Family Sponsorship Application Help: Becoming common law

[TeddyBearsPrincess]

My fiance and I are finally getting to the sponsorship bit! Big thanks to everyone who helped me on here when I was preparing to return from the States. To be honest, I have no idea if the sponsorship is the right thing to do.

Oct. 9th was the cut off date for my visa, I applied for an extension again, and received a new one for November 30th. Oct. 12th, I'd have been living here for a year with him and we can become common law. Good. I rushed to the call center to figure what the next step in the process would be. Like making our common law status official and getting the show on the road so to speak. Our wedding isn't scheduled till August 17th, 2015. We might do something sooner, like a civil ceremony. But I don't know if this would hurry the process along or not.

Okay. So here's my question: How do I make my common law status official? There's an application included in the sponsorship "Statutory Declaration of Common Law Union" Is that what makes me officially his common law spouse? Would I write "common law" on all of the other applications henceforth or do I fill that out, send the whole lot out, calling myself "single", and wait for it to be accepted?

I'm currently doing all of the applications on my own since my fiance is gone till the last week on November for work. Any help on this is appreciated. Thanks.

 

[Ponga]

My fiance and I are finally getting to the sponsorship bit! Big thanks to everyone who helped me on here when I was preparing to return from the States. To be honest, I have no idea if the sponsorship is the right thing to do.

Oct. 9th was the cut off date for my visa, I applied for an extension again, and received a new one for November 30th. Oct. 12th, I'd have been living here for a year with him and we can become common law. Good. I rushed to the call center to figure what the next step in the process would be. Like making our common law status official and getting the show on the road so to speak. Our wedding isn't scheduled till August 17th, 2015. We might do something sooner, like a civil ceremony. But I don't know if this would hurry the process along or not.

Okay. So here's my question: How do I make my common law status official? There's an application included in the sponsorship "Statutory Declaration of Common Law Union" Is that what makes me officially his common law spouse? Would I write "common law" on all of the other applications henceforth or do I fill that out, send the whole lot out, calling myself "single", and wait for it to be accepted?

I'm currently doing all of the applications on my own since my fiance is gone till the last week on November for work. Any help on this is appreciated. Thanks.

The short answer is...nothing. You do not have to do anything to make your common-law status official. As long as you have solid evidence that you have in fact lived together for 1 full year, that's all you really need.

The Statutory Declaration is good to include (as it is optional)), but many couples have been approved without it.

Oh...and you would NOT call yourself single, just as your partner is not your `boyfriend'.

 

[TeddyBearsPrincess]

Great. Super helpful. I'm going to fill out the Statutory la la la form and put down "common law" on all the marital status parts and include every bit of evidence I can muster. Appreciated.

 

[Ponga]

Great. Super helpful. I'm going to fill out the Statutory la la la form and put down "common law" on all the marital status parts and include every bit of evidence I can muster. Appreciated.

Probably the biggest piece of evidence would be a joint-lease. If you don't have that, see if you can get something from the landlord (if you are renting, obviously) verifying your joint-tenancy. This would need to be notarized.

 

[TeddyBearsPrincess]

We're in military housing. They're aware I'm living here and he mentioned our plans before we were given the house. Maybe I can head to the MFRC and they can give me some sort of thing that says something like that. We do share a bank account.

 

[Ponga]

We're in military housing. They're aware I'm living here and he mentioned our plans before we were given the house. Maybe I can head to the MFRC and they can give me some sort of thing that says something like that. We do share a bank account.

Proving joint-tenancy for at least 1 full year (with no real interruptions) is crucial for a common-law sponsorship application. Besides having something in writing from the MFRC, you should also include copies of any mail that has been delivered to you during that time (like a few items that span the entire time), along with any joint bills (cell phone, credit cards, etc.).

 

[TeddyBearsPrincess]

Great. Now here's another thing. My full year was on Oct. 12. He left on Oct. 5th till Nov. 22nd for work. Since it's work and he's in the military. Will they mind? Is it all null and void now because he had to leave?

 

[Ponga]

Great. Now here's another thing. My full year was on Oct. 12. He left on Oct. 5th till Nov. 22nd for work. Since it's work and he's in the military. Will they mind? Is it all null and void now because he had to leave?

Good question. I recall reading [somewhere] that CIC realizes that persons in the military have no control over things like this and do take that into consideration...especially when you're only talking about ~ 1 week, but since this occurred prior to being deemed common-law...I don't honestly know.

I'm sure others will chime in and offer more help.

Good luck!

 

[TeddyBearsPrincess]

Thank you. You have been so helpful! Since the call center is updating, I call them for days and they always say "We're experiencing higher than normal call volume" and I can't get an agent.

 

[Rob_TO]

The only thing you really legally need to do after cohabiting for 12 months, is whoever is filing Canadian taxes (so for sure the sponsor and maybe also the applicant) needs to immediately change their status with the CRA from "single" to "common-law" for tax purposes.

Easiest way to do this is if one has their CRA "my account" set up ( http://www.cra-arc.gc.ca/myaccount/ ) so you can just do it with a click online.
But if you don't have access, you can just print out this form ( http://www.cra-arc.gc.ca/E/pbg/tf/rc65/rc65-14e.pdf ), fill in your new common-law status and mail it to CRA. Or they even mention on that form you can simply call them and change it over the phone.

 

[TeddyBearsPrincess]

Great. That is something I was wondering about. Thanks so much. If anyone else has any tips on this situation, please feel free to chime in.

 

[TeddyBearsPrincess]

One big question I have. My fiance is wondering if we can reapply for a visitor visa extension to give us some extra time to fill out the paperwork. He's gone till the 22nd and the 30th, that's the last day of my visitor visa. I know there's implied status while I have forms out but it just makes me nervous and I want to make sure this is being done right.

 

[Rob_TO]

One big question I have. My fiance is wondering if we can reapply for a visitor visa extension to give us some extra time to fill out the paperwork. He's gone till the 22nd and the 30th, that's the last day of my visitor visa. I know there's implied status while I have forms out but it just makes me nervous and I want to make sure this is being done right.

As a US citizen submitting an OUTLAND PR application, there is no such thing as implied status for you. So during the PR processing times if you want to remain in Canada you'll need to continue renewing your visitor statuses as they come due, or exiting and then re-entering Canada to get new status.

If you apply for an extension, many people have received 12 months.

 

[TeddyBearsPrincess]

You've saved me. I had no idea. I thought I'd have implied status. I'll send out the extension ASAP!

 

[Rob_TO]

You've saved me. I had no idea. I thought I'd have implied status. I'll send out the extension ASAP!

Actually to clarify, there is 1 area where you do have implied status (completely separate from a PR application) and that's when submitting a request for extension.

i.e. if your visitor status is valid until Nov 30th, and you submit an application to extend it before that date, you will have implied status until you hear back about the decision on your extension even if you get it sometime in December.