unavoidable circumstances.

I guess I need to look into the in/out of Canada application some more. I'm not familiar enough with the advantages and disadvantages.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redeagle Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 2010 at 5:33am
Well if thats the vase then you are covered as long as you van show continuing communication, of course the less time apart, the better.
"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote peachy871 Quote  Post ReplyReply Direct Link To This Post Posted: 17 Mar 2010 at 8:28pm
RedPanda...just some more advice. I am in the same boat as you. I am a Canadian sponsoring my common-law partner here in Japan. If you are planning to apply at the one year point, dpenabill had some good advice there about waiting just a bit longer. Of course, submitting your application later might be inevitable! I was intending to apply at the one year mark as well, but the time and care it takes to put together everything to prove one year of co-habitating took longer than we had expected and in the end, we didn't submit our application until about the 1 1/2 year mark! LOL.

And just some words of caution...

Finding someone to notarize statutory declarations was a pain in the butt here. No one in Japan seems to understand what that is or who does it. Much easier to get them done in Canada. I drafted up my own version and emailed them to my family back home. They filled them in, had them notarized then mailed them to me. It was actually far easier than finding someone to do it here!

Also, you should DEFINITELY submit IMM5409, the Statutory Declaration of Common-Law Union. I followed the instructions in the application package so did not submit it. However, CIC requested it just the same. Married couples have a marriage certificate; that is their legally binding piece of paper. We common-law couples don't have that, so CIC wants this as our legally binding piece of paper. In this case, we had no option but to get that notarized here in Japan. After more painful searching and asking questions, we FINALLY found an authority who provides notary services. Even then, the guy didn't fully understand it all. We had to explain to him for a really long time about how a statutory declaration works! (Fortunately, one of his OLs was eavesdropping and she understood and brought over the letter in English and Japanese that states that he witnessed us signing our declaration, etc. After that he either finally grasped it or pretended to grasp it so that he wouldn't be upstaged by an OL! ha ha ha!)

Out of Canada application is definitely the way to go. Just remember though, that if they require an interview, she will have to fly to Tokyo for the interview. Small price to pay though, for getting it all done and over with!

We are going to Tokyo for my partner's interview today. I am praying, wishing, hoping and focusing on positive vibes that it all goes smoothly! Whatever happens today, will definitely keep popping back on here over the next few months and if you have any more problems that I have experienced myself, will definitely give whatever advice I can!

Good luck!
Peachy
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