Common Law to Spouse

[k.h.p.]

Thanks for the reply. But we have only following proof, would they be enough:
- Same address on Bank Statements since an year
- Same address on DL since 3-4 months since we just got it
- Can file tax as Common Law
- Can also add him to our Vehicle Insurance whenever he gets G2 in next 2 months
- Also have a few Travel tickets from past
- Can also get affidavit from his parents and friends here
- Added him to my employer benefits last month.

But i want to apply EE in October and except Bank Statements, nothing is for an year's proof.
So what will they do with my application if there isn't enough Common Law Proof

As has already been advised, if you are planning on getting married anyways, do it now and declare him unaccompanying on the EE application. You will need to say why he is unaccompanying - you can say because of points and because he is unsure if he wants to stay in Canada.

As in your other thread, if you are dating now, living together, and plan to marry in the future, you will not be able to easily make the case that you are not in a common-law relationship at the moment.

Not declaring him as your partner is not an option despite what people may be claiming in this thread. While you can theorize that you're okay with never sponsoring him in the future, you will be lying on a PR application.

 

[KamBag]

K.h.p. thanks for your help. Really appreciate a lot. Could you please tell me if those documents suffice the proof of common law. Thanks

 

[k.h.p.]

K.h.p. thanks for your help. Really appreciate a lot. Could you please tell me if those documents suffice the proof of common law. Thanks

No, I can't, because that's up to a visa officer. You have a good start but more never hurts.

 

[kanoon22]

This is horrible advice.

@k.h.p. You are a VIP member of this group and I do respect your opinion. I will also like to ask for some advice if possible.

I recommended that as agents and consultants advised this to me for my case.
I am living with my girlfriend from April 2016, however in pgwp application I and my common law declared ourselves as single as we were not aware of the concept. Now we are planning to apply for pr and we are afraid that if we declare now, it can be considered as misrepresentation that we did not declare common law on pgwp application. I will greatly appreciate your input as to what I should do.

Thank You, and I apologize if mu recommendation was bad. Thank You

 

[kanoon22]

@k.h.p. You are a VIP member of this group and I do respect your opinion. I will also like to ask for some advice if possible.

I recommended that as agents and consultants advised this to me for my case.
I am living with my girlfriend from April 2016, however in pgwp application I and my common law declared ourselves as single as we were not aware of the concept. Now we are planning to apply for pr and we are afraid that if we declare now, it can be considered as misrepresentation that we did not declare common law on pgwp application. I will greatly appreciate your input as to what I should do.

Thank You, and I apologize if mu recommendation was bad. Thank You
-Amazu

 

[k.h.p.]

@k.h.p. You are a VIP member of this group and I do respect your opinion. I will also like to ask for some advice if possible.

I recommended that as agents and consultants advised this to me for my case.
I am living with my girlfriend from April 2016, however in pgwp application I and my common law declared ourselves as single as we were not aware of the concept. Now we are planning to apply for pr and we are afraid that if we declare now, it can be considered as misrepresentation that we did not declare common law on pgwp application. I will greatly appreciate your input as to what I should do.

Thank You, and I apologize if mu recommendation was bad. Thank You
-Amazu

Well, you're in a situation.

Normally people can apply for PR with a letter of explanation stating that they weren't aware that they were common-law with their partner. That is typically understandable because (a) marital status won't necessarily impact PGWP decision-making, and (b) declaring it up-front that you didn't know you were common-law is at least understandable.

However, if your agents and consultants advised you to apply as single, continuing the misrepresentation, I don't know what to tell you.

If you were not aware that you were common-law when you applied for your PGWP and are now applying for PR, declare common-law, include a letter of explanation, and state why you didn't declare at the PGWP stage. This should not be a major issue. However, I don't like the idea that "agents and consultants" are telling you to lie.

 

[kanoon22]

Well, you're in a situation.

Normally people can apply for PR with a letter of explanation stating that they weren't aware that they were common-law with their partner. That is typically understandable because (a) marital status won't necessarily impact PGWP decision-making, and (b) declaring it up-front that you didn't know you were common-law is at least understandable.

However, if your agents and consultants advised you to apply as single, continuing the misrepresentation, I don't know what to tell you.

If you were not aware that you were common-law when you applied for your PGWP and are now applying for PR, declare common-law, include a letter of explanation, and state why you didn't declare at the PGWP stage. This should not be a major issue. However, I don't like the idea that "agents and consultants" are telling you to lie.

Thank You so much for your response, in your experience have you seen people in a similar situation, and getting PR after declaring? I am inclined and want to declare as with my background my score comes up to 493 even with common-law. Thanks again.

 

[k.h.p.]

Yes, this happens. It's not uncommon.

What is uncommon is for agents and consultants to tell you to lie. I would avoid dealing with those agents and consultants.

 

[kanoon22]

Yes, this happens. It's not uncommon.

What is uncommon is for agents and consultants to tell you to lie. I would avoid dealing with those agents and consultants.

Perfect, Thank You so much @k.h.p. To be perfectly honest though, the agent I am talking about are CIC agents, when i call 1888.242.2100. Regarding the consultant, certainly will terminate the relation with him and use a lawyer now.

@KamBag certainly declare the common law, in order to avoid the points being deducted, he can be non-accompanying on your application.

 

[k.h.p.]

Perfect, Thank You so much @k.h.p. To be perfectly honest though, the agent I am talking about are CIC agents, when i call 1888.242.2100. Regarding the consultant, certainly will terminate the relation with him and use a lawyer now.

@KamBag certainly declare the common law, in order to avoid the points being deducted, he can be non-accompanying on your application.

The call centre agents are typically misinformed in general. They aren't to be relied on for immigration advice.

 

[KamBag]

Thanks k.h.p and kanoon22.
My only problem is, if with whatever common law proofs we have, the officer doesn't find it sufficient, so does my PR also get hurt, given that my partner is anyway non-accompany.
Or the declaration is only for us to declare and they don't really scrutinize unless accompanying as dependent.
I just don't want my residency to be hurt because of lack of common law proof. Please advise.

 

[k.h.p.]

For clarity, nothing in what you said that an IRCC agent told you, on its own, is incorrect. It's just when you bring them all together.

So you were told:

• "declaring common law is up to us as we have to prove it"

Sort of true. It is up to you to declare it, but it exists from the moment that a couple has spent 12 months together in a conjugal manner, with a high degree of attachment and dependence between each other. So living together as boyfriend/girlfriend does lead to common-law status. And then it's up to you to declare it. You also do have to prove it in some cases.

• "it is a defacto relationship"

Well, sort of. It happens from the fact of living together in a conjugal fashion for 12 months. In that case it's "defacto" as you don't need to proactively apply for it. However, it means you are common-law married (not married under a statutory instrument but under common-law principles) and you can't decide that it doesn't apply to you.

• "just living together doesn't make you common law, you have to be sharing expenses, be on each other's insurance, etc etc"

Living together alone does not make you common-law, correct. There needs to be a high degree of emotional attachment and interdependence. Otherwise you'd be common-law with your roommates!

However, there isn't a set list of things you must do to be considered common-law. You just need to live together within the context of a relationship. Everything else you mentioned - shared expenses, insurance, etc. - doesn't form a pre-requisite to common law, it's a way to prove that the relationship exists and the interdependence exists.

Many, many, many people accidentally find themselves common-law married after living with a partner for more than a year. This has massive legal impacts and they don't know it. However, you cannot "choose" that it doesn't apply to you.

You can claim single, as long as you do not plan to sponsor him ever again. I have spoken to multiple CIC agents, they said that declaring common law is up to us as we have to prove it. It is a de facto relationship, menaing it exists only iif you can prove it.
Moreover, just living together dont make you common law, you have to be sharing expenses, be on each other's life insurance as beneficiaries, etc etc.

If you guys can prove that you are dating and not in common law you should be fine.

 

[kanoon22]

I believe that you do have sufficient proofs. I was able to find it on website this is what they need.

In the case of a common-law partner, documentary evidence should include:

• a completed Relationship Information and Sponsorship Evaluation questionnaire (IMM 5532) (included in the application package)
• proof of separation from a former spouse if either the sponsor or the applicant were previously married
• a completed Statutory Declaration of Severance of Common-law Union form (IMM 5519) if either the sponsor or the applicant were previously in a common-law relationship with someone else
• if the principal applicant and sponsor have children in common, long-form birth certificates or adoption records listing the names of both parents
• photos of the sponsor and principal applicant showing they are in a conjugal relationship
• at least two of the following sets of documents. If the sponsor and principal applicant are unable to provide documents from a minimum of two of the following sets of documents, a detailed written explanation must be provided:
  • important documents for the principal applicant and sponsor showing they are recognized as each other’s common-law partner (such as employment or insurance benefits)
  • documentary evidence of financial support between the principal applicant and sponsor, and/or shared expenses
  • other proof that the relationship is recognized by friends and/or family (e.g. letters from friends/family, social medical information showing a public relationship)

If the sponsor and principal applicant are currently cohabitating, evidence from at least two of the following sets of documents showing that the principal applicant and sponsor have been living together for at least one year (e.g. documents showing the same address for both). If they are unable to provide documents from a minimum of two of the following sets of documents, a detailed written explanation must be provided:

• proof of joint ownership of residential property
• rental agreement showing both the sponsor and principal applicant as occupants of a rental property
• proof of joint utility accounts (e.g. electricity, gas, telephone, Internet), joint credit card accounts, or joint bank accounts
• vehicle insurance showing that both the principal applicant and sponsor have been declared to the insurance company as residents of the insured’s address.
• copies of government-issued documents for the principal applicant and sponsor showing the same address (e.g. driver’s licenses)
• other documents issued to the principal applicant and sponsor showing the same address, whether the accounts are held jointly or not (e.g. cellphone bills, pay stubs, tax forms, bank or credit card statements, insurance policies)

If the sponsor and principal applicant are not currently cohabitating, evidence must be provided that shows the sponsor and principal applicant cohabitated for a minimum of one year in the past, and the following must also be provided:

• proof of contact, including letters, printed text messages, emails or social media conversations, or other documented proof of contact between the principal applicant and sponsor. A maximum of 10 pages should be provided
• proof of the sponsor's visits, such as airline ticket coupons or used boarding passes, photocopies of pages of passport for your sponsor showing entry-exit stamps supporting visits, etc. If the sponsor did not visit the principal applicant, an explanation must be included in the principal applicant’s IMM 5532 form (Part C, question 4)

I hope this helps

 

[k.h.p.]

Thanks k.h.p and kanoon22.
My only problem is, if with whatever common law proofs we have, the officer doesn't find it sufficient, so does my PR also get hurt, given that my partner is anyway non-accompany.
Or the declaration is only for us to declare and they don't really scrutinize unless accompanying as dependent.
I just don't want my residency to be hurt because of lack of common law proof. Please advise.

I can't advise, as I've said a few times, because it's up to your individual visa officer.

Your PR application will be hurt if you are common-law and do not declare it, and they find out later. Then you may have PR removed for misrepresentation, or your partner may be barred from Canada for misrepresentation, or so on.

You have many elements of what is considered to be proof. You can also take out a statutory declaration of common-law status. etc., etc., or has already been said you could just get married at city hall since you plan on being married anyways and remove all question of "proof."

 

[kanoon22]

Many, many, many people accidentally find themselves common-law married after living with a partner for more than a year. This has massive legal impacts and they don't know it. However, you cannot "choose" that it doesn't apply to you.

Understood Man, thanks so much. Please see my comment above. I just found it online, it states what the OP can use for common law