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common law question

superman2012

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Nov 20, 2014
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Hi, I have a question. My partner already sign a contract with the landlord but my name is not included in the contract or lease agreement.so I think we can't submit a rental agreement in our application.

can we just ask our housemate to write a letter stating that we live together in same address for a year? And another question, can our landlord include my name in the contract even if my partner already signed it?
 

scylla

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It would be better for the landlord to write the letter confirming you have lived together at the same address.

You will have to ask the landlord if it is possible to add your name to the contract.
 

princessofmylife

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Your partner, lease holder, should write a letter to landlord asking to add you as an occupant. With the letter, include copy of two pieces of ID and admin fee ( if any) to obtain new lease. We charge $ 50 for new lease. The terms of lease will stay the same but will show you as an occupant.
 

Nisha647

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Mar 7, 2015
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Hi guys,
I am a bit confused so you know they say a common law partner is someone you have been living with for a yr or more. But I get confused when they say when did u enter into the common law relationship....does this mean (A) the date you moved in. (B) the day it made a year since you moved in. Am kind of worried now because when I had applied for my PGWP I had the date that I started living together on the form but now when filling out the sponsors personal details in the application for common law it says for question 8B on the instruction guid it says I should enter the date that my status changed from being single to common law not the date we started living together....so does this mean the date that it got to a year after living together or does it mean when we decided to would seriously be in a relationship. :-[ #PLEASEHELP
 

Rob_TO

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Nisha647 said:
Hi guys,
I am a bit confused so you know they say a common law partner is someone you have been living with for a yr or more. But I get confused when they say when did u enter into the common law relationship....does this mean (A) the date you moved in. (B) the day it made a year since you moved in. Am kind of worried now because when I had applied for my PGWP I had the date that I started living together on the form but now when filling out the sponsors personal details in the application for common law it says for question 8B on the instruction guid it says I should enter the date that my status changed from being single to common law not the date we started living together....so does this mean the date that it got to a year after living together or does it mean when we decided to would seriously be in a relationship. :-[ #PLEASEHELP
You already answered your own question - "I should enter the date that my status changed from being single to common law not the date we started living together"

So it's as of the date you reached 12 months of cohabitation.
 

superman2012

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Nov 20, 2014
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Rob_TO said:
You already answered your own question - "I should enter the date that my status changed from being single to common law not the date we started living together"

So it's as of the date you reached 12 months of cohabitation.
what if my partner will change his status in 2016 from single to common law, so does it mean we cannot apply for sponsorship on the same year? I mean in June 2016 we will be having our 1st year of cohabitation and were planning to change our status to common law on the same year and month. In addition to this we are planning to apply in 2016 (family class sponsorship) and starting this year I will be living with him. so based on what you said most probably we will be able to apply in 2017? is that right?>
 

MilesAway

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I'm not sure where you are getting that. Once you are legally common-law, you can apply. You will have Condition 51, but there is no requirement to be common-law for a year.
 

superman2012

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Nov 20, 2014
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so can my partner sponsor me right after he declare me as his common law in his CRA? I think he will do that In june 2016 and after a month I think we can now apply. what do you think guys?
 

Panamai

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You can't change your CRA status to common-law until you have lived together for more than 365 days consecutively. It is the same for filing a common-law spouse PR application. Therefore, yes, you should be able to apply right after your partner changes their status with the CRA. My partner and I became common-law on December 30, 2014 and he changed his status the first week in January. We applied for PR January 29th.
 

Rob_TO

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Panamai said:
You can't change your CRA status to common-law until you have lived together for more than 365 days consecutively. It is the same for filing a common-law spouse PR application. Therefore, yes, you should be able to apply right after your partner changes their status with the CRA. My partner and I became common-law on December 30, 2014 and he changed his status the first week in January. We applied for PR January 29th.
Just note for tax purposes, you were common-law effective the 2014 tax year, so your taxes should be done as a common-law couple for 2014.
 

Panamai

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Rob_TO said:
Just note for tax purposes, you were common-law effective the 2014 tax year, so your taxes should be done as a common-law couple for 2014.
Yes, thanks! We are excited about that because he can claim me as a dependent, which will result in an extra refund! We definitely need it since I'm not working. :D
 

superman2012

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Nov 20, 2014
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thank you guys. I just thought that we need to wait for another year after he changed his status in CRA. thank you guys for your insights!
 

KarlR

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Panamai said:
Yes, thanks! We are excited about that because he can claim me as a dependent, which will result in an extra refund! We definitely need it since I'm not working. :D


Really?!my partner (sponser) was told she would not get as much of a refund for doing her tax return with me as common law...
So is this information wrong?and she can claim me as a dependant and get more back??
 

Panamai

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KarlR said:
Really?!my partner (sponser) was told she would not get as much of a refund for doing her tax return with me as common law...
So is this information wrong?and she can claim me as a dependant and get more back??
It depends on your income. I had zero income, so that means my partner can claim me as a dependent and subtract $10,000 from his taxable income, which appears to result in around $2,000 more refund for him.
 

KarlR

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Panamai said:
It depends on your income. I had zero income, so that means my partner can claim me as a dependent and subtract $10,000 from his taxable income, which appears to result in around $2,000 more refund for him.


Awesome!you probably saved my partner a lot of money! ;D
Thanks a lot!!!