Common Law vs Single in EE

[KamBag]

Hi There
I am planning to apply for EE right now but I want to apply as Single and not declare my Common Law because of personal reasons. We aren't really a common law, we are more of just dating and live under same roof with other people.
I may get married soon to my partner, after I get my PR, and then sponsor him later under SpousalSponsorship. Would CIC question my choice of not declaring Common Law since they could know by us having same address on our Bank Statements and DLs.
Or will they not go back in time and check if we had same address.
Because when I sponsor him as a spouse, I would submit only recent evidence, so is there a way they would know we were living at same place and misinterpret as Common Law and reject application for not declaring it in past.

Thanks a lot. Please help

 

[k.h.p.]

You don't get a choice to declare a common-law relationship or not.

If you are in a relationship with a high degree of attachment and lived together for more than 1 year, you are in a common-law relationship in the eyes of IRCC.

To do what you want to do would require you to prove that you weren't in a relationship BEFORE you got married, which would be rather difficult. The issue will be discovered on address review. You are required to provide considerable amounts of address history - 5 years at least - which would show that you lived together.

To not declare a common-law relationship when you apply for EE and not declare it before you land if you are approved would mean you are forever barred from sponsoring.

 

[KamBag]

I can declare Common Law just because we are living at same address, but we don't have any other proof as lease in our names our Joint Bank accounts or utility bills.
When it comes to proving Common Law, just staying at same address is not enough, but when it comes to questioning Common Law, why is even staying at same address considered as Common Law?

 

[KamBag]

What if I declare Common Law, even though he wont accompany me, but don't have enough proof to support it, will it affect my PR too?

 

[k.h.p.]

I can declare Common Law just because we are living at same address, but we don't have any other proof as lease in our names our Joint Bank accounts or utility bills.
When it comes to proving Common Law, just staying at same address is not enough, but when it comes to questioning Common Law, why is even staying at same address considered as Common Law?

You would have to prove you were not in a common-law relationship when you lived together. Being married would make that really hard - how do you prove that you weren't in a common law relationship when you lived together at the same address and will be married?

You can apply, state common-law, and note non-accompanying. That's all above board. You may need to find a way to prove the relationship.

You have a serious challenge if you apply as single and then later with address history IRCC questions why you didn't declare the common-law status at the time of your application. You'd be barred from sponsoring. That's a big issue.

 

[KamBag]

All we have is same address on Bank Statements, Telephone Bills and DL (only 2-3 months for DL).
What I can do is add him to our Car insurance once he gets his G2 next month.
Would that be enough for now.?

 

[mpsqra]

Hi There
I am planning to apply for EE right now but I want to apply as Single and not declare my Common Law because of personal reasons. We aren't really a common law, we are more of just dating and live under same roof with other people.
I may get married soon to my partner, after I get my PR, and then sponsor him later under SpousalSponsorship. Would CIC question my choice of not declaring Common Law since they could know by us having same address on our Bank Statements and DLs.
Or will they not go back in time and check if we had same address.
Because when I sponsor him as a spouse, I would submit only recent evidence, so is there a way they would know we were living at same place and misinterpret as Common Law and reject application for not declaring it in past.

Thanks a lot. Please help

you can declare him as unaccompanying
if you not declare him, you can not sposor him
your process will last like a year plus sponsor him like 2 years

 

[mpsqra]

Hi There
I am planning to apply for EE right now but I want to apply as Single and not declare my Common Law because of personal reasons. We aren't really a common law, we are more of just dating and live under same roof with other people.
I may get married soon to my partner, after I get my PR, and then sponsor him later under SpousalSponsorship. Would CIC question my choice of not declaring Common Law since they could know by us having same address on our Bank Statements and DLs.
Or will they not go back in time and check if we had same address.
Because when I sponsor him as a spouse, I would submit only recent evidence, so is there a way they would know we were living at same place and misinterpret as Common Law and reject application for not declaring it in past.

Thanks a lot. Please help

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-decisions/admissibility.html

 

[k.h.p.]

Additionally, you started this thread as saying "I want to apply as single and not declare my common-law status." So you acknowledge the status but wish to misrepresent. That's a bad idea.

 

[KamBag]

I dont wish to misrepresent at all. It is considered as Common Law, being living at same address. But that's all we share an address, we are not a marriage like couple living under a roof and sharing all expenses and stuff. My only doubt is if following would be enough for us to prove:
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

Would all this suffice to prove common law, and saying that he is not accompanying.
I really want to put in Common Law but I have tjos feeling this isn't an actual common law and we don't even have proof so I am scared and confused.

 

[k.h.p.]

I dont wish to misrepresent at all. It is considered as Common Law, being living at same address. But that's all we share an address, we are not a marriage like couple living under a roof and sharing all expenses and stuff. My only doubt is if following would be enough for us to prove:
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

Would all this suffice to prove common law, and saying that he is not accompanying.
I really want to put in Common Law but I have tjos feeling this isn't an actual common law and we don't even have proof so I am scared and confused.

How is it not a common-law relationship if you are dating, and are planning to be married soon?

 

[KamBag]

The question is how do we prove through documentation. There are feelings but there is no expense sharing or govt related common law benefits. I would be more than happy to state Common Law if following is 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
- Affidavit from his parents

Please please please help

 

[k.h.p.]

Those are all things that can be used to prove common-law status. That's good.

Photos together also helps. But you're not exactly missing a lot of evidence here, especially for a non-accompanying.

 

[KamBag]

Hey, yes we have photos together and we can also get our friends to write for us.
But I am worried that we don't have lease, and we don't have utilities bill. Also a lot of proof isn't an year old. We will open a Joint Bank account tomorrow.
So if I apply EE in October, very less documentation would be an year old except Bank Statements. Would that be okay? Because if they ask for more proof, we won't have any.

Thanks a lot k.h.p.

 

[KamBag]

Also, is there a chance if they don't find enough relationship proof, they would reject my PR too?
That's what worries me the most. Please help.