Meaning of "the date of entering common-law relationship"?

[baniza]

Dear all,

I`m currently working on the IMM1344 document for my PR application. Question 8b asks for the date we entered the common-law relationship. According to the CIC, you`re common-law when you have lived in a marriage-like relationship for one year.

So, do you enter the relationship on day 1 of you living together with your partner?

I`ve been living together with my gf in Canada since Nov 07, 2016. So, this would then be the date that`s asked for in question 8b, correct?

Thanks a lot,
Ferdinand

 

[Bs65]

The definition of common law is as you have posted , living together for 12 months then you can claim common law so the date you became common law is 12 months after you started living together.

Others can correct me but in your case if you started living together nov 07 2016 without any major breaks then you became common law Nov 08 2017, 12 months after you started living together given before that you had not met the definition of common law. So 366 days after you started living together.

See a previous post same question

https://www.canadavisa.com/canada-immigration-discussion-board/threads/provide-the-date-when-you-entered-into-common-law-help.251036/

Also guide imm5289 to filling the form in the step 3 filling forms section there is a specific answer to the form question

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#forms

 

[baniza]

The definition of common law is as you have posted , living together for 12 months then you can claim common law so the date you became common law is 12 months after you started living together.

Others can correct me but in your case if you started living together nov 07 2016 without any major breaks then you became common law Nov 08 2017, 12 months after you started living together given before that you had not met the definition of common law. So 366 days after you started living together.

See a previous post same question

https://www.canadavisa.com/canada-immigration-discussion-board/threads/provide-the-date-when-you-entered-into-common-law-help.251036/

Also guide imm5289 to filling the form in the step 3 filling forms section there is a specific answer to the form question

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#forms

Thank you, Bs65!

 

[nawalasansol]

Hi Guys,

I have a question here about common - law. Any help will be much appreciated.
I started living with my GF last year June (June 2018) and applied for my PR in the month of September 2018. I did not declare my GF in family details of my application as I was not sure about the future, also I read somewhere that for the common law, a couple should be together for at least one year which was not the case during my application. I did landing in the month of January 2019 as PR of Canada and got my permanent residence status.
Now, I want to sponsor her, as her visa is going to expire in the month of July (2019).
My question is, Do I fall under misrepresentation as I did not add her into my application of PR? What are the possibilities I have to sponsor her as a common law?

 

[21Goose]

This isn't misrepresentation since you did not qualify as common-law partners (you need to be living together for a year to qualify). You had only been living together for 4 months.

However, you probably still aren't common-law partners. Have you been living together for one year? Doesn't sound like it, unless she moved with you to Canada from the day you landed and you have been living together ever since. Even if that's true, it hasn't been a year.

You can marry her and sponsor her under the inland spousal sponsorship. Or you can wait till June and then sponsor her as a common-law partner. If you do that, you will have to prove that you have been living together in a marriage-like relationship for one whole year.

 

[nawalasansol]

This isn't misrepresentation since you did not qualify as common-law partners (you need to be living together for a year to qualify). You had only been living together for 4 months.

However, you probably still aren't common-law partners. Have you been living together for one year? Doesn't sound like it, unless she moved with you to Canada from the day you landed and you have been living together ever since. Even if that's true, it hasn't been a year.

You can marry her and sponsor her under the inland spousal sponsorship. Or you can wait till June and then sponsor her as a common-law partner. If you do that, you will have to prove that you have been living together in a marriage-like relationship for one whole year.

I am living in Canada for the last 3 year. I was on a work permit before and recently got PR. We are going to finish one year together in the month of June. As you said, she will be eligible for common law in the month of June even I have not added her in my PR application. I have added her in my rental agreement which may work for proof. Also, she has all the mailing documents (Bank Statement and Driving license, etc ). These are enough for the proof.
Just wanted to make sure, as I am a new Permanent Resident and don't want any blacklisting against my PR card.

 

[21Goose]

I am living in Canada for the last 3 year. I was on a work permit before and recently got PR. We are going to finish one year together in the month of June. As you said, she will be eligible for common law in the month of June even I have not added her in my PR application. I have added her in my rental agreement which may work for proof. Also, she has all the mailing documents (Bank Statement and Driving license, etc ). These are enough for the proof.
Just wanted to make sure, as I am a new Permanent Resident and don't want any blacklisting against my PR card.

You can prove that you weren't living together before June 2018? You may be asked to prove that...

 

[nawalasansol]

You can prove that you weren't living together before June 2018? You may be asked to prove that...

Thanks for your post and input She should have some document to prove the old address. I hope so .
Anything, I need to worry about? I can delay the process until September, as she can live here as a visitor.

 

[21Goose]

Thanks for your post and input She should have some document to prove the old address. I hope so .
Anything, I need to worry about? I can delay the process until September, as she can live here as a visitor.

Yes, it can be an issue if IRCC believes that you were in a common-law relationship already and you didn't declare it to avoid her getting examined as a member of the family class. If IRCC challenges you to prove that you weren't in a common-law relationship, and you can't prove it, your PR can be cancelled for misrepresentation.

You should start collecting documentation that will help prove this. You could have been dating her, that's fine, but you should not have been in a "marriage-like" relationship. This typically means that the two of you didn't live together, and weren't financially dependent on each other.

How about her prior lease? Did you support her financially before June 2018?

 

[nawalasansol]

Yes, it can be an issue if IRCC believes that you were in a common-law relationship already and you didn't declare it to avoid her getting examined as a member of the family class. If IRCC challenges you to prove that you weren't in a common-law relationship, and you can't prove it, your PR can be cancelled for misrepresentation.

You should start collecting documentation that will help prove this. You could have been dating her, that's fine, but you should not have been in a "marriage-like" relationship. This typically means that the two of you didn't live together, and weren't financially dependent on each other.

How about her prior lease? Did you support her financially before June 2018?

She was living in Airbnb on a monthly basis and she has receipt of payment. One more thing, she received T4 for 2018 where the address was the Airbnb but when she filled the return she mentioned current address. Some credit card bills with old and updated address we have. Hopefully, these documents will work. Let me start collecting all the document before and after. I can ask Airbnb owner as a receipt as well if required.

Please let me know if anything else I can do. Thanks a ton for helping in front.

 

[21Goose]

She was living in Airbnb on a monthly basis and she has receipt of payment. One more thing, she received T4 for 2018 where the address was the Airbnb but when she filled the return she mentioned current address. Some credit card bills with old and updated address we have. Hopefully, these documents will work. Let me start collecting all the document before and after. I can ask Airbnb owner as a receipt as well if required.

Please let me know if anything else I can do. Thanks a ton for helping in front.

You should collect everything and talk to a lawyer. If she filled in your current address in her Tax Return.. that's a pretty significant sign that you were living together before June 2018. AirBnb doesn't sound good either since it's not the same as a lease, and there's no way to prove that she wasn't living with you already, especially since her tax documents have your address.

Your case isn't simple and you should get proper advice before you file anything with IRCC.

 

[nawalasansol]

You should collect everything and talk to a lawyer. If she filled in your current address in her Tax Return.. that's a pretty significant sign that you were living together before June 2018. AirBnb doesn't sound good either since it's not the same as a lease, and there's no way to prove that she wasn't living with you already, especially since her tax documents have your address.

Your case isn't simple and you should get proper advice before you file anything with IRCC.

Thanks for the valuable information. Let us collect all the required document and proceed once we are pretty confident about the documents.