Are we common-law?

[reservoirdog]

Hi everyone,
I feel sort of dumb for realizing this just now that my application is almost ready, but I have realized something that the CIC might not like:
When I moved to Canada in December 2011 on a visitor status, I started looking for a job. Then I went back home for 2 weeks in April 2012 while my company was applying for an LMO. During my visit I have also applied for a Working Holiday Visa, as a backup in case my LMO was denied. The LMO went through, and I never used the Open WP from the Holiday Working Program. But to apply for the Working Holiday visa, one of the requirements is that you have be residing in the country.
So my question is: can they say that my gf and I are not common-law cause they say we have been living together only since April 2012, even if were actually living together since December 2011, cause I applied for a Working Holiday Visa in April 2012? Of course I have some proofs of me living here back then, but could they deny my application because of my Working Holiday application?

 

[amikety]

Visiting counts as living together.

In fact, if you were "visiting" her in Canada for at least 6 months a year, you're a tax resident!

 

[Rob_TO]

Yes, as long as you have been living together since Dec 2011 you should qualify easily as common-law. It doesn't matter what your status was while here (student, visitor, work, whatever).

You just have to make sure it was continuous cohabitation. Going back to your home country for 2 weeks is just a temporary vacation, and wouldn't impact the "continuous" requirement. However if at some point you left for several months or something, that could be an issue.

 

[visita44]

And you sholud have proofs also that you have lived together since December 2011 not just a proof that you stayed here in Canada.

 

[reservoirdog]

Thanks everyone!
Yeah, I have some mail received at her address and a joint bank account opened in Dec 2011. All the other additional proofs are after April 2012. Would that be enough you think?

Do you think I should explain well why I have sent a working holiday application? Or they wouldn't care too much about it?

 

[amikety]

Thanks everyone!
Yeah, I have some mail received at her address and a joint bank account opened in Dec 2011. All the other additional proofs are after April 2012. Would that be enough you think?

Do you think I should explain well why I have sent a working holiday application? Or they wouldn't care too much about it?

No, I think CIC will figure out the working holiday thing on their own.

The mail and the bank account are great proofs. Did you happen to sign any type of roommate agreement with her or her landlord? Or a co-habitation agreement?

 

[reservoirdog]

No, because I have being living with her family. But we did get a statutory declaration from her parents saying I have been living there with her since Dec. 2011.
I was told that such notarized letter would have the same importance of a tenant agreement. Is that right?

 

[amikety]

No, because I have being living with her family. But we did get a statutory declaration from her parents saying I have been living there with her since Dec. 2011.
I was told that such notarized letter would have the same importance of a tenant agreement. Is that right?

Yes, it's a legally sworn document. The mail will also do just fine. Make sure it shows your address and date. I would recommend using official mail, so it's typed and easy to read, but it's not required.

By chance, is your driver's license or ID using her address? What about your address at work? I ask because my former job listed our address on our employee homepages. I could log in at home (and work) and print off that showing it as my address. (Black out your employee ID and any potential company private info if it's on there.)

If either of you have benefits work and declare the other as a dependant, you can use that too. I sent in a copy of my 'spouse' benefits card to CIC. Same goes if you have any life insurance. Ours happens to show the date the change was made too. Awesome

 

[Gary_87]

I didnt have letters to our first address as we are paperless and I wasn't added onto a lease as there wasn't one! I had a letter from the landlord and someone else in the building saying I was there however. Some people don't even have proof of this aside from the words of others. There are other things that can help though such as being on your partners benefits or getting her to file as commonlaw on her tax page, or getting life insurance!

 

[reservoirdog]

Yeah, I do have a canadian ID and paystubs from work showing the address. Also she's the beneficiary of all my life insurance. However, all of this came obviously in April/May 2012, after I got a Work Permit. But I believe that's understandable, I guess?

Also, I hate how my bank sent mail to us using prepaid letters and there is no stamp with the date on them, and the letter itself doesn't have a date. Do they still count as proof even?

 

[Gary_87]

If they have the address then its fine! I didnt keep a single envelope! It seems very weirsld that I would have cos its trash haha. Also what is to say the letter even came in that envelope?

I don't think its important reqaly.

 

[reservoirdog]

The letters are about banking stuff, so I think that's fine.

I had another question about applying common-law: i was told that my gf and I should sign a statutory declaration of common-law and attach it with the application:

1. We are not referring to the "Statutory Declaration of Common-Law Union [IMM 5409]" cause that's only if someone has a common-law partner and they are sponsoring someone else, right?

2. So, when I'm going to the notary office, do we have to bring a letter? or are there some pre-made forms for a statutory declaration of common-law?

Anyone has done this before?

 

[Gary_87]

I just filled out and included that form anyway but I'm also intrigued by this.

 

[amikety]

The letters are about banking stuff, so I think that's fine.

I had another question about applying common-law: i was told that my gf and I should sign a statutory declaration of common-law and attach it with the application:

1. We are not referring to the "Statutory Declaration of Common-Law Union [IMM 5409]" cause that's only if someone has a common-law partner and they are sponsoring someone else, right?

2. So, when I'm going to the notary office, do we have to bring a letter? or are there some pre-made forms for a statutory declaration of common-law?

Anyone has done this before?

IMM 5409 is required in some country guides.

It's the document you need to have filled out and send in. I've seen numerous threads on this forum in the few months I've been an active user where people that weren't required to fill out IMM 5409 were contacted by CIC and asked to fill it out. So do it anyway. It may save you time later.

That way you have IMM 5409 incase CIC wants it AND you have a common-law document. Two birds (one might be imaginary ) and one stone

 

[reservoirdog]

Yeah I read a few threads like that too... But I thought I was misunderstanding the type of form, cause the guideline clearly says:

This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application

(they actually say it in bold)
Could this turn against me if I include it? :S