Declaring Common Law

[MountainMan256]

Hi, so I am on my way, and have my extensions approved to remain in Canada for the purpose of becoming common law! I am curious though, when the time comes, and I have to fill out my PR application, do I need to apply to become common law? Or is it once I have lived with her for a year, that I am automatically common law? Also, since I am staying in BC, the province says we must live together for two years to become common law... is it different for CIC, and its still only one year needed for me to become it for sponsorship purposes? Must I also sign on joint taxes with her, or is this not necessary? Thanks!

 

[WeegieInOttawa]

Hi, so I am on my way, and have my extensions approved to remain in Canada for the purpose of becoming common law! I am curious though, when the time comes, and I have to fill out my PR application, do I need to apply to become common law? Or is it once I have lived with her for a year, that I am automatically common law? Also, since I am staying in BC, the province says we must live together for two years to become common law... is it different for CIC, and its still only one year needed for me to become it for sponsorship purposes? Must I also sign on joint taxes with her, or is this not necessary? Thanks!

You don't declare it or have it registered etc..you just are common law after one year.

When you become common law you MUST file your taxes as such! Do not file as single.

 

[Rob_TO]

Hi, so I am on my way, and have my extensions approved to remain in Canada for the purpose of becoming common law! I am curious though, when the time comes, and I have to fill out my PR application, do I need to apply to become common law? Or is it once I have lived with her for a year, that I am automatically common law? Also, since I am staying in BC, the province says we must live together for two years to become common law... is it different for CIC, and its still only one year needed for me to become it for sponsorship purposes? Must I also sign on joint taxes with her, or is this not necessary? Thanks!

Each province has their own rules around the definition of common-law, but this is only for legal purposes in case of separation i.e. division of assets, spousal rights, etc.

However for immigration and taxes (IRCC and CRA), the definition is Canada-wide and irrelevant of province. 1 year cohabitation with a partner = common-law. There is nothing to declare, you simply are common-law after 1 year for immigration and tax purposes.

For whoever files Canadian taxes, CRA requires you to inform them you have changed status from single to common-law, since it may start to affect benefits as of the date you became common-law. I think you can call them to do this, or can do via online CRA account.

 

[MountainMan256]

Ok, I see. Must I obtain a ITN number? I haven't applied for one yet and we are planning to apply for common law in 4 months. How long does it take to recieve one through. Is it easy to get one? I am confused because it says on the Common Law declaration form, under question 1)d, asking if we have signed common law union under the T1 General Individual income tax return. How exactly would we be able to do that if we are common law as of May of 2018? Is it bad if we click no on it, since it seems not possible until 2018 tax returns?

 

[MountainMan256]

Each province has their own rules around the definition of common-law, but this is only for legal purposes in case of separation i.e. division of assets, spousal rights, etc.

However for immigration and taxes (IRCC and CRA), the definition is Canada-wide and irrelevant of province. 1 year cohabitation with a partner = common-law. There is nothing to declare, you simply are common-law after 1 year for immigration and tax purposes.

For whoever files Canadian taxes, CRA requires you to inform them you have changed status from single to common-law, since it may start to affect benefits as of the date you became common-law. I think you can call them to do this, or can do via online CRA account.

Sorry, also I have read also elsewhere that the Statutory Common Law declaration is not needed, and that it's a waste of time filling this out if common law(depending on VO). Is this true? I will be applying for an in-Canada PR app. I am from the United States so I am not sure which VO I would get.

 

[WeegieInOttawa]

Sorry, also I have read also elsewhere that the Statutory Common Law declaration is not needed, and that it's a waste of time filling this out if common law(depending on VO). Is this true? I will be applying for an in-Canada PR app. I am from the United States so I am not sure which VO I would get.

I didn't include stat declaration with mine. I figured if they want one they will ask for one since its not a requirement.

 

[MountainMan256]

I didn't include stat declaration with mine. I figured if they want one they will ask for one since its not a requirement.

Ok I understand, thank you. I was reading and it said it's only necessary if I am the consigner, which I can't be because I can't consign myself. Do I still need to get and ITN for anything in the common law application? And also would I only be needed to be added on her taxes for the NEXT year of taxes, not the 2017 one as we aren't common law until May of 2018? Thanks

 

[Rob_TO]

Ok, I see. Must I obtain a ITN number? I haven't applied for one yet and we are planning to apply for common law in 4 months. How long does it take to recieve one through. Is it easy to get one? I am confused because it says on the Common Law declaration form, under question 1)d, asking if we have signed common law union under the T1 General Individual income tax return. How exactly would we be able to do that if we are common law as of May of 2018? Is it bad if we click no on it, since it seems not possible until 2018 tax returns?

No an ITN is not needed. You can answer no to the tax question, and explain separately that since you became common-law in 2018 you will not file taxes as common-law until you do 2018 taxes (so sometime in 2019).

Although your partner should immediately change their status with CRA from single to common-law, asap after May 2018. You can include this proof of CRA status change in the PR app.

Also you do not need to fill in the Stat Declaration of common-law as it's not a mandatory form. It's entirely optional to do. Although in some cases, the visa office later asks for it for some reason or another. Tons of people don't do it and are never asked.

 

[MountainMan256]

No an ITN is not needed. You can answer no to the tax question, and explain separately that since you became common-law in 2018 you will not file taxes as common-law until you do 2018 taxes (so sometime in 2019).

Although your partner should immediately change their status with CRA from single to common-law, asap after May 2018. You can include this proof of CRA status change in the PR app.

Also you do not need to fill in the Stat Declaration of common-law as it's not a mandatory form. It's entirely optional to do. Although in some cases, the visa office later asks for it for some reason or another. Tons of people don't do it and are never asked.

One last thing. I think I will not fill it out. Will they reject the application if they do want it, or will they just request it? And which VO will I get if I am from the US, but sending a In-Canada PR app? Thanks for the tons of help!

 

[Rob_TO]

One last thing. I think I will not fill it out. Will they reject the application if they do want it, or will they just request it? And which VO will I get if I am from the US, but sending a In-Canada PR app? Thanks for the tons of help!

If the visa office really wants it, they will request it from you sometime during the process.

an INSIDE CANADA PR app is done in Canada, at CPC-Ottawa.

 

[MountainMan256]

If the visa office really wants it, they will request it from you sometime during the process.

an INSIDE CANADA PR app is done in Canada, at CPC-Ottawa.

Ok, is Ottowa a VO that usually requests a common law declaration? I can't find much info. If so I'll just do it for extra solidarity of our relationship. How much does a Notary signature cost usually, and how long does that take to get? Thanks

 

[WeegieInOttawa]

Ok, is Ottowa a VO that usually requests a common law declaration? I can't find much info. If so I'll just do it for extra solidarity of our relationship. How much does a Notary signature cost usually, and how long does that take to get? Thanks

You are thinking too much about it.

It is NOT a requested form/document. There is no hard and fast answer as to whether they will request it. And i dont think its really a thing that a particular VO is more likely to ask for something than another. Each application is different, as is each actual officer who handles each application.

Before the application package was streamlined/made simpler last year it was a much more grey area as to whether you had to had to send the declaration. Now the checklist clearly states that it is only required if there is a co-signer (or something along those lines..i cant exactly remember because i didnt submit it).

If its going to bother you that you aren't doing it, do it and send it.

 

[MountainMan256]

You are thinking too much about it.

It is NOT a requested form/document. There is no hard and fast answer as to whether they will request it. And i dont think its really a thing that a particular VO is more likely to ask for something than another. Each application is different, as is each actual officer who handles each application.

Before the application package was streamlined/made simpler last year it was a much more grey area as to whether you had to had to send the declaration. Now the checklist clearly states that it is only required if there is a co-signer (or something along those lines..i cant exactly remember because i didnt submit it).

If its going to bother you that you aren't doing it, do it and send it.

Ok wonderful, I am also curious about one more thing. In May 11 of this year I signed the lease to my place, but the exact date isn't legible, it looks like it just says May 2017, the day isn't legible . If I inform them that it's the 11th would that be acceptable you think?

 

[WeegieInOttawa]

Ok wonderful, I am also curious about one more thing. In May 11 of this year I signed the lease to my place, but the exact date isn't legible, it looks like it just says May 2017, the day isn't legible . If I inform them that it's the 11th would that be acceptable you think?

Is the actual "day" crucial? Like are you planning to submit on the 12th May 2018? If not dont worry about it.

If you are going to worry about write a few sentences on an extra sheet of paper stating you signed the lease on xxxx but the date is slightly unreadable and get your landlord to sign it.

 

[MountainMan256]

Is the actual "day" crucial? Like are you planning to submit on the 12th May 2018? If not dont worry about it.

If you are going to worry about write a few sentences on an extra sheet of paper stating you signed the lease on xxxx but the date is slightly unreadable and get your landlord to sign it.

Yes we are wanting to submit it by the 15th of May, as my visa extension ends on June 15. I am not sure if my landlord will do this as they are hard to work with. Would a small letter suffice?