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Common Law partner advice

Jalex23

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Apr 12, 2013
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Hey experts,

The scenario:

1. My gf and I have been living together since June 2013
2. I submitted my PR application in Sept 2013. At that moment I declared myself and SINGLE.
3. Things got more serious and we are going to sign an "Adult Interdependant Partner Agreement".
4. The agreement basically makes her my Common-Law partner.

Now the questions:

- We were thinking of dating the agreement on June 1st 2013, as that was the date we started to live together. If we do this would the PR submission sent in Sept 2013 have any negative effect?
- We were thinking of using this agreement for a Work Permit application under my current WP, so this will force me to update my status with CIC for PR. Is this correct? Or will they only care about changing from single to married?
- We can also have the agreement dated January 1st, 2014. Would this make things easier?
- In any case how do I update my Marital status?

We don't have any kids, and her status right now is visitor.

Any advice would be appreciated.
 

zardoz

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Feb 2, 2013
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Jalex23 said:
Hey experts,

The scenario:

1. My gf and I have been living together since June 2013
2. I submitted my PR application in Sept 2013. At that moment I declared myself and SINGLE.
3. Things got more serious and we are going to sign an "Adult Interdependant Partner Agreement".
4. The agreement basically makes her my Common-Law partner.

Now the questions:

- We were thinking of dating the agreement on June 1st 2013, as that was the date we started to live together. If we do this would the PR submission sent in Sept 2013 have any negative effect?
- We were thinking of using this agreement for a Work Permit application under my current WP, so this will force me to update my status with CIC for PR. Is this correct? Or will they only care about changing from single to married?
- We can also have the agreement dated January 1st, 2014. Would this make things easier?
- In any case how do I update my Marital status?

We don't have any kids, and her status right now is visitor.

Any advice would be appreciated.
It doesn't matter what you sign. You become common-law for immigration purposes after you have cohabited in a conjugal relationship for a minimum of 12 continuous months. Here is the official definition you must satisfy: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.35. What is cohabitation?
“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year
 

jes_ON

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Jalex23 said:
1. My gf and I have been living together since June 2013
As far as CIC is concerned, whether for work permit or permanent residence, you won't be common-law partners until June 2014.
 

scylla

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Agreed with what others have said. You'll need to wait until June 2014 to meet the 1 year cohabitation requirement for common law.
 

Jalex23

VIP Member
Apr 12, 2013
4,463
369
Calgary
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
05-09-2013
Doc's Request.
09-04-2014
AOR Received.
06-11-2013
Med's Request
05-04-2014
Med's Done....
20-05-2014
Passport Req..
07-07-2014
VISA ISSUED...
14-07-2014
LANDED..........
06-09-2014
zardoz said:
It doesn't matter what you sign. You become common-law for immigration purposes after you have cohabited in a conjugal relationship for a minimum of 12 continuous months. Here is the official definition you must satisfy: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.35. What is cohabitation?
“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year
Awesome guys, thanks a lot, specially for the link, that clarifies a lot.

Incredible that we are common law for Alberta but not for CIC... but well it does make sense... =/