Change in common law start date

[kryt0n]

Hi guys.

Currently completing my pr application. My partner and I have been dating since April 2011 and committed since August 2011.

Now, in our last refused work visa application we had a common law declaration date set to 12 august 2011, as that was the date we called our anniversary and the date my boyfriend began sleeping there every night.

However, completing the address history we have realised that during august 2011 - may 2012 he still had a lease on a flat round the corner which he used primarily as storage. My query is now that we are listing address history and it's clear that he had a different address to me for 6 months, should I change the start of our relationship to the date he formally moved in (relinquished his other flat) or keep it the same as the past submission?

In either case at the time of submitting our refused work permit and now we would still have qualified for the 12 months requirement. Thoughts? Would changing in the pr cause issues as they may have the date of our past declaration recorded? Or do I now submit a correct declaration and explain our relationship timeline in the loe which may account for the discrepancy.

 

[scylla]

Your common law declaration date is certainly not August 2011. Best case scenario your common law date is August 2012 (a year AFTER you started living together). I agree the fact that he had his own place leased is a bit problematic - so you may want to go with May 2013 as your common law date.

 

[kryt0n]

Your common law declaration date is certainly not August 2011. Best case scenario your common law date is August 2012 (a year AFTER you started living together). I agree the fact that he had his own place leased is a bit problematic - so you may want to go with May 2013 as your common law date.

Ok, thank you. The declaration form does ask when you started a conjugal and habitual relationship, so I'm guessing then May 2012 for that declaration. I'll explain in an LOE a timeline of our relationship so hopefully it explains it. I'm annoyed as the last one we submitted had our start date as aug 2011. We even have proof of him living at my address at that time. Do you believe this would raise red flags through processing? I've also just realised I'm asking in family class whereas I'm applying through EE. Sorry!

 

[scylla]

Ok, thank you. The declaration form does ask when you started a conjugal and habitual relationship, so I'm guessing then May 2012 for that declaration. I'll explain in an LOE a timeline of our relationship so hopefully it explains it. I'm annoyed as the last one we submitted had our start date as aug 2011. We even have proof of him living at my address at that time. Do you believe this would raise red flags through processing? I've also just realised I'm asking in family class whereas I'm applying through EE. Sorry!

Ah - my bad. I'm more familiar with the family class forms. I would go with May.

 

[kryt0n]

Ah - my bad. I'm more familiar with the family class forms. I would go with May.

No, my bad, too many tabs up. Any idea if this change would raise any eyebrows? I'm not sure how much of my last application would have been recorded before it was refused.

 

[canadianwoman]

You can just explain the situation, as simply and clearly as possible.
The date he moved in and the date the common-law relationship started is not the same, according to CIC. It depends on what the question is asking. If the question is asking when you two actually moved in together, then August 2011 is right. If they ask when the common-law relationship started, then it is one year after you moved in together. For example, the Statutory Declaration of Common-Law Union is asking when you actually moved in together, not the date one year after that.
I think you can consider August 2011 as the date you started living together, as long as you explain about the other apartment. You could also change it to when he gave up the other lease, but I would still explain since the visa officer might notice the discrepancy from your other application. In either case you have spent more than one continuous year together, so it should not be a problem.