Common-law Application possibility?

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I am an international student in Ontario, Canada since the last 3 years. I met my girlfriend 2 years ago (early 2010) and we started living together in June 2011. This June we plan to renew our lease for another year. She works full-time and I have worked part-time for over two years in fast food and retail chains. We also started an online web development service together. 
We are thinking of applying for the Common-law sponsorship (she is a Canadian citizen) in July and putting together our documents. We have only taken two vacations together so far. 

I was wondering what the rejection rate is for common-law applications? Is there something we should know before we apply? I would really appreciate any advice.

Thank you.

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jouriter Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 18 Apr 2012 Status: Offline Points: 2	Post Options Post Reply Quote jouriter Report Post Thanks(0) Quote Reply Topic: Common-law Application possibility? Posted: 18 Apr 2012 at 12:05pm
	I am an international student in Ontario, Canada since the last 3 years. I met my girlfriend 2 years ago (early 2010) and we started living together in June 2011. This June we plan to renew our lease for another year. She works full-time and I have worked part-time for over two years in fast food and retail chains. We also started an online web development service together. We are thinking of applying for the Common-law sponsorship (she is a Canadian citizen) in July and putting together our documents. We have only taken two vacations together so far. I was wondering what the rejection rate is for common-law applications? Is there something we should know before we apply? I would really appreciate any advice. Thank you.

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 18 Apr 2012 at 4:19pm
	If there is a significant difference in rejection rates, for common-law versus legally married sponsored-partner applicants, it is probably related to the underlying strength of the cases. Indeed, if there is much of a difference, I wonder if a higher percentage of legally married applicants are rejected, than common-law, since people who submit direct evidence of cohabitating in an exclusive conjugal relationship for a full year (common-law) have, thereby, stronger evidence that the relationship is genuine: they actually live together and have lived together. That said, it appears that some who apply under the common-law category tend to underestimate what it means to be in a common-law relationship . . . it requires a commitment and merging of life's affairs on a par with legal marriage, it is, as a matter of Canadian law, in effect a marriage-in-fact and thus has to be proven by facts showing it to be such. But for a legitimate common-law couple, with documentary evidence showing they established a joint and mutual household which they shared for at least a full year, there should be little worry about having met the requirement for a genuine qualified relationship.
	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

dpenabill Members Profile Send Private Message Find Members Posts Add to Buddy List Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407	Post Options Post Reply Quote dpenabill Report Post Thanks(0) Quote Reply Posted: 18 Apr 2012 at 4:24pm
	I said that "common-law" is, as a matter of Canadian law, in effect a marriage-in-fact and thus has to be proven by facts showing it to be such. I should have made it clear that this is as a matter of Canadian immigration law, not Canadian law generally. One of the reasons it can be confusing for some is that, indeed, what constitutes a common-law relationship varies in different jurisdictions and indeed varies in different contexts even within Canadian law. (In some provinces, for example, I understand that for purposes of domestic relations law, there is no minimum duration element, especially if children, for example, are involved.) But, to be clear: Canadian immigration law has its own defnition and criteria for what is a common-law relationship qualifying for sponsored-partner PR and that is the definition that matters.
	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

jouriter Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 18 Apr 2012 Status: Offline Points: 2	Post Options Post Reply Quote jouriter Report Post Thanks(0) Quote Reply Posted: 20 Apr 2012 at 5:50pm
	dpenabill - Thank you so much for the information, especially the difference between Canadian Immigration law and provincial laws concerning common-law guidelines.