Indicate 1 or 2 years as common law

[JCBB]

Hello,

I and my partner have a question. We have filled out the Statutory Declaration of Common-Law Union (IMM 5409), indicating that we have been common law for 2 years. We enclosed the rental agreement for 1 year living together, and a current proof that we have a joint bank account for 2 years.

The doubt arises, after consulting with an immigration consultant. She told us that we should put 1 year, since when we came to Canada with the WHV (in which we are now and is about to expire), we indicated that we were single, since in our country we were not considered common law, and therefore they can interpret that as lying (putting 2 years and having put single when we came here).

Another lawyer told us that if we explained it in the document, there should be no problem.

Can anyone give me their opinion?

Thank you very much

 

[armoured]

I would write clearly in a separate document how long you have been living together. The period in which you have been common law is that period of time minus 12 months.

People do, informally, refer to their common law period as beginning when they started living together, and that's formally incorrect.

I didn't understand the rest of your time periods and when you came to Canada.

 

[JCBB]

I would write clearly in a separate document how long you have been living together. The period in which you have been common law is that period of time minus 12 months.

People do, informally, refer to their common law period as beginning when they started living together, and that's formally incorrect.

I didn't understand the rest of your time periods and when you came to Canada.

We arrive in Canada in September 8th 2023. We have been living together in Canada 11 months (since end of September of last year), and in our country 6 months (but in my partner family house, so we don´t have a contract)

 

[canuck78]

We arrive in Canada in September 8th 2023. We have been living together in Canada 11 months (since end of September of last year), and in our country 6 months (but in my partner family house, so we don´t have a contract)

So you weren’t common law before coming to Canada and haven’t been common law for 2 years. If anything I would suggest waiting until you have proof of 12 months living together before applying for anything as common law because you lack proof of cohabitation abroad. You also must inform CRA of your common law status.

 

[SP55555]

We can't wait exactly until that date because we need yo apply in the next 2 weeks, and the 12 months in Canada would be at the end of September... We probably will explain the situation. Thanks!

 

[canuck78]

We can't wait exactly until that date because we need yo apply in the next 2 weeks, and the 12 months in Canada would be at the end of September... We probably will explain the situation. Thanks!

You need more than an explanation you need proof of living together for a full year.

 

[SP55555]

Thanks for your answer. I hope that for 3 weeka until the 12 months, taking into account that we share bank account since 2022 (one of the proofs that they ask), dont refuse hahaha. But there are idiots everywhere...

 

[armoured]

Thanks for your answer. I hope that for 3 weeka until the 12 months, taking into account that we share bank account since 2022 (one of the proofs that they ask), dont refuse hahaha. But there are idiots everywhere...

Sharing bank accounts speaks to the relationship as marriage like, not really to cohabitation (meaning it usually shows that the cohabitation was not a roommate situation, for example). You will need to show that you cohabited in September 2023, as part of the cohabitation period beginning before you moved here or de novo.