Common law question.. (CRA)

[Canada8197]

Hey all. I posted on another thread but this is another question so I didn't want to bump that post up for no reason.

Basically, we declared common law to CRA as dated June 2017 because in June 2016, I arrived and lived with my boyfriend. Now, we had wanted to apply for common law soon but since all we would have is a rental agreement and a letter from his father, it's not really "proof" of our cohabitation. Hence why we decided to change the martial status back to single until we have more official proof available. however, CRA said they can't change it and since they don't need or want proof that we lived together, it doesn't affect them. However, will this affect our application for later on since we're going to just extend my visitor status until we have a stronger case? Or what can I do? As the rental agreement would be the one and only proof of cohabitation until October 2016 where I have a phone bill and also August 2016 for insurance. Also due to the fact that we were separated for 30 days in August - September due to family emergency, so I'm afraid that when we submit the application later on (April would be when due to joint bank), the cic officer would both be confused and may feel there's something suspicious going on. Please help!

 

[Helena R]

I answered your question previously, you shouldn´t be afraid of applying for PR now.

In CIC website it says that you can be apart for family reasons either short time or temporarily. The month apart is not even relevant in your case. As long as everything is truthful it´s ok.

In regard to proof, what exactly do you have ? Lease agreement ? That´s the strongest thing. And joint bank account even if it´s new.

When I applied as common´law I didn´t have anything but a written note from the landlord, there was not even a lease agreement.and it was ok. They need to see that it´s genuine, you don´t need tons of papers.

And you´ll have to fill out the statutory declaration of common law union which signed by a notary, that´s proof enough.

 

[Helena R]

As far as I heard, Revenue Canada has nothing to do with Immigration Canada as far as immigration purposes. So it shouldn´t affect anything on your application.

Just to clarify, I´m not trying to insist you on applying I just want to let you know that you shouldn´t be scared of the PR process, and sometimes it´s simpler than what people picture it. That´s it.

 

[canuck_in_uk]

I answered your question previously, you shouldn´t be afraid of applying for PR now.

In CIC website it says that you can be apart for family reasons either short time or temporarily. The month apart is not even relevant in your case. As long as everything is truthful it´s ok.

In regard to proof, what exactly do you have ? Lease agreement ? That´s the strongest thing. And joint bank account even if it´s new.

And you´ll have to fill out the statutory declaration of common law union which signed by a notary, that´s proof enough.

If you read OP's entire thread, you will see that yes, there are serious concerns with them applying now.

We have seen common-law apps refused for 3-4 week separations, so it is most certainly relevant.

As OP already said, they have been living with the partner's father and haven't had a lease.

The Stat Dec of Common-law is not proof. It's no longer even mentioned in the guide or checklist.

Hence why we decided to change the martial status back to single until we have more official proof available. however, CRA said they can't change it and since they don't need or want proof that we lived together, it doesn't affect them. However, will this affect our application for later on since we're going to just extend my visitor status until we have a stronger case?

Nothing to worry about. Note that IRCC and CRA actually have their own definitions of common-law, so it is easily possible to be common-law in the eyes of CRA but not IRCC.

 

[Canada8197]

If you read OP's entire thread, you will see that yes, there are serious concerns with them applying now.

We have seen common-law apps refused for 3-4 week separations, so it is most certainly relevant.

As OP already said, they have been living with the partner's father and haven't had a lease.

The Stat Dec of Common-law is not proof. It's no longer even mentioned in the guide or checklist.




Nothing to worry about. Note that IRCC and CRA actually have their own definitions of common-law, so it is easily possible to be common-law in the eyes of CRA but not IRCC.

Thank you canuck. I do understand that cases depends on which officer I get reviewing my case. Should I just apply for an extension in December and state reason as wanting to become common law? I don't need to mention the status of CRA, do I? Or should I mention I'd like an extension for a stronger case/proof for common law sponsorship?
I was also planning on applying for IEC NZ which would be better as I'd be granted valid status with a work permit up til my passport expires in November 2018. However, on that form, should I list myself as single, as like you said ircc views common law differently from CRA?

Thank you very much.

 

[canadianwoman]

You can be common-law even if you don't have proof of it - it is just a fact. Whether you can prove it is another question. So for CRA, they just accept that you are common-law because you said you were, and have the same address. Don't try to file as single now, unless you break up. For CIC, you have to have proof that covers a whole year - so the agreement with the father is like a lease, and is good proof, but it is not as good as a real lease. I would wait until you have other things that go back over a year.
When you apply for an extension, you can say you want to become common-law, or get more proof that you are. You do not need to mention the CRA status.

 

[Rob_TO]

The month apart is not even relevant in your case. As long as everything is truthful it´s ok.
.

This is very bad and misleading advice. There have been other cases where common-law couples have seen their apps rejected for a 1 month break in cohabitation, so it is very relevant. Don't think that just because your app was ok, everyone's will be the same.

There is certainly the possibility that their app will still go smoothly, but they need to understand the potential risks here and make their own educated decision on how to proceed. The decision is up to the visa officer processing the file. Pretending everything will be fine, is not helping anyone.

And for CRA question, I agree with others that it's fine to keep common-law status with CRA no matter if they apply for PR app now or later.

 

[canuck_in_uk]

Thank you canuck. I do understand that cases depends on which officer I get reviewing my case. Should I just apply for an extension in December and state reason as wanting to become common law? I don't need to mention the status of CRA, do I? Or should I mention I'd like an extension for a stronger case/proof for common law sponsorship?
I was also planning on applying for IEC NZ which would be better as I'd be granted valid status with a work permit up til my passport expires in November 2018. However, on that form, should I list myself as single, as like you said ircc views common law differently from CRA?

Thank you very much.

If you are approved for IEC, there is no need to extend your visitor status. You can state you are common-law on the IEC app.

 

[Canada8197]

Thank you all for the help. I have submitted a request to enter the IEC pool and listed myself as common law. Let's hope everything works out.