Adding Common-law spouse after ITA?

[mzgblx]

Hello all, first thank you for your time.

My partner and I had originally planned to apply for PR seperately. Because of complications with his previous employer agreement, we have found he is having trouble with the EE system and may not qualify to apply. I have already recieved my ITA under CEC and had a score of 471.
We are thinking now that maybe I should add him to my application? We are both on post-graduate work permits, and his will expire before he can reach the 1 year mark of full-time work. He had 11 months which are not counting because it was technically considered "freelance". On his contract, it said specifically that he is NOT an employee of the company, but an independant contractor.
Should I/can I add him to my application? What does this mean legally anyway,? We have been living together for nearly 4 years, but it will be not so easy to prove that as the lease has usually been in my name. We do have record though of all bank transactions being sent to me, many photos together, and some bills being paid in his name at our address. I dont know if this is enough to prove though.

Thank you! This is the only option we can really think of as PGWP is not renewable.
:'(

 

[jes_ON]

After living together for one year, you are legally considered "common-law partners" (CLP) by the federal government, and are REQUIRED to include each other on your applications. Not to mention, he can conveniently get PR status along with you as a co-applicant on your application.

There is an affidavit form to complete (as part of your eAPR) about your common-law status. Another document that you should have filed (better late than never) is the CRA "Change of Marital Status" document, this can also be used as evidence of the common-law relationship.

http://www.cra-arc.gc.ca/E/pbg/tf/rc65/README.html

Adding your CLP will alter your CRS score, but probably not by too much, since he also studied in Canada. Because you have received an ITA and your profile is probably locked, I'm not sure if/how you can add him to your application at this point (maybe others have some ideas). But you could also consider declining the ITA, fixing your profile (meaning, adding your CLP), and waiting for the next ITA (probably this week).

 

[mzgblx]

After living together for one year, you are legally considered "common-law partners" (CLP) by the federal government, and are REQUIRED to include each other on your applications. Not to mention, he can conveniently get PR status along with you as a co-applicant on your application.

There is an affidavit form to complete (as part of your eAPR) about your common-law status. Another document that you should have filed (better late than never) is the CRA "Change of Marital Status" document, this can also be used as evidence of the common-law relationship.

http://www.cra-arc.gc.ca/E/pbg/tf/rc65/README.html

Adding your CLP will alter your CRS score, but probably not by too much, since he also studied in Canada. Because you have received an ITA and your profile is probably locked, I'm not sure if/how you can add him to your application at this point (maybe others have some ideas). But you could also consider declining the ITA, fixing your profile (meaning, adding your CLP), and waiting for the next ITA (probably this week).

Required? I did not know that. I think we will still have a hard time proving it however since we dont have leases together for a full year. Is it possible for them to accept my PR application but reject him as my co-applicant? I am just wondering how much this will affect my application, as I will be away while my application is processing and dont want to risk it

 

[jes_ON]

Required? I did not know that. I think we will still have a hard time proving it however since we dont have leases together for a full year. Is it possible for them to accept my PR application but reject him as my co-applicant? I am just wondering how much this will affect my application, as I will be away while my application is processing and dont want to risk it

Leases are only one possible type of evidence, there are many others. Sharing an address; joint bank accounts; being named as each other's beneficiary on insurance policies; the affidavit; CRA/tax documents....

He would be treated the same as a spouse. If he is inadmissible (for reasons of criminal record, etc.) you would both be refused. But apart from a small number of CRS points, eligibility will rest entirely with you, the PA.

Perhaps you could clarify what you mean by "I will be away..." Are you moving out of Canada? Are you BOTH moving together?

 

[mzgblx]

Leases are only one possible type of evidence, there are many others. Sharing an address; joint bank accounts; being named as each other's beneficiary on insurance policies; the affidavit; CRA/tax documents....

He would be treated the same as a spouse. If he is inadmissible (for reasons of criminal record, etc.) you would both be refused. But apart from a small number of CRS points, eligibility will rest entirely with you, the PA.

Perhaps you could clarify what you mean by "I will be away..." Are you moving out of Canada? Are you BOTH moving together?

No, not moving, I am just going on a visit to another country for 3 months. He will remain here and retain our address. I see, the only proof we have together is shared address then. We havent done any other things you have listed or are listed on the CIC website. Do you know if its OK to add him to my PR application now? I already did my medical and all, so I dont want to decline/wait for a new draw

 

[jes_ON]

No, not moving, I am just going on a visit to another country for 3 months. He will remain here and retain our address. I see, the only proof we have together is shared address then. We havent done any other things you have listed or are listed on the CIC website. Do you know if its OK to add him to my PR application now? I already did my medical and all, so I dont want to decline/wait for a new draw

I don't know, have you tried to add him?

 

[mzgblx]

I don't know, have you tried to add him?

No.. I don't want to add him them become disqualified :O

 

[jes_ON]

No.. I don't want to add him them become disqualified :O

??? Hmmm.... So why do you think you would become "disqualified"?

 

[mzgblx]

??? Hmmm.... So why do you think you would become "disqualified"?

Because I didn't include him in my EE. Also technically it says for 1 contunious year, and we have both always traveled each year so havent lived continuously for an entire year. Again, I know it afffects the points in EE so.. I dont want them to think I am just trying to gather more or less points. Also, I dont support him, so I feels its not necessary to legally call him my common law partner. He is already in Canada on the same work permit that I am. So, legally we are not bound in any way so I dont see why it would be a misrepresentation... The government doesnt need to know I am in a relationship...

 

[mzgblx]

Because I didn't include him in my EE. Also technically it says for 1 contunious year, and we have both always traveled each year so havent lived continuously for an entire year. Again, I know it afffects the points in EE so.. I dont want them to think I am just trying to gather more or less points. Also, I dont support him, so I feels its not necessary to legally call him my common law partner. He is already in Canada on the same work permit that I am. So, legally we are not bound in any way so I dont see why it would be a misrepresentation... The government doesnt need to know I am in a relationship...

Also, not to be meant in a rude way, but I am just wondering where you are getting the information from. I have not found anything online that says I can add him or that it is mandatory to add him. I have searched a lot, which is why I am posting the topic as I didnt find a good source of info. Is it from personal experience? Did you call CIC? I tried to call and they said that if I did add him, the process will take longer and they will send me a letter asking to explain why I didnt add him in EE. We have not filed taxes before together either or shared an account.

 

[jes_ON]

Because I didn't include him in my EE. Also technically it says for 1 contunious year, and we have both always traveled each year so havent lived continuously for an entire year. Again, I know it afffects the points in EE so.. I dont want them to think I am just trying to gather more or less points. Also, I dont support him, so I feels its not necessary to legally call him my common law partner. He is already in Canada on the same work permit that I am. So, legally we are not bound in any way so I dont see why it would be a misrepresentation... The government doesnt need to know I am in a relationship...

Well, for better or worse, you don't make the laws, and you are wrong that you are not "legally bound" in any way, at least in Canada. The government needs to know for tax purposes as well as to determine your admissibility for PR.

CRA -
http://business.financialpost.com/personal-finance/taxes/heres-why-the-cra-wants-to-know-whats-going-on-in-your-bedroom

I don't know what province you are in, but there are also provincial laws governing CL status and rights-
http://www.commonlawrelationships.ca/ontario/

Back to your application -
You would be better off to correct your error before submitting your eAPR. That is the point at which you will be committing misrepresentation.

Your travel does not negate the relationship, the law does not envisage that you are joined at the hip 24/7.

In any case, you started this thread stating a desire that your CLP gets PR status. Is that not still true?

 

[jes_ON]

Also, not to be meant in a rude way, but I am just wondering where you are getting the information from. I have not found anything online that says I can add him or that it is mandatory to add him. I have searched a lot, which is why I am posting the topic as I didnt find a good source of info. Is it from personal experience? Did you call CIC? I tried to call and they said that if I did add him, the process will take longer and they will send me a letter asking to explain why I didnt add him in EE. We have not filed taxes before together either or shared an account.

I understand. I'm not sure why you cannot find the info about CLPs on IRCC's website, but anywhere the word "spouse" appears, it is the same thing to IRCC (the only difference is the evidence you use to prove you are married (e.g. marriage certificate) vs. CLP (affidavit).

The process will take longer if you add him AFTER you submit your eAPR. (Call centre agents can be pretty bad). And you are certainly not the first person who did not understand what a CLP is and had to fix the error.

As for the taxes - you don't really "file together" but you are supposed to include each other's name on your return. You are eligible for different credits etc if you are married/CLP vs single. I've already provided the link to the CRA form you can file on change of marital status, and stated that it is "better late than never." (That means, if you correct your errors with the CRA before they find out, they live and let live; but you don't want them to discover the error and come after you).

And yes, I have a CLP (albeit Canadian) and had to learn about the rules. Learning I could be sued for alimony (if the relationship went south) after just living together made me a bit jumpy for while too : )

 

[mzgblx]

I understand. I'm not sure why you cannot find the info about CLPs on IRCC's website, but anywhere the word "spouse" appears, it is the same thing to IRCC (the only difference is the evidence you use to prove you are married (e.g. marriage certificate) vs. CLP (affidavit).

The process will take longer if you add him AFTER you submit your eAPR. (Call centre agents can be pretty bad). And you are certainly not the first person who did not understand what a CLP is and had to fix the error.

As for the taxes - you don't really "file together" but you are supposed to include each other's name on your return. You are eligible for different credits etc if you are married/CLP vs single. I've already provided the link to the CRA form you can file on change of marital status, and stated that it is "better late than never." (That means, if you correct your errors with the CRA before they find out, they live and let live; but you don't want them to discover the error and come after you).


And yes, I have a CLP (albeit Canadian) and had to learn about the rules. Learning I could be sued for alimony (if the relationship went south) after just living together made me a bit jumpy for while too : )

Thanks for all your help Jes. I think I will proceed to try and add him. I have already done all my medicals and police checks, just wondering what you think about this part? Should I tell him to go ahead and do his checks as well or should we wait till it is requested?? I have 69 days left to apply but am leaving the country in 3 weeks so a bit worried about that too.. Again thank you

 

[jes_ON]

Thanks for all your help Jes. I think I will proceed to try and add him. I have already done all my medicals and police checks, just wondering what you think about this part? Should I tell him to go ahead and do his checks as well or should we wait till it is requested?? I have 69 days left to apply but am leaving the country in 3 weeks so a bit worried about that too.. Again thank you

Yes, you have to provide his PCCs and medicals with your application.

 

[mzgblx]

Yes, you have to provide his PCCs and medicals with your application.

Ok. Thank you. I am not able to add him or to contact CIC as their phone line is totally useless...
Do you know if I can just submit all his documents, and include the marital status change document and a letter explaining that I have a common-law spouse?
Or should I decline my ITA, re-fill out EE profile, and wait for next round? I would prfer not to do this but perhaps it is the safest and clearest as it will outline all needed documents? I am filling everything by myself so am a bit worried on making a mistake.

I used the CRS tool to estimate the score with having a CLP, and the score went up, so at least that is good..