Can I apply under common law category if I'm married?

[AFAZY]

Hey all,

I would appreciate if any one has any idea whether I can apply under common law category although I'm married to the girl I'm living with. This is because I didn't have wedding or any ceremony and her parents don't know about our marriage due to many reasons. I know that I can still apply under marriage category but It would be easier for me to prove a common law relationship in my case compared to marriage.

Many Thanks!!

 

[Decoy24601]

If you are legally married, even without any sort of ceremony, you need to apply as married, not common-law.

 

[canadianwoman]

If you are legally married, you should apply as married. However you got married, that is your wedding - even if it was a civil marriage with two witnesses.
The only time that a married couple should apply common-law is if the marriage is not legal in the eyes of Canadian law, which I do not think applies to you.
Even if you apply common-law, you still have to prove the relationship is genuine, and the fact that her parents don't know about your relationship will still be a problem.
In addition, if you apply as married, you can still use all the proof that you would use to prove common-law. Living together, joined finances, letters from family and friends attesting that the relationship is genuine, are all things that can be used to prove the marriage is genuine as well.
As well, if you apply as common-law, you would still have to admit that you are married. The visa officer will wonder why you are applying as common-law, not married. This almost guarantees an interview, which adds to the processing time. I would just apply as married, use all the relationship proof you have, explain that her parents don't approve, and explain why you did not have a big traditional wedding ceremony. Her parents not approving can be a reason for not having the traditional ceremony.