PR Application via Common Law sponsorship - Taxes?

[srfheat]

Good afternoon,

Hoping someone can help with a question regarding impending common law PR application.

Background:
I'm British, been in Canada since Sept 2011. Currently on temporary resident visitor visa and planning to apply for PR through my common law partner come May 2014.

My girlfriend and I spoke to a lawyer regarding immigration questions last year. The lawyer mentioned that we should file our taxes together (as common law). We won't technically be common law until 1st May 2014 and we obviously need to file our taxes before then. I understand that filing taxes together would be ideal evidence of our relationship but should we be filing together if we aren't technically common law yet?

Any advice on this would be greatly appreciated.

Many thanks,
srfheat

 

[Carlaganda23]

Good afternoon,

Hoping someone can help with a question regarding impending common law PR application.

Background:
I'm British, been in Canada since Sept 2011. Currently on temporary resident visitor visa and planning to apply for PR through my common law partner come May 2014.

My girlfriend and I spoke to a lawyer regarding immigration questions last year. The lawyer mentioned that we should file our taxes together (as common law). We won't technically be common law until 1st May 2014 and we obviously need to file our taxes before then. I understand that filing taxes together would be ideal evidence of our relationship but should we be filing together if we aren't technically common law yet?

Any advice on this would be greatly appreciated.

Many thanks,
srfheat

Hi,

You can change from Single to Common-Law effective this May 2014.Your partner can change it online,you have to call the CRA hotline to set if up for you,if your partner hasn't got yet.

Do you have plenty of documents/proofs to support your Common-Law Application to CIC?

 

[Ponga]

I'm not a lawyer, nor do I play one on tv, but...If you file as a common-law couple and are NOT, that sounds like a form of tax fraud to me.

If you are claiming credits that a cl couple would be entitled to, that only amplifies the potential problem...I would think.

 

[srfheat]

Carlaganda23:

Thanks for the reply. Will give that a try. I was previously working here (2 x IEC work visa) and had to stop working towards the end of 2013. So. if I understand you correctly, we file separately but after 1st May 2014 we can call and change the status whilst they are in process? I'm hoping we have plenty of other evidence. We've been together since October 2012, plenty of photos from trips etc, my parents have visited from UK and will provide signed letter, have joint bank accounts, both names of lease, bills etc. Should be okay.


Ponga:

This was exactly my concern. Just confused as to why the lawyer would have advised this if we could run into big problems down the line.

 

[Rob_TO]

People are doing taxes now for the 2013 tax year. If you were not officially common law as of Dec 31, 2013, then you can NOT file taxes as common-law for 2013. To do so would be tax fraud. In 2013 you were both single, so your taxes need to reflect that.

You will file taxes for 2014 as common-law, since you will become common-law in 2014.

In the month you become common-law, you can change your status with CRA from single to common-law using their online account service. This will just affect any GST credit or other monthly benefits you may be receiving.

 

[Ponga]

Carlaganda23:

Thanks for the reply. Will give that a try. I was previously working here (2 x IEC work visa) and had to stop working towards the end of 2013. So. if I understand you correctly, we file separately but after 1st May 2014 we can call and change the status whilst they are in process? I'm hoping we have plenty of other evidence. We've been together since October 2012, plenty of photos from trips etc, my parents have visited from UK and will provide signed letter, have joint bank accounts, both names of lease, bills etc. Should be okay.


Ponga:

This was exactly my concern. Just confused as to why the lawyer would have advised this if we could run into big problems down the line.

You'd be [almost] shocked at the number of people that were given bad advice from their lawyers around here. Yikes!

Might be worth tossing that back to the lawyer and seeing what s/he says about the potential liability.

Personally, I think the risk far outweighs any potential benefit for the mere purpose of evidence of Common-Law...which you aren't deemed as such yet.

 

[Carlaganda23]

Carlaganda23:

Thanks for the reply. Will give that a try. I was previously working here (2 x IEC work visa) and had to stop working towards the end of 2013. So. if I understand you correctly, we file separately but after 1st May 2014 we can call and change the status whilst they are in process? I'm hoping we have plenty of other evidence. We've been together since October 2012, plenty of photos from trips etc, my parents have visited from UK and will provide signed letter, have joint bank accounts, both names of lease, bills etc. Should be okay.


Ponga:

This was exactly my concern. Just confused as to why the lawyer would have advised this if we could run into big problems down the line.

Since you are officially Common-Law this coming May 2014,then your partner can change his/her Marital Status at that time.It is very easy to do it,you can change it online and screen shot it.It only took me 2mins.to do it ,if you have online account it is very convenient.

Yes, you have sufficient evidences to support your application,don't forget to ask atleast 2 Statutory Declaration from your friends,relatives,families and it must be notarized by commissioner of oath.

I applied Common-Law too goodluck