How to prove common-law relationship and why is it required?

[Amusement7340]

I am already in Canada on a study permit. My common-law partner is also already in Canada on her PGWP.

She will be going back to school for her masters program in September and so she is applying for a new study permit and co-op work permit now. I will be applying for my own PGWP once I graduate next month.

On her study permit application, she needs to fill in IMM 5409 E for the statutory declaration of common-law and I'm guessing we would need to provide proof that we are common-law along with that form?

Firstly, why do we need to provide proof? I am not asking for sponsorship or to be her dependent or anything like that, why is that required?

Secondly, we started living together in December 2022 but didn't have a lease until we moved into a new place in May 2023, so for those 4 months what kind of proof can I provide? Does this proof need to have both our names along with the address, or is it fine to show separate documents with each of our names + the same address?

So far, for December 2022 - May 2023, I have:
1. A joint bank account in both of our names that is used very sparingly
2. Tenant's insurance addressed to her but has both our names + our roommate's name in the covered persons section
3. Car insurance, the same as (2), it also has the roommate's name on it.
4. I have our Rogers bill with our accounts but I forgot to change the address on my account so it shows a very old address. Is that fine?
5. She has life insurance with me as the beneficiary since June 2022, but I'm not sure how to provide the dates for this? Does anyone have any experience with this? Similarly, I also have all my brokerage accounts set up with her as the beneficiary, but there's literally no dates or anything on these pages, so I'm not sure how to prove that these have been set up for years

Can anyone help?

 

[YVR123]

I am already in Canada on a study permit. My common-law partner is also already in Canada on her PGWP.

She will be going back to school for her masters program in September and so she is applying for a new study permit and co-op work permit now. I will be applying for my own PGWP once I graduate next month.

On her study permit application, she needs to fill in IMM 5409 E for the statutory declaration of common-law and I'm guessing we would need to provide proof that we are common-law along with that form?

Firstly, why do we need to provide proof? I am not asking for sponsorship or to be her dependent or anything like that, why is that required?

Secondly, we started living together in December 2022 but didn't have a lease until we moved into a new place in May 2023, so for those 4 months what kind of proof can I provide? Does this proof need to have both our names along with the address, or is it fine to show separate documents with each of our names + the same address?

So far, for December 2022 - May 2023, I have:
1. A joint bank account in both of our names that is used very sparingly
2. Tenant's insurance addressed to her but has both our names + our roommate's name in the covered persons section
3. Car insurance, the same as (2), it also has the roommate's name on it.
4. I have our Rogers bill with our accounts but I forgot to change the address on my account so it shows a very old address. Is that fine?
5. She has life insurance with me as the beneficiary since June 2022, but I'm not sure how to provide the dates for this? Does anyone have any experience with this? Similarly, I also have all my brokerage accounts set up with her as the beneficiary, but there's literally no dates or anything on these pages, so I'm not sure how to prove that these have been set up for years

Can anyone help?

provide the proof that you have. They ask for proof for common law which is similar to ask for marriage certificate for married couples.

 

[Ross88]

Maybe the roommate is actually your common law partner and you are just confused? I mean, who introduces someone as their "common law partner" and not "girlfriend" when it's only been slightly over a year living together - and with very loose evidence at that!?

Good luck with whatever angle you are trying to set up!

 

[Amusement7340]

Maybe the roommate is actually your common law partner and you are just confused? I mean, who introduces someone as their "common law partner" and not "girlfriend" when it's only been slightly over a year living together - and with very loose evidence at that!?

Good luck with whatever angle you are trying to set up!

Are you good? We've been dating for 10 years and literally legally meet the definition of common law partners. Why are such terrible and unhelpful people like you on this forum? Don't you have anything better to do with your time?

 

[Simba112]

Are you good? We've been dating for 10 years and literally legally meet the definition of common law partners. Why are such terrible and unhelpful people like you on this forum? Don't you have anything better to do with your time?

I think confusion is when you wrote " we started living together in Dec 2022 and moved to new place May 2023 after obtaining Lease". By that, it fell short of definition of Common Law Partner. Dating someone for 10yrs would only be considered as CLP if you lived together in marriage-like relationship for certain period of time. If that applies in your case, and have proof to that, then that can be considered as Common Law Partner.

1 (1) The definitions in this subsection apply in the Act and in these Regulations.

common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

 

[Ross88]

Are you good? We've been dating for 10 years and literally legally meet the definition of common law partners. Why are such terrible and unhelpful people like you on this forum? Don't you have anything better to do with your time?

You do you, friend. Getting defensive probably isn't the best idea.

As the above poster said, at no point did you mention that you've been dating for 10 years.

Usually people are worried that they are accidentally common law, because that attracts additional scrutiny.

In my few years browsing these forums, this is the first time I've seen someone trying keenly to substantiate what is really a marginal common law situation.

 

[Amusement7340]

I think confusion is when you wrote " we started living together in Dec 2022 and moved to new place May 2023 after obtaining Lease". By that, it fell short of definition of Common Law Partner.

Why does that fall short of the definition of common law partner? Does moving to a new place with my partner make us fall short? Do we need to live in the same location for 12 months?

I'm not sure I understand why that would be the case?

To clarify, we have lived together continuously since December 2022. Do all the 12 months have to be at the exact same address?

 

[Amusement7340]

In my few years browsing these forums, this is the first time I've seen someone trying keenly to substantiate what is really a marginal common law situation.

I don't really care how marginal or not my common law situation is, and I don't think IRCC cares either. I'm not going to misrepresent myself, or let my partner misrepresent herself, because some person on the internet thinks our relationship is 'marginally' common-law or that I'm confused and should declare common-law with my roommate instead.

Whether you like it or not, I've lived with her for a year and IRCC says that makes me common-law. Why would I say that I am single? Perhaps you should petition the government to add 'marginally' common law to the list of dropdown options, for people in my situation.

 

[Simba112]

Why does that fall short of the definition of common law partner? Does moving to a new place with my partner make us fall short? Do we need to live in the same location for 12 months?

I'm not sure I understand why that would be the case?

To clarify, we have lived together continuously since December 2022. Do all the 12 months have to be at the exact same address?

My previous comment was very clear. If you have proof from Dec 2022 living together, then you meet definition of Common Law Partner. If you dont but do have proof from May 2023 relying on lease agreement as a proof among others, then you fall short of requirement. Onus is on you to prove set qualifying period for Common law

 

[Ross88]

I don't really care how marginal or not my common law situation is, and I don't think IRCC cares either. I'm not going to misrepresent myself, or let my partner misrepresent herself, because some person on the internet thinks our relationship is 'marginally' common-law or that I'm confused and should declare common-law with my roommate instead.

Whether you like it or not, I've lived with her for a year and IRCC says that makes me common-law. Why would I say that I am single? Perhaps you should petition the government to add 'marginally' common law to the list of dropdown options, for people in my situation.

Not going to address the defensive attitude again. If anything it reinforces the points I'm making.

I do have an honest suggestion. If you really are in a committed relationship and wish to demonstrate that to IRCC, common law is basically married with very minor differences.

Why not just get married and eliminate the uncertainty?

 

[Ponga]

Why does that fall short of the definition of common law partner? Does moving to a new place with my partner make us fall short? Do we need to live in the same location for 12 months?

I'm not sure I understand why that would be the case?

To clarify, we have lived together continuously since December 2022. Do all the 12 months have to be at the exact same address?

No. The only requirement is continuous cohabitation together anywhere on the planet for 365 days. Your physical address matters not as long as you were both living there, which you were.

No idea, really, why IRCC needs the common-law information. Since they are the ones that make the rules, it's probably best to just accept that and succumb to their policy.

 

[Amusement7340]

No. The only requirement is continuous cohabitation together anywhere on the planet for 365 days. Your physical address matters not as long as you were both living there, which you were.

No idea, really, why IRCC needs the common-law information. Since they are the ones that make the rules, it's probably best to just accept that and succumb to their policy.

Understood, thank you. I think the best solution would be to apply for her study permit in May 2024 at which point I can provide the lease agreement for the last 1 year, along with the other, less strong, proof showing that we've been living together since December 2022.

 

[Amusement7340]

Not going to address the defensive attitude again. If anything it reinforces the points I'm making.

I do have an honest suggestion. If you really are in a committed relationship and wish to demonstrate that to IRCC, common law is basically married with very minor differences.

Why not just get married and eliminate the uncertainty?

We are getting married at the end of this year, everything is already planned. I don't want to bring the marriage forward just so she can apply for a study permit. That's why in my original post I'm asking what the purpose of having to prove the relationship is? I don't need sponsorship from her, I already have my own visa.

At the same time, we don't want to misrepresent anything obviously. That is why my question is simply if all the proof I already have is enough, and if not, what should I be doing instead? Whether that is saying she is single (if we are not considered common-law) or something else, I do not care. I just needed to know the way forward.

 

[Ross88]

We are getting married at the end of this year, everything is already planned. I don't want to bring the marriage forward just so she can apply for a study permit. That's why in my original post I'm asking what the purpose of having to prove the relationship is? I don't need sponsorship from her, I already have my own visa.

At the same time, we don't want to misrepresent anything obviously. That is why my question is simply if all the proof I already have is enough, and if not, what should I be doing instead? Whether that is saying she is single (if we are not considered common-law) or something else, I do not care. I just needed to know the way forward.

You're really making it easy to poke holes in your story. Sorry in advance but I can't resist.

Oh, look, fiancee is another way you could have introduced this person instead of "common-law partner". I genuinely don't think anyone ever uses that term colloquially. You may not think twice of it but I would wager the majority of people would only use it in a legal setting.

I think you have the information you need to proceed from here. Again, good luck, truly!

 

[Amusement7340]

You're really making it easy to poke holes in your story. Sorry in advance but I can't resist.

Oh, look, fiancee is another way you could have introduced this person instead of "common-law partner". I genuinely don't think anyone ever uses that term colloquially. You may not think twice of it but I would wager the majority of people would only use it in a legal setting.

I think you have the information you need to proceed from here. Again, good luck, truly!

Yeah you know what, you're right. I just made up this entire fake story. I'm actually single with 5 children, living in London and don't even plan on coming to Canada. You got me.

Please find some better hobbies! Touch grass!