SOWP for common-law partner

[eric1995]

Hello,

I applied for a study permit for a PhD program in February 2024, and I was granted a TRV in April. I plan to move to Canada in September. During my application, I declared myself as single, despite being in a relationship for 4.5 years (since October 2019). We have neither married nor lived together at the same address due to social issues related to different castes and my master's studies abroad since October 2022.

I recently learned that we can be considered common-law partners by IRCC (not recognized in our home country) if we have joint bank accounts. We do maintain joint accounts and manage our finances together for almost 2 years. We also have photos and WhatsApp evidence showing that we have been partners.

Now, I wish to apply for a SOWP for my partner and have a few concerns:

1. Should I update IRCC regarding my common-law status before applying for the SOWP, since I initially declared myself as single due to a misunderstanding of the term common-law? If so, what is the best way to do this?
2. Alternatively, can we proceed with the SOWP application by including a personal explanation letter from me regarding the change in status?

Thank you in advance.

 

[Naturgrl]

Hello,

I applied for a study permit for a PhD program in February 2024, and I was granted a TRV in April. I plan to move to Canada in September. During my application, I declared myself as single, despite being in a relationship for 4.5 years (since October 2019). We have neither married nor lived together at the same address due to social issues related to different castes and my master's studies abroad since October 2022.

I recently learned that we can be considered common-law partners by IRCC (not recognized in our home country) if we have joint bank accounts. We do maintain joint accounts and manage our finances together for almost 2 years. We also have photos and WhatsApp evidence showing that we have been partners.

Now, I wish to apply for a SOWP for my partner and have a few concerns:

1. Should I update IRCC regarding my common-law status before applying for the SOWP, since I initially declared myself as single due to a misunderstanding of the term common-law? If so, what is the best way to do this?
2. Alternatively, can we proceed with the SOWP application by including a personal explanation letter from me regarding the change in status?

Thank you in advance.

If you have never lived together then you are not common law. To claim common law you must prove you have lived together continuously for one year. So you need to show lease/rental agreements, bank statements/utlities with the same address. You are not common law if you have never lived together. Finances, pictures, whatsapp don’t prove it.

 

[eric1995]

If you have never lived together then you are not common law. To claim common law you must prove you have lived together continuously for one year. So you need to show lease/rental agreements, bank statements/utlities with the same address. You are not common law if you have never lived together. Finances, pictures, whatsapp don’t prove it.

Thank you. I found the following definition on the IRCC website for Common-law partner:

// Refers to a person who is living in a conjugal relationship with another person (any gender), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.

This can be shown with evidence that the couple share the same home, support each other financially and emotionally, have children together, or present themselves in public as a couple.

Common-law partners who have been in a conjugal relationship for at least one year, but are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control (for example, civil war or armed conflict) may still qualify and should be included on the application. //

If I proceed with this should I update IRCC for the already granted TRV before applying to SOWP?

 

[Naturgrl]

Thank you. I found the following definition on the IRCC website for Common-law partner:



If I proceed with this should I update IRCC for the already granted TRV before applying to SOWP?

As per the defintion, you are not common law…Refers to a person who is living in a conjugal relationship with another person (any gender), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.

You have not lived together for at least a year.

 

[scylla]

Hello,

I applied for a study permit for a PhD program in February 2024, and I was granted a TRV in April. I plan to move to Canada in September. During my application, I declared myself as single, despite being in a relationship for 4.5 years (since October 2019). We have neither married nor lived together at the same address due to social issues related to different castes and my master's studies abroad since October 2022.

I recently learned that we can be considered common-law partners by IRCC (not recognized in our home country) if we have joint bank accounts. We do maintain joint accounts and manage our finances together for almost 2 years. We also have photos and WhatsApp evidence showing that we have been partners.

Now, I wish to apply for a SOWP for my partner and have a few concerns:

1. Should I update IRCC regarding my common-law status before applying for the SOWP, since I initially declared myself as single due to a misunderstanding of the term common-law? If so, what is the best way to do this?
2. Alternatively, can we proceed with the SOWP application by including a personal explanation letter from me regarding the change in status?

Thank you in advance.

You are not common law. You must live together continuously for one full year to be considered as common law.