common law

[dj0010]

hello,
i do have some questions regarding common law application. I am a student in BC, currently working in saskatchewan as a nurse. my gf a PR is a nurse too. we met in one of the work areas here in sask last year. now that i found out that we cannot apply for PGWP coz of our school. all i hope is the common law application with my gf, we started living together first week of november, we have electricity bills, phone bills, lease receipts and lease contract. we are planning to open a bank account too, and change our status in our health card. we will be 1 year of cohabitating this november and my visa will expire january 31 or 2019. my questions are:

1. does it really help if we declare common law status when we file our tax return this year?

2. does it matter if i didnt apply for pgwp, coz our school is not eligible for pgwp? then proceed with the common law application?

3. After january i cant work as a student anymore. so i will change my status as visitor while waiting for the open work permit. But i am worried of refusals in common law application, how sure is common law application if we have all the documents?

I am hoping for someone who can answer some of my questions. thanks

 

[scylla]

1. Yes - it's required to show common law. It's also mandatory per CRA law.
2. No - it doesn't matter.
3. If you put together a complete application, you should be fine.

 

[Rob_TO]

hello,
i do have some questions regarding common law application. I am a student in BC, currently working in saskatchewan as a nurse. my gf a PR is a nurse too. we met in one of the work areas here in sask last year. now that i found out that we cannot apply for PGWP coz of our school. all i hope is the common law application with my gf, we started living together first week of november, we have electricity bills, phone bills, lease receipts and lease contract. we are planning to open a bank account too, and change our status in our health card. we will be 1 year of cohabitating this november and my visa will expire january 31 or 2019. my questions are:

1. does it really help if we declare common law status when we file our tax return this year?

If you started living together in Nov 2017, then you won't become common-law until Nov 2018.

So for 2017 taxes, you are both SINGLE and need to file as such.

However in Nov 2017, you should notify CRA that each of your status has changed to common-law. This could immediately affect any credits/rebates/funds etc you are getting from the government, since they would base it on your family income and not individual income. You would then file your 2018 taxes each under common-law marital status.

 

[dj0010]

If you started living together in Nov 2017, then you won't become common-law until Nov 2018.

So for 2017 taxes, you are both SINGLE and need to file as such.

However in Nov 2017, you should notify CRA that each of your status has changed to common-law. This could immediately affect any credits/rebates/funds etc you are getting from the government, since they would base it on your family income and not individual income. You would then file your 2018 taxes each under common-law marital status.

so do we need to call cra asap and inform we started conhabitating november of last year? or we just wait for us to be one year and file it next year for 2018 tax return? thanks

 

[Rob_TO]

so do we need to call cra asap and inform we started conhabitating november of last year? or we just wait for us to be one year and file it next year for 2018 tax return? thanks

You must notify them only once you actually reach 1 year of cohabitation. So tell them in Nov 2018. Don't need to say anything to CRA right now or on your 2017 taxes because right now all you are doing is dating, there is no legal relationship.

 

[dj0010]

You must notify them only once you actually reach 1 year of cohabitation. So tell them in Nov 2018. Don't need to say anything to CRA right now or on your 2017 taxes because right now all you are doing is dating, there is no legal relationship.

ok thanks rob!

 

[dj0010]

You must notify them only once you actually reach 1 year of cohabitation. So tell them in Nov 2018. Don't need to say anything to CRA right now or on your 2017 taxes because right now all you are doing is dating, there is no legal relationship.

hello rob,

you think it is risky to apply for common law? i mean the chances of approval. we will apply for open work permit too. is it possible that they will give me open work permit then refuse the common law apppication?

 

[spousalsponsee]

hello rob,

you think it is risky to apply for common law? i mean the chances of approval. we will apply for open work permit too. is it possible that they will give me open work permit then refuse the common law apppication?

The open work permit is given while they assess the application - it's entirely possible to get the OWP then get refused for the application.

The "risk" depends on whether or not you can show a genuine relationship, the same as all the family streams.

 

[Rob_TO]

hello rob,

you think it is risky to apply for common law? i mean the chances of approval. we will apply for open work permit too. is it possible that they will give me open work permit then refuse the common law apppication?

Why would it be risky? As long as you have good cohabitation proof it's exactly the same as applying when you're married.

 

[dj0010]

Thanks rob! I am just worried because i am on student visa until january 2019.. and will apply visitor visa to maintain my status while waiting for the result. yeah we have lease, lease receipts, bill for power and phone started november 1.. and pictures before we started cohabitating. hopefullt those are enough as proof.

 

[canuck78]

I also assume that you may qualify for one of thr provincial nominee programs since nursing is a profession in demand.

 

[jes_ON]

so do we need to call cra asap and inform we started conhabitating november of last year? or we just wait for us to be one year and file it next year for 2018 tax return? thanks

If you started co-habitating in November 2016, then as of November 2017 you were common-law. This is a change of marital status. You can file the CRA form - good to have as one piece of documentary proof : )

https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/rc65.html

 

[Rob_TO]

If you started co-habitating in November 2016, then as of November 2017 you were common-law. This is a change of marital status. You can file the CRA form - good to have as one piece of documentary proof : )

https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/rc65.html

They started cohabiting in Nov 2017, so will not be common-law until later this year.

 

[dj0010]

I also assume that you may qualify for one of thr provincial nominee programs since nursing is a profession in demand.

i am suppose to. but we cant get a pgwp thats needed for saskatchewan nominee program. thats sad though.

 

[canuck78]

i am suppose to. but we cant get a pgwp thats needed for saskatchewan nominee program. thats sad though.

Why not try to get a job offer and an LMIA? May be possible not sure if you are an RN or LPN. Would assume it might be possible especially for an RN.