Documents requirements please help asap!

[Tombell1997]

Hi, can someone please let me know if every single document required for common law needs to be 12 months old??

Couldn't change some of my addresses for about 2 months, bank statements are the oldest one at 12 months so do I have to wait till the rest of the documents are 12 months?

 

[YVR123]

I don't understand your question. I think document should be current. Why do they need to be 12 months old?

If you want to use the document to proof a common law relationship or that you and your spouse have been living together for 12 months, then you need document dated back 12 months ago (and with continue proof for the 12 months period).
If you have primary proof (rental agreement with both names) for the 12 months period, some of the secondary proof could be less. (adding partner to insurance)

 

[Tombell1997]

I don't understand your question. I think document should be current. Why do they need to be 12 months old?

If you want to use the document to proof a common law relationship or that you and your spouse have been living together for 12 months, then you need document dated back 12 months ago (and with continue proof for the 12 months period).
If you have primary proof (rental agreement with both names) for the 12 months period, some of the secondary proof could be less. (adding partner to insurance)

Yes I'm talking about documents we need to prove 12 month of cohabitation, we only have two documents that's 12 months old till today and it's letter from landlord and bank statements, the rest of our documents are about 10 months old to date, my question is that, will the bank statement and the landlord letter alone be sufficient to prove 12 months of cohabitation or does all our documents have to be 12 months to prove it?

 

[armoured]

Yes I'm talking about documents we need to prove 12 month of cohabitation, we only have two documents that's 12 months old till today and it's letter from landlord and bank statements, the rest of our documents are about 10 months old to date, my question is that, will the bank statement and the landlord letter alone be sufficient to prove 12 months of cohabitation or does all our documents have to be 12 months to prove it?

The question then is whether the specific docs are strong enough on their own to support the 12 months cohabitation.

Letters in general including bank statements and letter from landlord (as opposed to lease or lease amendment) - things with consequences as opposed to just 'post office' box - are overall a bit weak.

It's up to you to decide but it would be better to wait until your solidest evidence supports the 12 months. Files do - not infrequently - have problems with insufficient evidence about the start of the common law cohabitation.

 

[Tombell1997]

The question then is whether the specific docs are strong enough on their own to support the 12 months cohabitation.

Letters in general including bank statements and letter from landlord (as opposed to lease or lease amendment) - things with consequences as opposed to just 'post office' box - are overall a bit weak.

It's up to you to decide but it would be better to wait until your solidest evidence supports the 12 months. Files do - not infrequently - have problems with insufficient evidence about the start of the common law cohabitation.

A letter from our landlord isn't good enough? It's a signed affidavit

We also have joint bank accounts (10 months old)

Both our I.ds have the same address but it's only 10 months old

We have etransfers between us and a lot of mails and receipts that shows our addresses

My cra address is also same as hers but it's only 8 months old as I forgot to change mine till like 4 months after moving in


Are these documents sufficient or do we need more stuff?

Also all utilities are included In the rent so there's no need for seperate utility accounts, that's why we don't have one

 

[armoured]

A letter from our landlord isn't good enough? It's a signed affidavit
...
Are these documents sufficient or do we need more stuff?

No one can tell you what's sufficient. All sounds solid for the date ten months in.

What's a signed affidavit? It's just a letter. (There is a specific precise legal meaning that I don't think is relevant - but I'm not a lawyer, and I'm not IRCC). And an after-the-fact letter is nice, but it's not a contemporaneous doc.

Maybe you do have enough; but you have much more if you wait two months, and you will have to decide whether that's preferable in your circumstance.

Note, possibly repeating somewhat - all the evidence after that date is useful to support your relationship. But the task is demonstrating that you started living together on that 12-month date.

 

[Tombell1997]

No one can tell you what's sufficient. All sounds solid for the date ten months in.

What's a signed affidavit? It's just a letter. (There is a specific precise legal meaning that I don't think is relevant - but I'm not a lawyer, and I'm not IRCC). And an after-the-fact letter is nice, but it's not a contemporaneous doc.

Maybe you do have enough; but you have much more if you wait two months, and you will have to decide whether that's preferable in your circumstance.

Note, possibly repeating somewhat - all the evidence after that date is useful to support your relationship. But the task is demonstrating that you started living together on that 12-month date.

Thanks for the reply, one final thing

Here are the documents we ll have if we decide to wait 12 months

Joint bank account
Personal account with same address
Notarized letter from landlord
Letters mailed to addresses in both our names
Amazon delivery receipts
Pictures
Letter from friends and family
Cra address change and mailed letter from cra

P.s the one being sponsored is out of status, I know there's a public policy that let's us apply inland but are these documents sufficient?

 

[armoured]

Thanks for the reply, one final thing

Here are the documents we ll have if we decide to wait 12 months

Joint bank account
Personal account with same address
Notarized letter from landlord
Letters mailed to addresses in both our names
Amazon delivery receipts
Pictures
Letter from friends and family
Cra address change and mailed letter from cra

P.s the one being sponsored is out of status, I know there's a public policy that let's us apply inland but are these documents sufficient?

I thought you had implied earlier that your lease had been updated to 12 months ago?

When you say 'letters mailed to addresses' - official letters? Government, utilities, insurance, what? (I see you do have cra address).

Has common law status been declared with CRA?

You'll have to decide yourself though.

I don't know much about the being out of status issue.

 

[Tombell1997]

I thought you had implied earlier that your lease had been updated to 12 months ago?

When you say 'letters mailed to addresses' - official letters? Government, utilities, insurance, what? (I see you do have cra address).

Has common law status been declared with CRA?

You'll have to decide yourself though.

I don't know much about the being out of status issue.

Only my name is on the lease, landlord wouldn't change it to avoid rent increase for me but he said he'd provide a notarized letter and since yiu said it's better to wait full 12 months and most of our other documents are still 10 months old, we ll wait till everything is 12 months old

And as for cra, we intend to file our tax together next year during tax season

 

[armoured]

Only my name is on the lease, landlord wouldn't change it to avoid rent increase for me but he said he'd provide a notarized letter and since yiu said it's better to wait full 12 months and most of our other documents are still 10 months old, we ll wait till everything is 12 months old

And as for cra, we intend to file our tax together next year during tax season

I see. Don't understand the landlord's point, but whatever. Important point: do you reside in this residence with other people? Or just the two of you and only the two of you throughout this period?

I believe you can change your CRA status to married/common law at any time, but not certain.
https://www.canada.ca/en/revenue-agency/services/child-family-benefits/update-your-marital-status-canada-revenue-agency.html

(Link says that in fact you must change it)

 

[Tombell1997]

I see. Don't understand the landlord's point, but whatever. Important point: do you reside in this residence with other people? Or just the two of you and only the two of you throughout this period?

I believe you can change your CRA status to married/common law at any time, but not certain.
https://www.canada.ca/en/revenue-agency/services/child-family-benefits/update-your-marital-status-canada-revenue-agency.html

(Link says that in fact you must change it)

It's just the two of us living together the whole time. Thanks, ill work on changing the cra status to common law asap

We can't submit our application if we waited to file our taxes next year?

About the lease, I have a lease and it's just my name on it, I'd have to sign a new lease to add her name to it, my lease ends next month and we plan on getting a new lease in both our names this time so right now, the landlord can only give us signed letter saying he knows she's been staying with me

I don't see why it's an issue but that's what he says atleast and I can't really fight him on it

 

[armoured]

We can't submit our application if we waited to file our taxes next year?

Don't understand the question. You can declare your marital status has changed now. That's it.

About the lease, I have a lease and it's just my name on it, I'd have to sign a new lease to add her name to it, my lease ends next month and we plan on getting a new lease in both our names this time so right now, the landlord can only give us signed letter saying he knows she's been staying with me

I don't see why it's an issue but that's what he says atleast and I can't really fight him on it

I don't understand the landlord's point but whatever. If you're waiting a month or so anyway you can submit the letter from landlord with new lease in both names, seems to me the letter would be more credible in context of new lease. Perhaps not important though.

 

[Tombell1997]

Don't understand the question. You can declare your marital status has changed now. That's it.



I don't understand the landlord's point but whatever. If you're waiting a month or so anyway you can submit the letter from landlord with new lease in both names, seems to me the letter would be more credible in context of new lease. Perhaps not important though.

Thanks a lot for the replies

In your opinion, do you think our documents are sufficient enough? Cos I genuinely don't know what else to add

 

[armoured]

Thanks a lot for the replies

In your opinion, do you think our documents are sufficient enough? Cos I genuinely don't know what else to add

I think it's stronger with the extra couple of months and the CRA declaration.

But don't feel my opinion matters or is appropriate - only you know other aspects of your file and history and application, some of which might be relevant and important.

Generally applications for applicants out-of-status and only just over the minimum 12 months residing together to be considered common law are going to get more scrutiny (for obvious reasons).

Want to strengthen your app? Get married. This removes from the discussion whether the technical requirement of 12 months residing together is met, and all of the joint residence / cohabitation information becomes evidence in support of the relationship.

I know some don't wish to and you can have your own reasons, of course.

 

[Tombell1997]

I think it's stronger with the extra couple of months and the CRA declaration.

But don't feel my opinion matters or is appropriate - only you know other aspects of your file and history and application, some of which might be relevant and important.

Generally applications for applicants out-of-status and only just over the minimum 12 months residing together to be considered common law are going to get more scrutiny (for obvious reasons).

Want to strengthen your app? Get married. This removes from the discussion whether the technical requirement of 12 months residing together is met, and all of the joint residence / cohabitation information becomes evidence in support of the relationship.

I know some don't wish to and you can have your own reasons, of course.

I appreciate the input, maybe we'll await for 15 months then if that might help....or we ll hire a lawyer to help at 12 months mark if we can't wait