Enter common-law relationship after AOR

[Gene1991]

I have received an ITA as a single and have my documents ready to submit, need to do this urgently as the ITA is about to expire. In August there will be a year after I have moved in with my girlfriend, so I apparently I will have to notify the IRCC about the change of my status from single to common-law. However, what bothers me is how to prove that we were NOT living together for a year by the time of AOR? I will have a lease agreement with a date and a bunch of mail, but we've been dating for more than a year before moving in and it will be tricky to prove that we've been living together for exactly a year.
As far as I know, in case of getting married, you have to notify the IRCC and if all goes well, your spouse will be allowed to go to Canada with you. How about the same case, but with common-law? What are the risks?

P.S. well, maybe I would decline the ITA and get another one with my common-law when we reach a year, but due to COVID-19 I am not sure the FSW ITAs will be issued soon, so would not like to waste it.

 

[canuck_in_uk]

I have received an ITA as a single and have my documents ready to submit, need to do this urgently as the ITA is about to expire. In August there will be a year after I have moved in with my girlfriend, so I apparently I will have to notify the IRCC about the change of my status from single to common-law. However, what bothers me is how to prove that we were NOT living together for a year by the time of AOR? I will have a lease agreement with a date and a bunch of mail, but we've been dating for more than a year before moving in and it will be tricky to prove that we've been living together for exactly a year.
As far as I know, in case of getting married, you have to notify the IRCC and if all goes well, your spouse will be allowed to go to Canada with you. How about the same case, but with common-law? What are the risks?

P.S. well, maybe I would decline the ITA and get another one with my common-law when we reach a year, but due to COVID-19 I am not sure the FSW ITAs will be issued soon, so would not like to waste it.

You don't have to prove that you WEREN'T living together. Once you become common-law, you will add her to your app and she will become a PR with you.

 

[Gene1991]

You don't have to prove that you WEREN'T living together. Once you become common-law, you will add her to your app and she will become a PR with you.

Thank you for the reply! And what is the risk if IRCC find our proof and evidence insufficient? Will the partner be refused to get the PR or both the applicant and the partner? Of course, provided all the evidence and proof are truthful, I still believe there is a chance of refusal. Can this result in a 5 year ban?

 

[canuck_in_uk]

Thank you for the reply! And what is the risk if IRCC find our proof and evidence insufficient? Will the partner be refused to get the PR or both the applicant and the partner? Of course, provided all the evidence and proof are truthful, I still believe there is a chance of refusal. Can this result in a 5 year ban?

If IRCC decides there is insufficient common-law evidence, the partner is removed from the app and it processes as normal. It isn't misrepresentation.

 

[canuck_in_uk]

In some cases, IRCC may assert that you were in a common law relationship before you disclosed it. Refer to this article.

I understand that the situation mentioned in this article is different from your situation (possibly substantially so), but if I was in your position I would still do my best to demonstrate not only that the common law relationship exists, but also that it started at the time that you claim.

Maybe you can provide additional documents, such as:

• Government or bank documents sent to your partner's previous address
• Any evidence of changing addresses, e.g. confirmation emails etc. by banks etc. when you change your address with them
• Did you use a removalist for the move? You could use the invoice as additional evidence

Again, this may not be required and you could be totally fine as canuck_in_uk suggests. But if you can get additional evidence, it certainly isn't going to hurt your case.

There isn't any need to prove that they weren't common-law unless IRCC asks and IRCC won't ask unless the couple somehow indicates that they lived together before they said in the app.