previous common-law

[mrs.sweden]

So I'm beeing sponsored by my Canadian husband and we are just finishing the final details of our application.

I've been thinking about the question about previous relationships on the Generic Application Form for Canada, for awhile but I'm not sure how to answer it....

From what I've understood a common-law relationship is when you have lived with your partner for 12 months.
About six years ago I lived with my exboyfriend but I cannot remember if it was for exactly 12 months so Im not even sure if we "counted" as common law. We didnt sign anything, just rented an apartment together. I cannot remember the exact date when we moved in together and when we moved apart. Is this a problem? I have't talked to him since and I have no idea where about he is and how I could get in contact with him.

What worries me is if I have to include some piece of offical paper stating that we moved apart? Cause we just simply moved apart and there was nothing more to it, no papers signed no legal document stating that we "seperated".

How should I include this in my application? I dont wanna write in my applicaton that I never was in a common-law relationship and beeing at risk at them seeing it as misrepresentation if I was in a common-law.

Hopefully someone can help me with this!

 

[Rob_TO]

If you didn't file taxes as common-law (or do anything as as common-law) then for all intents and purposes today you were never really common-law. Especially if you can't even remember if you actually lived together 12 months or not.

If it was me, considering it happened so long ago I wouldn't even mention it in the application.

 

[Ponga]

If you didn't file taxes as common-law (or do anything as as common-law) then for all intents and purposes today you were never really common-law. Especially if you can't even remember if you actually lived together 12 months or not.

If it was me, considering it happened so long ago I wouldn't even mention it in the application.

While I agree that this is probably not going to be a problem for the OP, I will say that even if a person did not file taxes as a common-law couple, they would in fact have still really been a common-law couple if they had lived together for 12 months (unless they lived in Alberta, or anyplace that requires more than 1 year of cohabiting to reach common-law).

I know that people are supposed to change their filing status with CRA, but even if they don't, they could in fact still be a common-law couple.

 

[Rob_TO]

While I agree that this is probably not going to be a problem for the OP, I will say that even if a person did not file taxes as a common-law couple, they would in fact have still really been a common-law couple if they had lived together for 12 months (unless they lived in Alberta, or anyplace that requires more than 1 year of cohabiting to reach common-law).

I know that people are supposed to change their filing status with CRA, but even if they don't, they could in fact still be a common-law couple.

The provincial rules are different from CRA and CIC rules. So no matter what province you are in, technically once you cohabit for 12 months you are common-law to both CRA and CIC.

However in this case I'm suggesting that since this happened so long ago, she's not even sure if they reached 12 months, and there is literally zero way CIC could ever tell otherwise, there is no point in mentioning the possible common-law status. It would just add complication to the application.

 

[Ponga]

The provincial rules are different from CRA and CIC rules. So no matter what province you are in, technically once you cohabit for 12 months you are common-law to both CRA and CIC.

However in this case I'm suggesting that since this happened so long ago, she's not even sure if they reached 12 months, and there is literally zero way CIC could ever tell otherwise, there is no point in mentioning the possible common-law status. It would just add complication to the application.

As I said, I agree.

I was only elaborating in case someone in a similar situation were to see your comments and assume that if they never filed taxes together, or did anything as a common-law couple, they wouldn't really be common-law, which would NOT be the case.

 

[mrs.sweden]

Thanks so much for all the answers!

Im just not gonna mention it on the application cause we surtainly didn't file any taxes together. This relationship happend here in Sweden way before I even knew my husband. I'm not even sure if there is such a thing as common-law relationship here in Sweden.

I just wanted to make sure that Im not at risk of misrepresentation.

Thanks again for all answers!

 

[Rob_TO]

I was only elaborating in case someone in a similar situation were to see your comments and assume that if they never filed taxes together, or did anything as a common-law couple, they wouldn't really be common-law, which would NOT be the case.

Yes very true, and in many cases people don't realize common-law happens automatically after 12 months cohabitation, it's not up to a personal choice if you want to claim it or not.

The advice here may be a bit different if the cohabitation was very recent.

I'm not even sure if there is such a thing as common-law relationship here in Sweden.

Technically that is not relevant. The only rules surrounding common-law that CIC cares about, are the rules from CIC. So cohabiting for 12 months anywhere in the world (no matter the laws of country you are in) would qualify you as common-law in the eyes of CIC.

However in your case it's not really relevant at all to your current application. The only chance you would have of being accused of misrepresentation is if you told your ex what you are doing and he told CIC that he used to live with you in a common-law relationship 6 years ago! Something i'm sure has 0% chance of happening.