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Mortgage/Cohabitation agreement - questions about common-law applications

lylaxh

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Sep 17, 2012
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Dear all,

My boyfriend (Canadian citizen by birth) and I (international student in Canada) are planning on applying for common-law sponsorship and I have a couple of questions to ask to make sure if we need to do any adjustments in our application (which will be submitted next year).

Currently I'm living with him in his condo in Vancouver (owned by himself) and we did sign a cohabitation agreement when I moved in. In the agreement, we state that our debts would be separate as he still has a mortgage for the condo. I'm wondering if the agreement can be submitted as a proof of us living together (it couldn't be notarized in Canada as all the notaries told us they wouldn't notarize such a document so we had his mother sign as a witness). Also, as I'm not sharing the mortgage but we do have a joint bank account together. I'm wondering if this would cause any problem during the application, or if I'm just thinking too much.

I'd appreciate any help/advice. And allow me to thank anyone that replies beforehand!
 

LeisaP

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lylaxh said:
Dear all,

My boyfriend (Canadian citizen by birth) and I (international student in Canada) are planning on applying for common-law sponsorship and I have a couple of questions to ask to make sure if we need to do any adjustments in our application (which will be submitted next year).

Currently I'm living with him in his condo in Vancouver (owned by himself) and we did sign a cohabitation agreement when I moved in. In the agreement, we state that our debts would be separate as he still has a mortgage for the condo. I'm wondering if the agreement can be submitted as a proof of us living together (it couldn't be notarized in Canada as all the notaries told us they wouldn't notarize such a document so we had his mother sign as a witness). Also, as I'm not sharing the mortgage but we do have a joint bank account together. I'm wondering if this would cause any problem during the application, or if I'm just thinking too much.

I'd appreciate any help/advice. And allow me to thank anyone that replies beforehand!
we applied common-law as well.
you can certainly use that as a piece of evidence, and the fact u don't share the mortgage is fine, but I would make sure to include a sentence or two explaining why you don't.
You will also need to get a declaration of common-law from a notary office in Vancouver. its kind of like a legal form stating that you are telling the government you are common-law.

I would try to include any other evidence you have that's joint.
get your spouse to add your name to all of his bills, and have proof you are receiving mail to the same address.

If you want I can post the list of evidence we included with our application?
 

lylaxh

Newbie
Sep 17, 2012
7
0
Thank you so much for your suggestions and reply! Congratulations on your successful application too (just noticed). And yeah, I'd really appreciate if you can kindly provide a list for my reference. :)

May I also ask if you got your notarized declaration of common-law status in Canada? Is there a standard form (like that provided by CIC) or I simply have to make a form myself and go to a notary?

Many thanks.
 

nezya

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May 16, 2010
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lylaxh said:
Thank you so much for your suggestions and reply! Congratulations on your successful application too (just noticed). And yeah, I'd really appreciate if you can kindly provide a list for my reference. :)

May I also ask if you got your notarized declaration of common-law status in Canada? Is there a standard form (like that provided by CIC) or I simply have to make a form myself and go to a notary?

Many thanks.

The CIC has a common-law form you just fill that up and notorize it.
 

canuck_in_uk

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lylaxh said:
May I also ask if you got your notarized declaration of common-law status in Canada? Is there a standard form (like that provided by CIC) or I simply have to make a form myself and go to a notary?
You do NOT need a Declaration of Common-Law Union. Many people sponsoring their common-law partner get quite confused by this and get it but that's wrong.

As stated in the sponsor guide under the Statutory Declaration of Common-Law Union section, "This form must be completed and signed by the sponsor and common-law partner, only if the latter is a co-signer on the application". Example: a PR is sponsoring only his son and his Canadian common-law partner is co-signing the sponsor app with him, they need this declaration. But if you are sponsoring your spouse or common-law partner, you cannot have a co-signer and therefore do not need this declaration.

You prove you are common-law by showing that you have lived together for at least a year. Your co-habitation agreement, joint bank and credit card statements, joint utilities, mail in both your names at that address, mail to each of you showing the same address, ID's like Driver's Licenses showing the same address, e-tickets showing you travelled together, letters from friends and family etc. As common-law, you will need 2 notarized letters from family or friends stating that they know you to be in a serious, committed, common-law relationship and have been for X amount of time.