ENGLAND - Is Common Law the right application for me?

[Lewzy]

Hi all, I'm nearing the end of my temporary working visa here in Toronto so I'm looking into PR, and not sure if Common law is the best method for me

Info -
I'm 24, Male, British citizen
Worked in Canada for almost the last two full years, under the IEC program (unskilled)
Currently still employed, and i'm sure they can give me a job offer or recommendation proving i work there
Been in a relationship with my Canadian girlfriend for the last 3 years, I visited her before moving here multiple times, she has been home to visit my family in England with me, we have lots of photos of trips and stuff together
She lives here with me, however the rent payments are under my name (but the landlord is my buddy and I'm sure he can provide a letter or something saying she lives here)
We don't have a shared bank account or bills, though, which is why i'm concerned

If you need any more info just let me know, but i think thats the basics, I don't wanna move back home away from her!

Thanks in advance

 

[MofC2014]

Couple questions which may help you:

1. When you applied for IEC did you state you are in a common law relationship? or did you apply as being single? If you applied for IEC 2 years ago and it was the 2 year program should be ok either way, however if you applied 2 years ago for a 1 year IEC and than applied again a year later for the 2nd 1 year IEC, and still claimed to be single, this may be a problem.
2. Since you have now lived with your girlfriend for almost 2 years, when filing taxes, did she claim to CRA that she is in a common law relationship? or did she file taxes as single in the last tax year (2012).

 

[Lewzy]

Hi, I applied for a year, then again for the second year, both times I applied as single, and the same thing for her taxes. I didn't even consider putting common law, since I figured my status hadn't technically changed and didn't want to create a complication..

 

[MofC2014]

Hi, I applied for a year, then again for the second year, both times I applied as single, and the same thing for her taxes. I didn't even consider putting common law, since I figured my status hadn't technically changed and didn't want to create a complication..

This makes it a little tough, because if CIC is made aware of this they can decide that you are claiming common-law to acquire status (under section 4 of IRPA).

So in your situation, best thing to do is join your finances, open a joint account now. Your girlfriend can still file a correction to her 2012 taxes, to change the status with CRA to common-law, it is possible that she may owe taxes as she will have to declare your income, and if she received any tax credits she may have to pay them back (depending on your joint income). Best to find an accountant (they aren't too expensive re: personal taxes) who is very experienced in CRA rules.

I am not sure if information from your IEC application is shared with CIC, as this program was being administered by another government department altogether.

Best thing to do now, is write down all the dates, any letters you supply will have to coincide with the documentary evidence, and the last thing you want is to misrepresent yourself, as this would not only cause your PR application to be refused but also can get your banned from Canada for a min. of 1 year.

 

[Graihn]

This makes it a little tough, because if CIC is made aware of this they can decide that you are claiming common-law to acquire status (under section 4 of IRPA).

So in your situation, best thing to do is join your finances, open a joint account now. Your girlfriend can still file a correction to her 2012 taxes, to change the status with CRA to common-law, it is possible that she may owe taxes as she will have to declare your income, and if she received any tax credits she may have to pay them back (depending on your joint income). Best to find an accountant (they aren't too expensive re: personal taxes) who is very experienced in CRA rules.

I am not sure if information from your IEC application is shared with CIC, as this program was being administered by another government department altogether.

Best thing to do now, is write down all the dates, any letters you supply will have to coincide with the documentary evidence, and the last thing you want is to misrepresent yourself, as this would not only cause your PR application to be refused but also can get your banned from Canada for a min. of 1 year.

This concerns me a little, as I probably put down single both times , first time I wasn't common law as I moved here and in with my partner, and left country after 11 months, then away for 4 months, and then back for 13 months under IEC for first 12 months. We changed my partners CRA to common law on the day of us becoming "common law" after having lived together without breaks for 12 months.

So, technically I wasn't common aw either time I applied for IEC, right?
Why am I still on this forum after applying.. Fretting over everything that pops up

 

[MofC2014]

This concerns me a little, as I probably put down single both times , first time I wasn't common law as I moved here and in with my partner, and left country after 11 months, then away for 4 months, and then back for 13 months under IEC for first 12 months. We changed my partners CRA to common law on the day of us becoming "common law" after having lived together without breaks for 12 months.

So, technically I wasn't common aw either time I applied for IEC, right?
Why am I still on this forum after applying.. Fretting over everything that pops up

Graihn, you should be ok, as you did not claim common law under your PR application before you applied for your second IEC. Additionally, you did not rush the application, you could have stretched your first round of co-habitation by a month or 2 on a visitor visa just to get the status, but you did not, which in the eyes of CIC would only make it clear that you are in a genuine relationship and you did not become common-law just to acquire stats.

I am not even sure if CIC checks this, I just though in the OPs situation it seems they have not really joined anything (financially), therefore from CIC's standpoint they may not be viewed as a mutually interdependent relationship where a couple has combined their affairs.

 

[MofC2014]

On a side note:

What a lot of sponsors/applicants don't understand is that CIC can refuse a spousal application even if the relationship is genuine. IRPA was changed, to a 2 prong test meaning that they can refuse based on either one of the following:

1. relationship not genuine; OR
2. relationship initially entered to acquire status.

Before IRPA was changed the test had to prove that both of the following were true:

1. relationship not genuine; AND
2. relationship initially entered to acquire status.

 

[Graihn]

On a side note:

What a lot of sponsors/applicants don't understand is that CIC can refuse a spousal application even if the relationship is genuine. IRPA was changed, to a 2 prong test meaning that they can refuse based on either one of the following:

1. relationship not genuine; OR
2. relationship initially entered to acquire status.

Before IRPA was changed the test had to prove that both of the following were true:

1. relationship not genuine; AND
2. relationship initially entered to acquire status.

If a relationship is genuine it is easy to prove it. People who enter a relationship which isn't, and will never be, genuine just to acquire status have a harder time proving it. They also deserve to have their application rejected. Unfortunately, people in genuine relationships but lacking the ability to put together enough proof of it are suffering because of tightened rules following actions of people trying to take advantage of the system.

We have a very strong case supported by lots of proof even though we never combined our finances other than a joint savings account. We explained that we decided it wasn't wise to combine all of our finances when my status in Canada has always been temporary, but we plan on doing so when and if I am approved to be a PR.

 

[Lewzy]

If a relationship is genuine it is easy to prove it. People who enter a relationship which isn't, and will never be, genuine just to acquire status deserve to have their application rejected.

We have a very strong case supported by lots of proof even though we never combined our finances other than a joint savings account. We explained that we decided it wasn't wise to combine all of our finances when my status in Canada has always been temporary, but we plan on doing so when and if I am approved to be a PR.

Graihn, what did you use as proof? Are photos together (or things like that) okay? or does it have to be a legal document of some kind?

 

[Graihn]

Graihn, what did you use as proof? Are photos together (or things like that) okay? or does it have to be a legal document of some kind?

Photos together from 2011-Now with friends and family and just us on trips.

Two notarized letters from friends and family (only applies when common-law, ok without if married) and three more letters. They should be signed, dated, and their contact info. Have them include Who they are, what they have done together with you two as a couple, and how genuine your relationship is.

Added each other as beneficiaries on insurance policies and showed that, plus printed out the page where I was added as a common law spouse on my partners canada revenue agency online account.

Emails and skype history from when we met online, phone bills from when we lived together, and emails, and iMessages, SMS,

Invitiations from friends and family to attend parties and events together (which is backed up by photos), mail addressed to both

Bills and stuff showing same address as my partner for the last two years

can't remember it all, but to that extent

Here is a thread which will help you out a lot!

http://www.canadavisa.com/canada-immigration-discussion-board/how-i-organized-our-applcation-and-a-summary-of-all-helpful-tips-i-have-learned-t92449.0.html

 

[MofC2014]

Photos together from 2011-Now with friends and family and just us on trips.

Two notarized letters from friends and family (only applies when common-law, ok without if married) and three more letters. They should be signed, dated, and their contact info. Have them include Who they are, what they have done together with you two as a couple, and how genuine your relationship is.

Added each other as beneficiaries on insurance policies and showed that, plus printed out the page where I was added as a common law spouse on my partners canada revenue agency online account.

Emails and skype history from when we met online, phone bills from when we lived together, and emails, and iMessages, SMS,

Invitiations from friends and family to attend parties and events together (which is backed up by photos), mail addressed to both

Bills and stuff showing same address as my partner for the last two years

can't remember it all, but to that extent

Here is a thread which will help you out a lot!

http://www.canadavisa.com/canada-immigration-discussion-board/how-i-organized-our-applcation-and-a-summary-of-all-helpful-tips-i-have-learned-t92449.0.html

If I may say so, you have a solid case of evidence.

Me and my spouse are legally married so we did not include any letters, but I did include:

Marriage contract (religious), civil marriage certificate.

Pictures from Dec 2011 - Present (including pictures from my engagement ceremony, wedding reception, trips, at home with family)
(around 100 pics combined)

My husband lives abroad, so I included all copies of trips (boarding passes, passport stamps, hotels receipts, restaurant receipts), I travel approx. every 2 or 3 months for a month to stay with my husband.

Wedding cards (from friends and my work), copies of all best wedding wishes etc, copies of gift cards (Winners, HomeSense, The Bay) from my company signed for by the president and CEO addressed to both me and my husband.

My employer announcement to all employees of my change of name, providing my new e-mail address particulars.

CRA change of status from single to married.

Phone records (mine and my husband's)

Skype chats. Facebook (just print screen showing 21,000+ messages), and comments from family and friends.

I did not write a love novel, I just feel those are tacky and if I was a visa officer I would be skeptical reading someone declaring love to my spouse and swearing that it is true love etc... This is just a personal opinion.

All in all, our application and proofs weighed in around 4kg (9.5lbs).

 

[Lewzy]

See, now I'm getting worried

We don't have a shared bank account, since as Graihn mentioned, I've always been temporary and didnt think it was necessary..
we have no real proof that she lives with me now that i think about it..

As for SMS / Facebook / skype messages etc... what are you showing with that? We always just talk about random crap that i don't think anyone else would really want to read... But we have tonnes of photos together over the two years that i've been here, plus my passport stamps from when i visited before that

Both of our mail gets sent to her parents house, due to an issue at the previous house where we thought things were being stolen

 

[MofC2014]

See, now I'm getting worried

We don't have a shared bank account, since as Graihn mentioned, I've always been temporary and didnt think it was necessary..
we have no real proof that she lives with me now that i think about it..

As for SMS / Facebook / skype messages etc... what are you showing with that? We always just talk about random crap that i don't think anyone else would really want to read... But we have tonnes of photos together over the two years that i've been here, plus my passport stamps from when i visited before that

Both of our mail gets sent to her parents house, due to an issue at the previous house where we thought things were being stolen

the account can be explained as like Graihn said.

SMS / Facebook / Skype messages - Just daily communication, since we were married we don't use facebook, We use SMS/Skype/Whatsapp/Viber and yes a lot of the conversations are random, but it shows continued communication (as you are living together there is likely much less of this in your case). I also included copies of SMS between me and my husband's mom and sisters, for example when I knew mom was going to the doctor, I would send her message to ask how it went, if all the test came back ok, and we joke and make fun of my husband, for holidays I send greetings and tell them when I will call. I talk to my husband on Skype Video 2-3 times a day, everyday, so the written conversations are super random and will not make sense to anyone, but we take skype captures of us in video chat showing the dates.

Do you have any invitations from her family for holidays? outings? If you don't have anything this would be a little difficult and most likely you will need to dig some stuff up.

Pictures are good, but they are just a part of the whole package. One could take 100 of pictures in different clothes, different places, and claim these were taken over 2 years where in reality they could have been taken in a 1-2 week span.

Getting your landlord to write a statement, that you are living together can help. Letter from her parents could be shown as proof too. Adding your spouse onto your benefits/life insurance is good too.

 

[Rob_TO]

Hi, I applied for a year, then again for the second year, both times I applied as single, and the same thing for her taxes. I didn't even consider putting common law, since I figured my status hadn't technically changed and didn't want to create a complication..

Unfortunately if your partner filed taxes as "single" with the CRA when she was in fact common-law, then she has committed tax fraud. In the year you reach your 12 months of cohabitation, by law you must change your marital status to common-law and file taxes with your spouse's information and income considered.

The problem for immigration, is that she will need to include her most recent Option C printout from the CRA in your application. It will clearly show "single" status, and if you are stating you were actually common-law during that time, it could be a problem.

As was mentioned, she should do a re-assessment to her taxes to change them from single to common-law, to get everything to the way it should be.

Additional financial proofs you can include for common-law are:
- whoever has a credit card, call them and ask for a supplementary card in partner's name. Then you will have 1 bill showing both names and your same address
- get cheap term life insurance on each other
- once CRA tax info is cleared up, show that marital status was changed to common-law

 

[zardoz]

- whoever has a credit card, call them and ask for a supplementary card in partner's name. Then you will have 1 bill showing both names and your same address

Are you sure about that? I'm a shadow on my wife's TD Visa card and my name doesn't show up on any documentation, including bills.