Polyamorous relationship, taxes and immigration, do they talk?

[AshForEwe]

Hi,

I am a Canadian Citizen (landed immigrant) in a polyamorous relationship. I have a partner I live with (born Canadian) and a partner who lives in California, USA.

We want to sponsor our American partner to come to Canada. They are an AMAB nonbinary person, veteran with service connected disability from the VA.

While either of us can easily prove a relationship through plane tickets and vacations, years of hours long phone conversations etc, I wanted to ask if filing taxes as common law (for the first time) with my Canadian partner would affect my ability to sponsor my conjugal partner as IRCC does not recognize poly relationships for immigration purposes?

Thank you very much!

 

[scylla]

Hi,

I am a Canadian Citizen (landed immigrant) in a polyamorous relationship. I have a partner I live with (born Canadian) and a partner who lives in California, USA.

We want to sponsor our American partner to come to Canada. They are an AMAB nonbinary person, veteran with service connected disability from the VA.

While either of us can easily prove a relationship through plane tickets and vacations, years of hours long phone conversations etc, I wanted to ask if filing taxes as common law (for the first time) with my Canadian partner would affect my ability to sponsor my conjugal partner as IRCC does not recognize poly relationships for immigration purposes?

Thank you very much!

Canada doesn't recognize relationships with multiple partners. Unfortunately what you have planned really isn't feasible and your US partner will need to find a way to immigrate independently through an economic immigration stream like Express Entry.

 

[scylla]

Hi,

I am a Canadian Citizen (landed immigrant) in a polyamorous relationship. I have a partner I live with (born Canadian) and a partner who lives in California, USA.

We want to sponsor our American partner to come to Canada. They are an AMAB nonbinary person, veteran with service connected disability from the VA.

While either of us can easily prove a relationship through plane tickets and vacations, years of hours long phone conversations etc, I wanted to ask if filing taxes as common law (for the first time) with my Canadian partner would affect my ability to sponsor my conjugal partner as IRCC does not recognize poly relationships for immigration purposes?

Thank you very much!

Also, even if this was a relationship with just one person, a conjugal application is a non starter where the person being sponsored is American. There are no real barriers to common law or marriage.

 

[AshForEwe]

Also, even if this was a relationship with just one person, a conjugal application is a non starter where the person being sponsored is American. There are no real barriers to common law or marriage.

My partner is still married to someone else. The divorce has been going on for 1.5 yrs. I know we are eligible for conjugal sponsorship. There is also a minor child. there is a reason conjugal relationship category exists.

 

[AshForEwe]

Canada doesn't recognize relationships with multiple partners. Unfortunately what you have planned really isn't feasible and your US partner will need to find a way to immigrate independently through an economic immigration stream like Express Entry.

I have never officially declared common law with my nesting partner. So by law, I am single. I am basically asking if doing taxes together would mean I am declaring common law. My work benefits cover my nesting partner even without official common law status.

Also I don't know if you read but I mentioned service connected disability. My partner is disabled. Do you think economy, express entry and too disabled to work mesh well?

 

[scylla]

My partner is still married to someone else. The divorce has been going on for 1.5 yrs. I know we are eligible for conjugal sponsorship.

This doesn't qualify you for conjugal. There remain no immigration barriers to becoming common law. Someone who is separated but not yet officially divorced can still become common law and be sponsored for PR without a finalized divorce. Having said that, it's of course your choice to apply. You will need to show evidence of a "marriage like relationship".

The overall challenge you face is that IRCC doesn't recognize relationships with multiple partners. If you have been living with your partner in Canada for a year or more then you are common law by IRCCs definition even if you haven't declared this. Hiding this in the application to sponsor the American partner put you at risk of a misrepresentation finding (lying in the application). If IRCC decides there's misrepresentation, this can result in a five year ban for your American partner.

 

[Copingwithlife]

I have never officially declared common law with my nesting partner. So by law, I am single. I am basically asking if doing taxes together would mean I am declaring common law. My work benefits cover my nesting partner even without official common law status.

Also I don't know if you read but I mentioned service connected disability. My partner is disabled. Do you think economy, express entry and too disabled to work mesh well?

You must declare commonlaw with the CRA
It’s not a choice

https://www.canada.ca/en/revenue-agency/services/child-family-benefits/update-your-marital-status-canada-revenue-agency.html

Why would you feel the need to add the individual to your benefits but not to the CRA ?


You must tell the CRA that your marital status has changed if:

• You got married
• You became common-law
• You are separated for more than 90 days (due to a breakdown in the relationship)
• You got divorced
• You became a wido

 

[scylla]

I have never officially declared common law with my nesting partner. So by law, I am single. I am basically asking if doing taxes together would mean I am declaring common law. My work benefits cover my nesting partner even without official common law status.

Also I don't know if you read but I mentioned service connected disability. My partner is disabled. Do you think economy, express entry and too disabled to work mesh well?

See my earlier post. If you have lived with your Canadian partner for a year or more then you are in fact common law per IRCC rules / laws. If you hide this in your application, you are opening yourself up to the risk of a misrepresentation decision from IRCC. Ultimately your call. All we can do here is give you the details around the rules and explain the pitfalls.

 

[AshForEwe]

This doesn't qualify you for conjugal. There remain no immigration barriers to becoming common law. Someone who is separated but not yet officially divorced can still become common law and be sponsored for PR without a finalized divorce. Having said that, it's of course your choice to apply. You will need to show evidence of a "marriage like relationship".

The overall challenge you face is that IRCC doesn't recognize relationships with multiple partners. If you have been living with your partner in Canada for a year or more then you are common law by IRCCs definition even if you haven't declared this. Hiding this in the application to sponsor the American partner put you at risk of a misrepresentation finding (lying in the application). If IRCC decides there's misrepresentation, this can result in a five year ban for your American partner.

Being in a custody battle for a minor and being disabled (unable to work) are real barriers to becoming common law. We have traveled plenty together, he took me to see my family last summer, we share accounts and subscriptions, order each others' food and groceries and travel back and forth every other month. I am his beneficiary. We talk about 10 hours a day. I made handmade gifts for his child, she loves me. I traveled to attend multiple court hearings. We have been together for almost 4 years.

I was sponsored through common law, and we didn't have pictures or shared financials (my probationary period ended). We barely had anything to show he lived there because he didn't even change his mailing address.

My nesting partner hadn't been living with me for a year yet for last tax season. So this would be the first tax year we need to declare. I pay all the rent and bills alone. My American partner will be living with us starting next month, but he can only stay for 6 months as an American, which does not qualify for common law.

So what would happen if my nesting partner and my American partner got married? Would that sponsorship work? They have known each other for 18 years.

 

[AshForEwe]

See my earlier post. If you have lived with your Canadian partner for a year or more then you are in fact common law per IRCC rules / laws. If you hide this in your application, you are opening yourself up to the risk of a misrepresentation decision from IRCC. Ultimately your call. All we can do here is give you the details around the rules and explain the pitfalls.

My nesting partner hadn't been living with me for a year yet for last tax season. So this would be the first tax year we need to declare.

She is on my benefits because for UBC There is no required cohabitation period for adding your common-law spouse or partner to your benefits.

 

[scylla]

Being in a custody battle for a minor and being disabled (unable to work) are real barriers to becoming common law. We have traveled plenty together, he took me to see my family last summer, we share accounts and subscriptions, order each others' food and groceries and travel back and forth every other month. I am his beneficiary. We talk about 10 hours a day. I made handmade gifts for his child, she loves me. I traveled to attend multiple court hearings. We have been together for almost 4 years.

I was sponsored through common law, and we didn't have pictures or shared financials (my probationary period ended). We barely had anything to show he lived there because he didn't even change his mailing address.

My nesting partner hadn't been living with me for a year yet for last tax season. So this would be the first tax year we need to declare. I pay all the rent and bills alone. My American partner will be living with us starting next month, but he can only stay for 6 months as an American, which does not qualify for common law.

So what would happen if my nesting partner and my American partner got married? Would that sponsorship work? They have known each other for 18 years.

I feel your situation is sufficiently complex that you would benefit from getting advice from an immigration lawyer. None of us here are lawyers and that additional assurance/advice would be good IMO. You want to be careful about not misrepresenting anything, both when the application is submitted and any material changes while the application is processing. US conjugal application have historically had very very low approval rates. But of course ultimately your call.

I am not clear if the minor is in Canada or if the parent is your partner in the US. If in the US, assume you are aware that either sole custody or approval from the other parent is needed to bring the child to Canada.

 

[canuck78]

My nesting partner hadn't been living with me for a year yet for last tax season. So this would be the first tax year we need to declare.

She is on my benefits because for UBC There is no required cohabitation period for adding your common-law spouse or partner to your benefits.

This is getting confusing. We are referring to your Canadian partner that you have declared you are common law with and may have sponsored you to get PR. The fact they are rarely mentioned and you declare that you pay all the expenses is very confusing. You may have been able to list your American partner on your UBC benefits doesn’t mean they are actually entitled to the benefits or that you won’t be required to prove common law status if you try to make a claim. Insurance fraud is not a great idea. It is a crime but also a great way to end your relationship with UBC. Puzzled as to why your legal common law partner is not being declared as your dependent and how are you listed as single if you are in a common law relationship with the Canadian partner?

Would add your American partner can attempt to visit Canada but there are no guarantees if they can visit and for how long. If they are unemployed and disabled there could be concerns about ties to the US, access to healthcare, funds, etc. Do they have a home to return to in the US?

Agree you need to consult a lawyer but doesn’t change the fundamental issue which is Canada does not legally recognize the ability to have 2 common law partners/spouses at the same time.

 

[scylla]

This is getting confusing. We are referring to your Canadian partner that you have declared you are common law with and may have sponsored you to get PR. The fact they are rarely mentioned and you declare that you pay all the expenses is very confusing. You may have been able to list your American partner on your UBC benefits doesn’t mean they are actually entitled to the benefits or that you won’t be required to prove common law status if you try to make a claim. Insurance fraud is not a great idea. It is a crime but also a great way to end your relationship with UBC. Puzzled as to why your legal common law partner is not being declared as your dependent and how are you listed as single if you are in a common law relationship with the Canadian partner?

Would add your American partner can attempt to visit Canada but there are no guarantees if they can visit and for how long. If they are unemployed and disabled there could be concerns about ties to the US, access to healthcare, funds, etc. Do they have a home to return to in the US?

Agree you need to consult a lawyer but doesn’t change the fundamental issue which is Canada does not legally recognize the ability to have 2 common law partners/spouses at the same time.

The OP will have to commit misrepresentation to submit the application. That's the simple truth. You know it and I know it. It doesn't matter if the OP goes ahead with the conjugal path or if their Canadian partner goes the marriage route, the application will still involve material misrepresentation. As we all know, misrepresentation can carry some very heavy consequences if caught.

I'm personally not comfortable advising them further.

 

[canuck78]

The OP will have to commit misrepresentation to submit the application. That's the simple truth. You know it and I know it. It doesn't matter if the OP goes ahead with the conjugal path or if their Canadian partner goes the marriage route, the application will still involve material misrepresentation. As we all know, misrepresentation can carry some very heavy consequences if caught.

I'm personally not comfortable advising them further.

I’m not convinced that misrepresentation hasn’t already happened on previous applications not to mention other legal documents. Agree they need a consultation with a lawyer to get a reality check.