Common-law separation after PR and CRA after

[Gigixo]

Hi everyone!
My partner of 4 years and I are separating and we just became PR in early August. We applied EE-CEC together as common law partners and my I was the dependent/ my ex partner was the primary applicant.
We somehow have been living in the same address still despite our separation (very recent, has only been a week). my ex partner wants to inform CRA about our change of status to “separated” as we are no longer together. I somehow searched about it and know that CRA will not consider us being “separated” as we are still living together, it should be 90 days living apart in different residences to be considered “separated”. I then discussed with my ex partner about me trying to find a place to move out now and we will then wait for 90 days to pass and then inform the CRA to be accurate. My ex partner however is not on the same page with me, he wants the status to be changed now and wants to tell CRA that we have actually living apart from each other 90 days ago (which is not right!!!). My concern is, if he proceeded to do so, would it raise a concern to IRCC about our PR CEC application before ? Technically speaking, if he proceeded like that, we would be considered being separated while our PR application was still in process (and this is not true at all)…Another question is, we want to apply for citizenship later on, I know that they will do background verification again and I am concerned about them thinking that our PR application before was not genuine because of my ex partner’s decision to change the CRA marital status now and declaring that we have been living apart for 90 days…
Anyone out there has any answers to my concerns above ? I would be greatly appreciated!

 

[steaky]

Hi everyone!
My partner of 4 years and I are separating and we just became PR in early August. We applied EE-CEC together as common law partners and my I was the dependent/ my ex partner was the primary applicant.
We somehow have been living in the same address still despite our separation (very recent, has only been a week). my ex partner wants to inform CRA about our change of status to “separated” as we are no longer together. I somehow searched about it and know that CRA will not consider us being “separated” as we are still living together, it should be 90 days living apart in different residences to be considered “separated”. I then discussed with my ex partner about me trying to find a place to move out now and we will then wait for 90 days to pass and then inform the CRA to be accurate. My ex partner however is not on the same page with me, he wants the status to be changed now and wants to tell CRA that we have actually living apart from each other 90 days ago (which is not right!!!). My concern is, if he proceeded to do so, would it raise a concern to IRCC about our PR CEC application before ? Technically speaking, if he proceeded like that, we would be considered being separated while our PR application was still in process (and this is not true at all)…Another question is, we want to apply for citizenship later on, I know that they will do background verification again and I am concerned about them thinking that our PR application before was not genuine because of my ex partner’s decision to change the CRA marital status now and declaring that we have been living apart for 90 days…
Anyone out there has any answers to my concerns above ? I would be greatly appreciated!

Have you talk to CRA about this?

 

[Gigixo]

Have you talk to CRA about this?

Hello,
No I haven’t. I don’t know what I should do

 

[scylla]

Hi everyone!
My partner of 4 years and I are separating and we just became PR in early August. We applied EE-CEC together as common law partners and my I was the dependent/ my ex partner was the primary applicant.
We somehow have been living in the same address still despite our separation (very recent, has only been a week). my ex partner wants to inform CRA about our change of status to “separated” as we are no longer together. I somehow searched about it and know that CRA will not consider us being “separated” as we are still living together, it should be 90 days living apart in different residences to be considered “separated”. I then discussed with my ex partner about me trying to find a place to move out now and we will then wait for 90 days to pass and then inform the CRA to be accurate. My ex partner however is not on the same page with me, he wants the status to be changed now and wants to tell CRA that we have actually living apart from each other 90 days ago (which is not right!!!). My concern is, if he proceeded to do so, would it raise a concern to IRCC about our PR CEC application before ? Technically speaking, if he proceeded like that, we would be considered being separated while our PR application was still in process (and this is not true at all)…Another question is, we want to apply for citizenship later on, I know that they will do background verification again and I am concerned about them thinking that our PR application before was not genuine because of my ex partner’s decision to change the CRA marital status now and declaring that we have been living apart for 90 days…
Anyone out there has any answers to my concerns above ? I would be greatly appreciated!

You don't want to be lying to CRA. Only bad things will come from that.

Here's what this comes down to... You cannot control what your ex does. Let him do whatever. On your end, do not change your CRA status until after you have moved out and the 90 days have passed. Keep evidence of when you moved out and got your own address in case CRA asks for this at any point in the future (or IRCC).

CRA may eventually see that you and your ex have different dates when you stopped being common law. That can be your ex's problem if he lied about the date. You'll have evidence to show that you were still living at the same address and didn't move out until x date.

 

[Gigixo]

You don't want to be lying to CRA. Only bad things will come from that.

Here's what this comes down to... You cannot control what your ex does. Let him do whatever. On your end, do not change your CRA status until after you have moved out and the 90 days have passed. Keep evidence of when you moved out and got your own address in case CRA asks for this at any point in the future (or IRCC).

CRA may eventually see that you and your ex have different dates when you stopped being common law. That can be your ex's problem if he lied about the date. You'll have evidence to show that you were still living at the same address and didn't move out until x date.

Thank you for your response,
in this case, when we apply for citizenship later on, is there a possibility that our PR case will be reopened for investigation…

 

[scylla]

Thank you for your response,
in this case, when we apply for citizenship later on, is there a possibility that our PR case will be reopened for investigation…

IMO the chances of this being an issue are extremely unlikely. Keep proof of when you moved out and got your own place to live. End of story.