Common law proof for TRV application

[bakaharshita]

Hello,
I am on a work permit in Canada and will be applying for Temporary resident visa which will allow me to travel and re enter Canada. I need help with what I can provide as proof for my common law relationship. My partner is on a study permit here and we were considered common-law starting December 2022.

I have the following documents to show as proof:
- a joint bank account (that was created in January 2023)
-My pay stubs with our address of the past 12 months (my partner is not employed)
- both our separate phone bills with our current address
- both our separate previous years tax assessment
- both our separate bank statements with our address
- mail with the same address

Additionally, we could work on obtaining these documents:
- Photo ID with our current address on it (we applied for it and it should arrive soon)
- Our Health Cards with both our names on it (we have not applied for it yet, but will be soon)
- Declaring our common law status on our taxes this year later in February. This would be the first time we'd be filing taxes as common law.
- Doing a Statutory Declaration of Common Law Union form and getting it notarized.


My Questions:
1. Are all the documents above sufficient? If not, what more can I add?

2. How do I organise all these documents in the application? Do they all just go in the same section as where the Statutory Declaration goes? Can I just make and combine a PDF of all the forms and documents and upload them in the same section as Statutory Dec. form goes?

3. I have my partner as a dependent on my work insurance. How do I show documentation for it if needed in addition to everything mentioned above?

4. My partner and I used to be roommates since late 2019 and there were 2 two other people living with us in our current apartment. We got into a serious relationship around December 2021 and our other two roommates had moved out by February 2022 as we asked them to. My partner and I both came in the country as international students. Every time we filed for an extension for our study permits, we applied as "Single" and with our current address because we were not in a serious or romantic relationship before December 2021. I am concerned this may be viewed by IRCC as misrepresentation because we have both had the same address. How do I address this issue in the application, if I need to at all?

Thanks so much in advance.

 

[Ponga]

I was an international student from India (came here in late 2016) and my PGWP was approved in November 2022. I have been living with my partner since Fall 2019 and he is also an international student from Zimbabwe and is on a study permit (we met here). We moved in together in 2019 but never declared ourselves as common-law when we were applying to extend our study permits separately, and when I applied for PGWP after I graduated in June 2022. We have been selecting “Single” in all our application forms. My partner may be now eligible through me for an open work permit because we’re partners and can register for common-law with our province this month. What I am concerned about is if he applies for the work permit and declares us to be common-law in his application even though he hadn’t been doing so in the past, would that be perceived as misrepresentation? The only reasons we never declared ourselves to be common law because we didn’t know if we were seriously enough to be ready for that step yet and because it’s completely voluntary, not mandatory to do so in Manitoba. Please advise!

So, in your post above from last month, you state that "I have been living with my partner since Fall 2019..." followed by "We moved in together in 2019 but never declared ourselves as common-law..."

In the eyes of IRCC, you may have been deemed as common-law in the fall of 2020. Just because you had other roommates and did not declare yourselves as common-law, may or may not have been true. Provincial definitions/requirements to be deemed common-law and those from IRCC are not always the same; Alberta being a prime example of that.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

If you two were in a romantic, conjugal type relationship when you became roommates (or even shortly thereafter)...you know [now] that you were common-law one year later. Right?

Not sure what to suggest, other than to wait for others to chime in to offer their opinions. Perhaps it's not a big deal?


Good luck!

 

[bakaharshita]

So, in your post above from last month, you state that "I have been living with my partner since Fall 2019..." followed by "We moved in together in 2019 but never declared ourselves as common-law..."

In the eyes of IRCC, you may have been deemed as common-law in the fall of 2020. Just because you had other roommates and did not declare yourselves as common-law, may or may not have been true. Provincial definitions/requirements to be deemed common-law and those from IRCC are not always the same; Alberta being a prime example of that.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

If you two were in a romantic, conjugal type relationship when you became roommates (or even shortly thereafter)...you know [now] that you were common-law one year later. Right?

Not sure what to suggest, other than to wait for others to chime in to offer their opinions. Perhaps it's not a big deal?


Good luck!

I made that thread when I had recently came across the concept of "common law" -- since then lots of things have changed and I have more clarity on what being in common law means. I don't know how comfortable I feel posting details about our personal lives but we shared no responsibilities of this household together at the time and were not in a relationship until December 2021. We weren't in a relationship just because we lived together. I'd like to just stick to this post and the details I have shared in this post as things have changed and I have more information than I did at the time. If you're not able to answer or help with any of the questions I have asked, it is fine. Thanks a lot!

 

[Naturgrl]

Hello,
I am on a work permit in Canada and will be applying for Temporary resident visa which will allow me to travel and re enter Canada. I need help with what I can provide as proof for my common law relationship. My partner is on a study permit here and we were considered common-law starting December 2022.

I have the following documents to show as proof:
- a joint bank account (that was created in January 2023)
-My pay stubs with our address of the past 12 months (my partner is not employed)
- both our separate phone bills with our current address
- both our separate previous years tax assessment
- both our separate bank statements with our address

Additionally, we could work on obtaining these documents:
- Photo ID with our current address on it (we applied for it and it should arrive soon)
- Our Health Cards with both our names on it (we have not applied for it yet, but will be soon)
- Declaring our common law status on our taxes this year later in February. This would be the first time we'd be filing taxes as common law.
- Doing a Statutory Declaration of Common Law Union form and getting it notarized.


My Questions:
1. Are all the documents above sufficient? If not, what more can I add?

2. How do I organise all these documents in the application? Do they all just go in the same section as where the Statutory Declaration goes? Can I just make and combine a PDF of all the forms and documents and upload them in the same section as Statutory Dec. form goes?

3. I have my partner as a dependent on my work insurance. How do I show documentation for it if needed in addition to everything mentioned above?

4. My partner and I used to be roommates since late 2019 and there were 2 two other people living with us in our current apartment. We got into a serious relationship around December 2021 and our other two roommates had moved out by February 2022 as we asked them to. My partner and I both came in the country as international students. Every time we filed for an extension for our study permits, we applied as "Single" and with our current address because we were not in a serious or romantic relationship before December 2021. I am concerned this may be viewed by IRCC as misrepresentation because we have both had the same address. How do I address this issue in the application, if I need to at all?

Thanks so much in advance.

I actually don’t see any proof of common law for one year. You just opened your bank account. You don’t share utilities, lease etc. You just have the same address which doesn’t prove common law. You can declare anyone on your work insurance as it can be your friend or sometimes, your pet. So other than declaring taxes and notarized form, your documentation doesn’t prove it.

 

[bakaharshita]

I actually don’t see any proof of common law for one year. You just opened your bank account. You don’t share utilities, lease etc. You just have the same address which doesn’t prove common law. You can declare anyone on your work insurance as it can be your friend or sometimes, your pet. So other than declaring taxes and notarized form, your documentation doesn’t prove it.

Thanks! I was going by the list of what's provided on the IRCC website that can be used as proof. Can you please suggest what else I can use? Perhaps some letters from our friends who have known us?

 

[Ponga]

As an aside, I wonder if you will be asked to provide evidence that you will leave Canada at the end of your authorized stay?

Since IRCC will know that you are in a common-law relationship with your partner, who is also in Canada on a visa, the officer may want proof of ties back to your home country? Maybe?


https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5256-applying-visitor-visa-temporary-resident-visa.html
What are the requirements you must meet for a TRV?

You must show the officer that you meet the requirements of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations and that you will be in Canada for a temporary stay.

You must also:

• satisfy an officer that you will leave Canada at the end of your stay,

 

[ridhamshah1025]

Hey,

I am planning to apply for PR with my common-law partner. I have a question regarding the lease agreement. In the past two years and the current lease agreement, my name, my partner's name, and the name of a friend (because the apartment is a 2 BHK and we have a close friend living with us) are all included. Is this acceptable as one of the proofs for our common-law partnership, or does the lease have to include only me and my partner?

 

[Radmin]

Remember that the legal definition of common law partner is living together in a marriage-like relationship for at least one year, you can live at the same address for the first months or years and not be considered partners. The evidence that you described is valid as proof of cohabitation.evidence with Dates and timestamps is important.