Please! Seeking Advice on Applying for Permanent Residency with Common-Law Partner

[ridhamshah1025]

Seeking Advice on Applying for Permanent Residency with Common-Law Partner
Hello everyone,

I am planning to apply for Permanent Residency (PR) in Canada with my common-law partner, and I need your help and support. Here's my detailed scenario:

My Journey in Canada:

• August 17, 2022: Arrived in Canada.
• October-November 2022: Visited my boyfriend in Manitoba while he was studying for his master's.
• December 2022: He moved to Ontario and started living with me. We updated our CRA tax return address and bank account addresses, but we don't have other proof of living together from this time.
• May 2023: We signed a new lease with our landlord, including both of us and a friend, for a 2-bedroom apartment.
• December 2023: Completed my master's in Ontario and created an Express of Interest for OINP for the master's stream.
• Present: We have a Bell internet bill in my name, paid by my partner. We have not updated our common-law status for the 2023 tax return due to the lack of proof of cohabitation.
• Work Permit Application: Did not update my status as a common-law partner because we did not have sufficient proof of living together for a year. We consider May 1, 2023, as the start date for this.
• May 2024: My partner added me to his credit card account as an additional cardholder.
• June 2024: My partner updated his status as a common-law partner at his job and added me as the insurance beneficiary. We are now updating our status as common-law partners wherever applicable.
• July 2024: I received my OHIP card under my partner's OHIP, as he has been working full-time in an IT company for the past 1.5 years. We share the same address on our driver's licenses and individual bank accounts. Our lease includes both of us and our friend.

Questions:

1. Based on my profile, should I apply for PR with my common-law partner?
2. In September 2024, we are moving to a new place and will have a lease agreement including me, my partner, and our friend (the same friend from the previous address). Should we have only the two of us on the lease, or is it okay to include our friend?
3. Given that we have been living together since December 2022 but only have proof from May 2023, is it acceptable that we did not update our status for the 2023 tax return and my work permit application? Can we proceed with the IRCC Non-Express Entry PR application?
4. What are your suggestions based on my profile?
5. In the new place, everything is included except hydro. Should we add both of our names to the hydro bill?

Your thoughts and opinions would be greatly appreciated. Thank you!

 

[armoured]

1. Based on my profile, should I apply for PR with my common-law partner?

Not family sponsorship, post in the appropriate forum for OINP.

For the common-law stuff: you have the main thing, which is a lease in common. Your CRA filing for last year can be re-filed/corrected, not rare at all.

I think the rest is over-thinking, demonstrate you've resided together more than 12 months and relationship is genuine, probably ok. If you're really stressed about it, go to city hall and get married and sleep at night.

 

[ridhamshah1025]

Hey Armoured,

Thanks for your quick response. It means a lot to me.

Sorry, I know I am overthinking, but I am feeling low.

Would you recommend my partner and me to refile our taxes with the common-law status? We started living together from December 7, 2022, to the present, but we didn't have proof such as a lease until May 2023. In May 2023, we got a lease with our names on it, along with one more friend living with us. Because of this, I am considering the one-year period from May 2023 to May 2024, since we have our names on the lease. Would you recommend us to consider our relationship starting from December 7, 2022, or May 2023?

 

[ridhamshah1025]

Hey Armoured,

Thanks for your quick response. It means a lot to me.

Sorry, I know I am overthinking, but I am feeling low.

Would you recommend my partner and me to refile our taxes with the common-law status? We started living together from December 7, 2022, to the present, but we didn't have proof such as a lease until May 2023. In May 2023, we got a lease with our names on it, along with one more friend living with us. Because of this, I am considering the one-year period from May 2023 to May 2024, since we have our names on the lease. Would you recommend us to consider our relationship starting from December 7, 2022, or May 2023?

 

[armoured]

Would you recommend my partner and me to refile our taxes with the common-law status? We started living together from December 7, 2022, to the present, but we didn't have proof such as a lease until May 2023. In May 2023, we got a lease with our names on it, along with one more friend living with us. Because of this, I am considering the one-year period from May 2023 to May 2024, since we have our names on the lease. Would you recommend us to consider our relationship starting from December 7, 2022, or May 2023?

I do not have a strong opinion on the tax thing - but since it is factually correct, yes, it makes sense to do so.

I think it would help you understand to simply approach from the factual basis: yes, you started living together in Dec 2022, to present day. When you present info to IRCC, you can also state this - just epxlain, in brief, that your actual period living together is longer than that which can be documented (May 2023 to present). The key point is that it must be LONGER than 12 continuous months, and obviously best if DOCUMENTED for at least those 12 continuous months.

Or in other words: tell the truth, explain the gaps in documentation, and emphasize that you DO have good evidence for longer than 12 months residing together (lease plus other), May 2023 to present, and [whatever you have even if circumstantial] for the period before May 2023.

And seriously: it may make sense to simply get married and present that evidence. As far as the govt is concerned, marriage is a civil relationship, whose validity is generally taken at face value because organized and approved by govt; common law is a civil relationship (akin to marriage) that in this context is harder to demonstrate.

If you want to have a separate ceremony for yoursefl with white horses and unicorn farts, by all means, govt doesn't care about that.

 

[ridhamshah1025]

I do not have a strong opinion on the tax thing - but since it is factually correct, yes, it makes sense to do so.

I think it would help you understand to simply approach from the factual basis: yes, you started living together in Dec 2022, to present day. When you present info to IRCC, you can also state this - just epxlain, in brief, that your actual period living together is longer than that which can be documented (May 2023 to present). The key point is that it must be LONGER than 12 continuous months, and obviously best if DOCUMENTED for at least those 12 continuous months.

Or in other words: tell the truth, explain the gaps in documentation, and emphasize that you DO have good evidence for longer than 12 months residing together (lease plus other), May 2023 to present, and [whatever you have even if circumstantial] for the period before May 2023.

And seriously: it may make sense to simply get married and present that evidence. As far as the govt is concerned, marriage is a civil relationship, whose validity is generally taken at face value because organized and approved by govt; common law is a civil relationship (akin to marriage) that in this context is harder to demonstrate.

If you want to have a separate ceremony for yoursefl with white horses and unicorn farts, by all means, govt doesn't care about that.

Hey Armoured,

Amazing, man!

Thanks for your support and help. It feels so good to know that someone is there for you.

I think yes you are correct, I should go with the fact.

I do have one thing to mention: I cannot get married right now because my family is not ready for it, even though my partner's family is. That's why I don't want to get legally married, at least for now. I hope this helps you understand the situation better.

Other than this Is there anything would like me to suggest or give any advice other than marriage? Like I can do PR application only for me? Any other thing you want to say?

Thanks you so much.

 

[armoured]

I do have one thing to mention: I cannot get married right now because my family is not ready for it, even though my partner's family is. That's why I don't want to get legally married, at least for now. I hope this helps you understand the situation better.

Other than this Is there anything would like me to suggest or give any advice other than marriage? Like I can do PR application only for me? Any other thing you want to say?

I don't think you should let your family get in the way of your life - but that's easy for me to say, harder to do.

No, nothing more to add. I think you've got the basics and are over-worrying.

 

[ridhamshah1025]

I don't think you should let your family get in the way of your life - but that's easy for me to say, harder to do.

No, nothing more to add. I think you've got the basics and are over-worrying.

Sounds good to me. Thanks for everything.

Just to confirm, can I proceed with this profile as a common-law partner without being married?

Should I update my marital status with the CRA? In my work permit application form submitted in January 2024, I listed my status as single. What should I do about this, considering we are now presenting facts about our common-law status? I'm worried this might be seen as providing false information. Since we started living together in December 2022, our one-year mark would be December 2023. Is it acceptable that I did not select common-law status then, or should I have what is your opinion here on what I should do about this situation?

Regarding our new lease, is it okay to have a roommate (planning to add total three people on lease for 2 BHK), or should it just include me and my partner?

Thank you

 

[armoured]

Sounds good to me. Thanks for everything.

Just to confirm, can I proceed with this profile as a common-law partner without being married?

Should I update my marital status with the CRA? In my work permit application form submitted in January 2024, I listed my status as single. What should I do about this, considering we are now presenting facts about our common-law status? I'm worried this might be seen as providing false information. Since we started living together in December 2022, our one-year mark would be December 2023. Is it acceptable that I did not select common-law status then, or should I have what is your opinion here on what I should do about this situation?

Regarding our new lease, is it okay to have a roommate (planning to add total three people on lease for 2 BHK), or should it just include me and my partner?

Thank you

You're going to have to make some decisions on your own.

Yes, you can proceed with it as common law if you think it's sufficient. (BTW - something I just learned - if you do marry DURING the processing period, IRCC will ('must') take that into account and doesn't require any changes to the app, i.e. the marriage will be considered as demonstrating a legal relationship as long as not fraudulent).

Same with CRA - you have to decide. As a general rule, IRCC is more forgiving (MUCH more) when clients own up to their mistakes on their own. Lots of people don't know they should have filed as CRA. I don't have direct experience with CRA on this either - but my impression is the same. Their might be some amounts payable but they don't (seem to) go out of their way to punish those who have come forward with information before they are caught. (Or at least not harshly punish). You are not the first to have not understood you shoudl have filed as common law. I can't comment as to how important this is with respect to IRCC.

I don't think the extra roommate thing is an issue at all, on the lease or not, UNLESS they have other reasons to substantially doubt your relationship is genuine.

 

[ridhamshah1025]

You're going to have to make some decisions on your own.

Yes, you can proceed with it as common law if you think it's sufficient. (BTW - something I just learned - if you do marry DURING the processing period, IRCC will ('must') take that into account and doesn't require any changes to the app, i.e. the marriage will be considered as demonstrating a legal relationship as long as not fraudulent).

Same with CRA - you have to decide. As a general rule, IRCC is more forgiving (MUCH more) when clients own up to their mistakes on their own. Lots of people don't know they should have filed as CRA. I don't have direct experience with CRA on this either - but my impression is the same. Their might be some amounts payable but they don't (seem to) go out of their way to punish those who have come forward with information before they are caught. (Or at least not harshly punish). You are not the first to have not understood you shoudl have filed as common law. I can't comment as to how important this is with respect to IRCC.

I don't think the extra roommate thing is an issue at all, on the lease or not, UNLESS they have other reasons to substantially doubt your relationship is genuine.

Everything seems good. Apologies for the last and final question.

• In January 2024, I selected "single" as my marital status on my work permit application because I had no proof of my common-law relationship at that time. Given this situation:
  • What should I do now? (Important)
  • Does this affect my future PR application, or can I explain in cover letter to IRCC that I selected "single" on my work permit application due to a lack of proof? (Important)
• If you were in my situation:
  • Would you avoid applying with a common-law partner, given this profile? (Important)
  • Would you apply individually and then submit a separate spousal application later? (Which would you prefer)
• 
  
• If I choose to apply for my own PR application and pursue it as a single applicant, but I obtained my OHIP card under my partner's name:
  • Do I need to revoke my OHIP card?
  • Should I inform ServiceOntario that I want to revoke it because I am single?
    
    
    The reason I am asking is because I do not have that much confidence so.

Thank you for everything and the support I am getting from you. These are my couple of questions. Thank You.

 

[armoured]

I think I've said all I'm going to on this. Decide for yourself, or hire someone for money to make decisions for you.

 

[ridhamshah1025]

I think I've said all I'm going to on this. Decide for yourself, or hire someone for money to make decisions for you.

I know I'm asking a lot, and I appreciate all the help you've given me throughout the day. You've been so kind. I'm just trying to understand things in a simpler way, so I want to ask about the work permit issue again. How should I address this?

Please

 

[canuck78]

Not going to give advise but be advised that IRCC will look back at your previous filings and will look at other documents submitted so it is important to show consistency.

 

[forevermore76]

Didn't read through the whole thing but seems like OP has been declaring common-law where it's convenient and beneficial. Definitely should make it all consistent before taking any further steps.