Confusion About Common-Law Time

[DanJP]

Hi,

My partner and I are sponsoring my parents and I have doubts about the "date on which you entered the common-law relationship". On the CIC instruction, it says: "Enter the date (year, month, day) you were married or you entered into your current common-law relationship. Note: This is the date your status officially changed from being single to common-law, not the date you started living together."

My partner and I started living together in June 2013. However, we did not perceive each other as "the one" until around October that year. In our tax returns, our effective date of the common-law status was entered as December 15, 2014.

We did not check how CRA and CIC define common-law back then. But now I learn that it is a couple that are in conjugal relationship for at least 12 months.

My question is, is the "date on which you entered the common-law relationship" June 2013 (when we started living together), October 2013 (what I perceive as when the conjugal relationship started) or December 2014 (effective date on CRA)? Or should I login to CRA and change the effective date back to Octover 2014?

Thanks for your help!

 

[Bcboundboy]

The common law relationship began after you had been living together as a conjugal couple for 1 year.

From what you have written, the two possible dates are June 2014 (when you had been living together for one year), or October 2014 (when you had been living together as a couple for one year).

 

[Rob_TO]

My partner and I started living together in June 2013. However, we did not perceive each other as "the one" until around October that year.

What does this mean exactly? Were you just roommates and sleeping in separate rooms, and only started dating in October? In that case, you would be common-law for CRA and immigration purposes October 2014.

However if you were sleeping in the same room and dating/romantically involved when you first moved in June 2013, then that is a conjugal relationship and you would be common-law for CRA and immigration purposes on June 2014. It does not matter if you knew you wanted to eventually get married or not at that time, simply living together and dating are enough to begin common-law qualifying time.

 

[DanJP]

... if you were sleeping in the same room and dating/romantically involved when you first moved in June 2013, then that is a conjugal relationship and you would be common-law for CRA and immigration purposes on June 2014. It does not matter if you knew you wanted to eventually get married or not at that time, simply living together and dating are enough to begin common-law qualifying time.

That makes a lot of sense. Thanks! I was not sure whether to put June or October as I had the impression that CIC emphasized "commitment" a lot in its instructions. Just wanted to get it right.

Another thing I was hoping to verify is: I officially became a PR (landed) in Canada when we just started living together (June 2013), I did not inform CIC about moving in with my partner. That should not matter right? As we were not common-law partner by definition back then?

Again, thanks for your help!! Cheesy

 

[DanJP]

The common law relationship began after you had been living together as a conjugal couple for 1 year.

From what you have written, the two possible dates are June 2014 (when you had been living together for one year), or October 2014 (when you had been living together as a couple for one year).

Thanks for the clarification!

 

[Rob_TO]

Another thing I was hoping to verify is: I officially became a PR (landed) in Canada when we just started living together (June 2013), I did not inform CIC about moving in with my partner. That should not matter right? As we were not common-law partner by definition back then?

Right, until you actually become officially common-law there is no need to mention a partner in any immigration app.

 

[DanJP]

Right, until you actually become officially common-law there is no need to mention a partner in any immigration app.

Awesome! Thanks a lot, Rob_TO!!!

 

[canuck_in_uk]

My partner and I started living together in June 2013. However, we did not perceive each other as "the one" until around October that year. In our tax returns, our effective date of the common-law status was entered as December 15, 2014.

You should correct your common-law date with CRA. It will most likely mean that you owe some money but it's always better to have no potential issues with the tax man.

 

[DanJP]

You should correct your common-law date with CRA. It will most likely mean that you owe some money but it's always better to have no potential issues with the tax man.

Yes. Will do! Thanks~