An outland FSW applicant (AOR August 2023) planned to marry in February 2024 — a 12-year relationship, engaged two years, but never having lived together or combined finances, consistent with their religious and cultural norms. The worry: would IRCC treat the long relationship as undeclared common-law, and what proof is needed when adding the spouse post-marriage?
What the thread answered:
- A long relationship without cohabitation is not common-law. Common-law requires 12+ months of continuous cohabitation. Living separately with parents means it was never established — the direct answers were: (1) no, you're not in trouble for not declaring a common-law partner; (2) yes, you can add your spouse after marriage; (3) explain in a letter that common-law was never established.
- Don't over-document the negative. A member advised that formal 'proof of not being common-law' isn't required — a general timeline of the relationship is fine, photos optional. The applicant planned to include documents showing separate addresses throughout, which members treated as more than sufficient.
- Process: after the marriage, inform IRCC (webform) with the marriage certificate, add the spouse as an accompanying dependent before a decision is made, and include the letter of explanation covering the relationship history.
The reassuring consensus: cultural norms of living separately until marriage are a well-understood pattern; genuineness is shown by the relationship's history, not by cohabitation.