Please I would appreciate some help with common law

[Rob_TO]

It's not a big deal. If you landed as single in Jan 2014, then you have to say you weren't common law at that time, so say you only lived together for 11 months at that point. Then became common law in February 2014. So you can apply as common law now.

Except the OP stated: "but on my Canadian Experience class application I had my girlfriend previous place under her name as an address on my PR forms. "

So CIC already has a record of his previous addresses.

just staying together in same apartment doesn't classify one as common law. a couple can claim to be common law if they have stayed together for 12 months, but the govt can't force them to be one. they can just be roommates. govt doesn't enforce marriage unless requested by the individuals.

This is completely false. The government can, and has, "forced" people into common-law status despite if they wanted to claim it or not. The CRA has done this many times to force people living together to stop filing taxes as single and to instead file as common-law.

And the CIC has also done this when people try to sponsor their common-law partner or spouse, and CIC has stated that they were actually common-law before the sponsor landed as PR. They often don't believe the "roommate only" story. They then put the onus on the sponsor/applicant to prove that they weren't common-law, which drags out the process, and leads to possible denial/appeal.

The danger for the OP here is that if he proceeds with a common-law app for his partner, and basically lies in the application about their relationship and cohabitation history... if CIC suspects anything not only could they just refuse his partner, but they could also take action to revoke his own PR since he landed under misrepresentation.

 

[chakrab]

CRA is a bit different though. for CRA two people are classified as common-law partners if they have a kid together and never stayed together ever. they do it for the child tax benefit.

also my point wasn't to support evading tax or falsifying information. just stating that if lets say, two friends share an apartment for 2 years while in college, the CRA wont force them to claim as couple. if the two people have been staying together for a while and the CRA tracks their SINs to have the same address for a prolonged time, then the CRA will ask to verify the status. CRA can't automatically file them as common-law partners.

 

[Rob_TO]

also my point wasn't to support evading tax or falsifying information. just stating that if lets say, two friends share an apartment for 2 years while in college, the CRA wont force them to claim as couple. if the two people have been staying together for a while and the CRA tracks their SINs to have the same address for a prolonged time, then the CRA will ask to verify the status. CRA can't automatically file them as common-law partners.

The CRA has in the past audited people who lived together for extended times yet were filing taxes as single, and forced them via legal proceedings to file as common-law, meaning possible fines and owing of back-taxes due to re-assessing previous years taxes now as common-law.

And as I said the CIC has declared people as common-law, even though they tried to explain they were only roommates, or didn't even live together for 12 months.

 

[kafka khaos]

CRA can't automatically file them as common-law partners.

CIC should. If their records show Jane on a visitor or worker visa migrant has been living with Jim, a citizen or PR for 12 months they should just mail out the PR card automatically to Jane. Why make people apply if they have no choice in the matter?

 

[chakrab]

The CRA has in the past audited people who lived together for extended times yet were filing taxes as single, and forced them via legal proceedings to file as common-law, meaning possible fines and owing of back-taxes due to re-assessing previous years taxes now as common-law.

And as I said the CIC has declared people as common-law, even though they tried to explain they were only roommates.

I agree with CRA, i think we are both saying same things but in different ways.

but why would CIC want to force people as common-law. wont that mean they have to issue spousal visa or PR if one of them is not a resident? how does CIC gain from it.

or are you only pointing to cases where they failed to mention the dependent name in their individual PR application?

 

[Rob_TO]

CIC should. If their records show Jane on a visitor or worker visa migrant has been living with Jim, a citizen or PR for 12 months they should just mail out the PR card automatically to Jane. Why make people apply if they have no choice in the matter?

The way CIC works is... if common-law will benefit you (as in applying for PR) then you need to jump through hoops to prove it.

But if common-law will be harmful to you (such as landing as single when you may be common-law), then CIC will simply claim you are common-law and you have to then jump through hoops to prove you aren't.

or are you only pointing to cases where they failed to mention the dependent name in their individual PR application?

Yes they only care when it comes to possible misrepresentation. There have been several cases on this site of people landing as single, and CIC later claims they should have been common-law.

 

[chakrab]

The way CIC works is... if common-law will benefit you (as in applying for PR) then you need to jump through hoops to prove it.

But if common-law will be harmful to you (such as landing as single when you may be common-law), then CIC will simply claim you are common-law and you have to then jump through hoops to prove you aren't.

Yes they only care when it comes to possible misrepresentation. There have been several cases on this site of people landing as single, and CIC later claims they should have been common-law.

lol i think that answered my query too

 

[Leizifei]

Thank you all for the input, I book a consultation with a lawyer just to clarify and check what are our options, and I was reading my PPR yesterday as well and it states:

"Has your family composition changed since our last correspondence?

· Have you married or divorced?
· Have you given birth or adopted a child?
· Do you intend to get married or divorced prior to becoming a permanent resident?
· Do you intend to give birth or adopt a child prior to becoming a permanent resident?

If any of these conditions apply, you must inform CPP-O immediately:
OttPilot-Immigration@cic.gc.ca

You will be asked to submit evidence such as a copy of the marriage, divorce, birth or adoption certificate or a letter advising when and where the marriage, divorce, birth or adoption is expected to take place. Any new spouse and/or children must be added to your application and be found admissible to Canada before your case is finalized. Failure to declare additional dependants such as a spouse or children before you become a permanent resident could result in the cancellation of your permanent resident visa. Once your file is closed, you would be required to submit a new application and pay new processing fees. Any new application would be assessed under the Act and Regulations in force at the time of its submission."

and the definition of spouse according to CIC:
"Spouse - A legal marriage partner. This term includes both opposite- and same-sex relationships but does not include common-law partnerships."

and

Common-law partner- Related term: Common-law spouse
A person who has been living with another person in a conjugal relationship for at least one year. The term refers to opposite-sex and same-sex relationships.

So when they requested they did not mention about common law spouse, that is my only hope.

 

[Rob_TO]

So when they requested they did not mention about common law spouse, that is my only hope.

It includes common-law. That is not even open for debate. Look at the wording on your COPR document which is the important one... not passport request.

If CIC knows you were common-law before the date you landed, then your partner is banned forever under family class. Her PR app would be rejected, and you would end up losing even if you decided to appeal. This has happened before and nobody is successful except in the most extreme cases of humanitarian/compassionate reasons (which doesn't apply to you). You can read previous court cases of people trying to appeal this type of rule, and CIC is very strict at enforcing it.

 

[QuebecOkie]

While the OP may have ignored some advice earlier and contributed greatly to his own problems, I can't help but be (ONCE AGAIN) very frustrated with the way CIC handles common law status. For those who wish to sponsor a common-law partner, there's a heavy burden of evidence (joint leases, bank accounts, etc) that must be satisfied before CIC will believe that a partner is, indeed, common law. However, in the opposite direction, it seems to take merely a suspicion of common law to exclude undeclared partners from future sponsorship. It's very confusing and quite frustrating.

 

[truesmile]

The way CIC works is... if common-law will benefit you (as in applying for PR) then you need to jump through hoops to prove it.

But if common-law will be harmful to you (such as landing as single when you may be common-law), then CIC will simply claim you are common-law and you have to then jump through hoops to prove you aren't.

I find this quite clear. It's not confusing at all.

 

[needhimback]

Hi all, I would like to ask an opinion to the experts. This is my situation, my girlfriend moved to an apartment in 2010 to 2012 and the lease was under her name, and I moved in with her, I applied for my permanent residence under Canadian Experience class in 2012 and I landed in January 2014. In 2013 we moved in to a new apartment together with both our names on the lease and its been 1 year, now I would like to sponsor her under common law. My question is, if we lived together from 2010 to 2012 but we did not have any joint bank, lease or joint credit cards, but on my Canadian Experience class application I had my girlfriend previous place under her name as an address on my PR forms. Now is there any problem if we both had same previous addresses on the common law application?

I personally think common law applications are a big headache - dont mean to scare you but too many refusals .

good luck !!

 

[truesmile]

I personally think common law applications are a big headache - dont mean to scare you but too many refusals .

That's actually what the OP was trying to avoid. But by avoiding it, they find themselves now in a pickle.

 

[Leizifei]

Thank you all for the input, but I found the solution =), I booked an consultation with Canada visa place and everything worked out.

 

[Alurra71]

Thank you all for the input, but I found the solution =), I booked an consultation with Canada visa place and everything worked out.

Just be sure it is working out 'legally'. Many of these consultants will tell you exactly what you want to hear to get your money but they can't back up their claims as they have no more sway over CIC than we do sitting here at our desks.

Good luck to you, though.