Common Law to Spouse

[KamBag]

Hi Manny,
I am planning to apply for EE right now but I want to apply as Single and not declare my Common Law because of personal reasons.
I may get married soon to my partner and then sponsor him later. Would CIC question my choice of not declaring Common Law since they could know by us having same address on our Bank Statements and DLs.
Or will they not go back in time and check if we had same address.
Because when I sponsor him as a spouse, I would submit only recent evidence, so is there a way they would know we were common law and reject application for not declaring it in past.

Thanks a lot. Please help.

 

[DollyM]

Hi Manny,
I am planning to apply for EE right now but I want to apply as Single and not declare my Common Law because of personal reasons.
I may get married soon to my partner and then sponsor him later. Would CIC question my choice of not declaring Common Law since they could know by us having same address on our Bank Statements and DLs.
Or will they not go back in time and check if we had same address.
Because when I sponsor him as a spouse, I would submit only recent evidence, so is there a way they would know we were common law and reject application for not declaring it in past.

Thanks a lot. Please help.

If you apply as single and don't include your common law spouse you will be misrepresenting your relationship. If you become PR and land prior to your common law being declared you can never sponsor them, even if you get married later. No matter what your "personal reasons" are, you must declare your common law spouse in your application.

The answer hasn't changed from 3 hours ago when you asked the same question. https://www.canadavisa.com/canada-immigration-discussion-board/threads/common-law-declaration-question.694271/

 

[KamBag]

This is an Inland Sponsorship. We both live here. My only problem is we don't have enough proof to support Common law, its not about me trying to hide it. I don't want to get stuck because we dont have enough proof.
Rather, he would be here on Study Permit and we get married later and then I sponsor him. How will CIC know we were common law and why can't I sponsor my spouse? Can't my marital status change after I receive my PR?

 

[armoured]

Two options for you to consider:
1) Get married and apply with him as your dependent. More straightforward.

2) Apply and declare your common law partner as unaccompanying. Since he will not be getting PR from the process, it may face less scrutiny about your common law relationship (but no guarantees). You would (as a future PR) have to sponsor him later, with all the delays and other aspects involved. At least, however, you will have 'reserved the right' to sponsor him in future.

Your personal reasons are your personal reasons, but the first option makes much, much more sense (my opinion only).

But if you fail to declare as common law now, you run a serious risk that you would be unable to sponsor him at any point in the future.

 

[KamBag]

Wow.. thanks a lot for that response. How do I do the first step. We get married now, and then my status changes to Married, but him accompanying me makes us lose points, plus he isn't sure he wants to be here or not. So how do I declare dependent.

Thanms

 

[armoured]

Wow.. thanks a lot for that response. How do I do the first step. We get married now, and then my status changes to Married, but him accompanying me makes us lose points, plus he isn't sure he wants to be here or not. So how do I declare dependent.

Thanms

Read the forms and follow the instructions. Obviously if it affects your points critically, you may have to consider how to proceed (i.e. declare him as non-accompanying as one option).

Again though, note this is the family sponsorship forum. You may get more helpful answers in the EE forum.

 

[YVR123]

Wow.. thanks a lot for that response. How do I do the first step. We get married now, and then my status changes to Married, but him accompanying me makes us lose points, plus he isn't sure he wants to be here or not. So how do I declare dependent.

Thanms

He can be non-accompanying spouse as well if that works better for hte EE points. I have no experience in EE.
He will be included in medical, police, and background check.
Then you can sponsor him after you get your PR.

 

[kanoon22]

You can claim single, as long as you do not plan to sponsor him ever again. I have spoken to multiple CIC agents, they said that declaring common law is up to us as we have to prove it. It is a de facto relationship, menaing it exists only iif you can prove it.
Moreover, just living together dont make you common law, you have to be sharing expenses, be on each other's life insurance as beneficiaries, etc etc.

If you guys can prove that you are dating and not in common law you should be fine.

 

[KamBag]

Hi There,

Thanks for your reply. So we are living in same house but we are a lot of people living here. And all my worry is if I marry him after my PR and go the Spousal Sponsorship route, would that be okay..
We can tell later that we were dating, but as of now we don't share any expenses. We are just dating and living under same roof, in different rooms with other people. Do they really go back and check addresses to see if we were living together.?

Thanks again

 

[YVR123]

Hi There,

Thanks for your reply. So we are living in same house but we are a lot of people living here. And all my worry is if I marry him after my PR and go the Spousal Sponsorship route, would that be okay..
We can tell later that we were dating, but as of now we don't share any expenses. We are just dating and living under same roof, in different rooms with other people. Do they really go back and check addresses to see if we were living together.?

Thanks again

They don't have to "go back and check". Your spousal sponsorship form have fields to fill in previous addresses.

 

[KamBag]

I understand, I can say we are Common Law but we don't have enough proof to establish it. So what do we do now?
My permit expires in October and I need to apply EE before that.

 

[kanoon22]

Honestly, if your boyfriend is eligible to come to Canada on his own merits you can say that you are single and he comes to Canada on his own merits. Keep in mind, this means that you will have challenges if you try to sponsor him in future, and you can jeopardize your own PR as they might say you misrepresented as you landed as a single when in fact you were common law.

Alternatively, you can state that he is non accompanying, then he will be examined for medical, police clearance, and of course you still have to prove your common-law relation.

 

[KamBag]

Thanks for the reply. But we have only following proof, would they be enough:
- Same address on Bank Statements since an year
- Same address on DL since 3-4 months since we just got it
- Can file tax as Common Law
- Can also add him to our Vehicle Insurance whenever he gets G2 in next 2 months
- Also have a few Travel tickets from past
- Can also get affidavit from his parents and friends here
- Added him to my employer benefits last month.

But i want to apply EE in October and except Bank Statements, nothing is for an year's proof.
So what will they do with my application if there isn't enough Common Law Proof

 

[mashulia_26]

Thanks for the reply. But we have only following proof, would they be enough:
- Same address on Bank Statements since an year
- Same address on DL since 3-4 months since we just got it
- Can file tax as Common Law
- Can also add him to our Vehicle Insurance whenever he gets G2 in next 2 months
- Also have a few Travel tickets from past
- Can also get affidavit from his parents and friends here
- Added him to my employer benefits last month.

But i want to apply EE in October and except Bank Statements, nothing is for an year's proof.
So what will they do with my application if there isn't enough Common Law Proof

Even if you declare him now as a common law and then sponsor him after getting married you will not have to have proof that hes your common law partner since you will be married. It wont hurt his sponsorship in the future but if you dont declare him now it will.

 

[k.h.p.]

You can claim single, as long as you do not plan to sponsor him ever again. I have spoken to multiple CIC agents, they said that declaring common law is up to us as we have to prove it. It is a de facto relationship, menaing it exists only iif you can prove it.
Moreover, just living together dont make you common law, you have to be sharing expenses, be on each other's life insurance as beneficiaries, etc etc.

If you guys can prove that you are dating and not in common law you should be fine.

This is horrible advice.