Common Law Question

[adam98090]

Hello,

So I have just received my ITA and upon logging into my account and going ahead with the application the first question is about status. Me and my girlfriend have just become common law this month so in being honest I answer the first question as common law and no longer single. My issue is it is then asking if you partner will be entering with you or not. Me and my girlfriend are already in the country and she is a Canadian citizen and the options to chose are about someone who is not already a citizen. So for my case would I chose not entering with her? and then it requires a tonne of information about her, last 10 years history, jobs, holidays etc. Would this be required for a Canadian citizen as being mentioned on my application as I am the one applying for residence?

Hopefully this makes sense, and I appreciate the time you spent reading and possibly helping.

 

[jes_ON]

Your CLP is non-accompanying because an "accompanying" family member is one who is immigrating with the applicant.

There is another question at a later time about relatives who are Citizens / Permanent residents, you can indicate there that she is a Canadian citizen.

You should not be asked a ton of questions.

 

[karlos_macca]

Hi Adam,
I am in the exact same boat. I guess if the Common Law Partner is Canadian we say no, as we are not bringing them with us? As for the question of relatives in Canada who are Citizens, are we correct to say yes for Common Law partners at that point?

Also, do Common Law partners who are Canadian citizens add points to our Expree Entry total? When I did the quick assessment, it does not take them into account.

 

[adam98090]

thanks jes_ON. I assumed it was non accompanying and went ahead with that was just making sure, its more the fact its asking all her history which I don't mind doing I just didnt want to do it if a letter or a form later down the line makes all her history exempt.

 

[adam98090]

karlos, I do not know the answer to your questions, I havnt done the forms yet so have not seen the questions or looked at the online guide for the forms. As jes_ON said it seems you would say that your common law partner is a relative but my instinct would be to say know so I'd look into it more.
As for your points, im unsure as when I did my express entry profile we were not yet officially common law it was only once I got an ITA that we had just become common law.

 

[jes_ON]

thanks jes_ON. I assumed it was non accompanying and went ahead with that was just making sure, its more the fact its asking all her history which I don't mind doing I just didnt want to do it if a letter or a form later down the line makes all her history exempt.

Good news - You do not need to fill out all the forms for her! For the "usual" situation with a foreign non-accompanying spouse, they need all these forms completed for non-accompanying family members, to allow them to be sponsored later.

I'm not sure why the programmers are not smart enough to exclude Canadian spouses (guess they officially assume you'd be applying via the Family Class), but instead of filling out those forms, you write a brief letter of explanation - "My CLP is Name, DOB .. " is already a Canadian citizen, include a scan of her birth certificate and/or passport.

Before EE - you would simply exclude any mention of the Canadian spouse (except for on the Additional Family Information form), and include a letter of explanation with the identity documents.

With EE, you really can't answer "No" on the spouse, but for some reason, the logic doesn't automatically exclude the Canadian family members. But you can upload the letter of explanation in place of the documents.

 

[adam98090]

thanks so much for the info

 

[Naheulbeuck]

I'll just add that in order to avoid issues with CRA (and repayment of benefits along with interest), you need to contact them to declare that you are now common law (it will impact your GST credit unfortunately).

 

[jes_ON]

I'll just add that in order to avoid issues with CRA (and repayment of benefits along with interest), you need to contact them to declare that you are now common law (it will impact your GST credit unfortunately).

That is correct, you (or your CLP) are required to notify the CRA about the change in marital status, using this form:
http://www.cra-arc.gc.ca/E/pbg/tf/rc65/README.html

Keep a copy/scan of the form, this is one document you can use to prove your status.

 

[adam98090]

okay, thanks for the heads ups, although it will affect my gst its better than having to pay money back later down the line. Thanks guys.

 

[adam98090]

Okay so I completed the first section of applying for residency, I am now at the stage of uploading all my documentation. Now as far as the common law section goes it is asking for proof of passport, proof of relationship, and proof of family member status. Now if im applying through experience class and my girlfriend is canadian, are these things required. I can get copy of passport easily enough but I would have to get a notery to sign a document to prove our relationship etc, is all this really required when its my application and not a common law sponsorship?

 

[adaytoremember]

Okay so I completed the first section of applying for residency, I am now at the stage of uploading all my documentation. Now as far as the common law section goes it is asking for proof of passport, proof of relationship, and proof of family member status. Now if im applying through experience class and my girlfriend is canadian, are these things required. I can get copy of passport easily enough but I would have to get a notery to sign a document to prove our relationship etc, is all this really required when its my application and not a common law sponsorship?

Yes, unfortunately those steps are all required, even though you aren't sponsoring her, you still have to provide all of the documents. I believe I also provided a copy of my spouse's birth certificate as well, but that was optional.