Common-law relationship determination

[worriedadhd]

How do I check if my current situation will lead to me being in a common-law relationship?

Girlfriend and I started living together in January this year in Guelph, ON. We have one house, joint bank accounts, phone bills, joint finances, etc.

Now, we are both moving to Toronto till December. We will still continue everything joint, except we still have our place in Guelph where my girlfriend will stay there around 1-3 nights a week (number of nights depends on her shift schedule), every week, for a shorter commute to her work in Cambridge, ON.

In summary, we will 'live together' in the same place for minimum 4 nights a week, maximum 6-7 nights a week. This is possible because she has a part-time job so at most she is working for 4 days (3 nights) in Cambridge. Sometimes she works on weekends so I will go to Cambridge to be with her.

Do we still count this as cohabitation? We will both update our addresses to the Toronto house, continue with joint bank accounts, phone bills, and joint finances. Our relationship is still continuing. The only difference is she will consistently go to Guelph for 1-3 nights depending on her shift schedule, every single week. This is only till mid/late-December, and then we will go back to having only 1 household

 

[canuck78]

How do I check if my current situation will lead to me being in a common-law relationship?

Girlfriend and I started living together in January this year in Guelph, ON. We have one house, joint bank accounts, phone bills, joint finances, etc.

Now, we are both moving to Toronto till December. We will still continue everything joint, except we still have our place in Guelph where my girlfriend will stay there around 1-3 nights a week (number of nights depends on her shift schedule), every week, for a shorter commute to her work in Cambridge, ON.

In summary, we will 'live together' in the same place for minimum 4 nights a week, maximum 6-7 nights a week. This is possible because she has a part-time job so at most she is working for 4 days (3 nights) in Cambridge. Sometimes she works on weekends so I will go to Cambridge to be with her.

Do we still count this as cohabitation? We will both update our addresses to the Toronto house, continue with joint bank accounts, phone bills, and joint finances. Our relationship is still continuing. The only difference is she will consistently go to Guelph for 1-3 nights depending on her shift schedule, every single week. This is only till mid/late-December, and then we will go back to having only 1 household

Her stay in Guelph should be a problem. You are required to live together full-time to qualify for common law and also to qualify if you are applying for inland sponsorship. 1-3 days a week is a significant amount of time spent apart and part of your routine not something that is a one time event,

 

[Terang1987]

Her stay in Guelph should be a problem. You are required to live together full-time to qualify for common law and also to qualify if you are applying for inland sponsorship. 1-3 days a week is a significant amount of time spent apart and part of your routine not something that is a one time event,

Hi good evening!

I would like to ask if I can apply for SOWP for my partner and visit all other types for our daughter. We work in Taiwan and lived together from June
2018 to September 2020. Then I came here to Canada as a worker.

1. I have declared her as common law when filing tax.
2. I named her as my beneficiary in my life insurance.
3. I have property and we’re changing it under our name and currently in process.
4. We will try to get a joint bank account back home if the bank will allowed if I’m here in Canada.

*Does our daughter can be considered as proof of relationship? Our daughter used my family name and was planning to attach her birth certificate and family photos.

 

[canuck78]

Hi good evening!

I would like to ask if I can apply for SOWP for my partner and visit all other types for our daughter. We work in Taiwan and lived together from June
2018 to September 2020. Then I came here to Canada as a worker.

1. I have declared her as common law when filing tax.
2. I named her as my beneficiary in my life insurance.
3. I have property and we’re changing it under our name and currently in process.
4. We will try to get a joint bank account back home if the bank will allowed if I’m here in Canada.

*Does our daughter can be considered as proof of relationship? Our daughter used my family name and was planning to attach her birth certificate and family photos.

When you applied for your WP was she declared on your application as common law?

 

[Terang1987]

It was single when I first applied for work permit when I was in Taiwan last 2020 but I called IRCC last August 2022 to correct my status. When I renew my work permit recently,I was common law.
She was already pregnant with our daughter when I came here.

 

[Terang1987]

The recent date I gave was wrong. I called my HR to confirm the date.
It was March 3,2021 when my HR and I called IRCC to change my status to common law.

 

[canuck78]

It was single when I first applied for work permit when I was in Taiwan last 2020 but I called IRCC last August 2022 to correct my status. When I renew my work permit recently,I was common law.
She was already pregnant with our daughter when I came here.

When you landed in Canada on your WP had you lived together for 1 year? Assume so. You were required to update your file and include your common law spouse on your WP before landing. This creates problems. Hard to say how IRCC will view this situation.

 

[Terang1987]

Yes we lived together for 2 years in Taiwan. She went back home year 2020 cuz I got her pregnant then I came here to work in 2020 also. I updated my status into common law in IRCC last March 3,2021. I also put common law when I applied work permit extension and was approved this month.
I want to apply SOWP and visit visa for our 2 year daughter,is it possible?

 

[Terang1987]

When you landed in Canada on your WP had you lived together for 1 year? Assume so. You were required to update your file and include your common law spouse on your WP before landing. This creates problems. Hard to say how IRCC will view this situation.

Do you think the application will be approve if we apply given the scenario above?

 

[canuck78]

Yes we lived together for 2 years in Taiwan. She went back home year 2020 cuz I got her pregnant then I came here to work in 2020 also. I updated my status into common law in IRCC last March 3,2021. I also put common law when I applied work permit extension and was approved this month.
I want to apply SOWP and visit visa for our 2 year daughter,is it possible?

You were required to update your status to common law before you landed.

 

[canuck78]

Do you think the application will be approve if we apply given the scenario above?

Impossible to say what will happen because you didn’t declare that you were common law on the first application once you became common law. All you can do is apologize for not realizing you were required to update any changes to your family composition before landing (it is specified in the documentation). Did you declare yourself as common law when initially registering with CRA?

 

[Terang1987]

I didn’t know before that it was very important for me to declare as common law. My first year of filing my tax year 2020 was single then I updated it year 2021 into common law. I also send a letter that my previous status was filed incorrectly.

Can we attach letter of explanation when we apply for SOWP? Can I also include my letter that I send to CRA?