proof of common law - some problem with landlord

[ashia]

Hi all,
I'm collecting evidence that we are common-law partners, and we have one problem with our landlord. I live with my partner since february 2013, i have all my phone bills coming here (ok, email but I have our address there), we just didn't care about putting me on contract. after a while we thought: ok, let's do it also, and we asked our landlord in August 2013 to do it. they are very lazy office, they claim they called us and mailed us, but nothing like this actually happened. we didn't care a lot, we thought it's just a formality and we thought they should care, not us - but now with common-law I know we should call them earlier. we called this February, visited them, gave more papers, and they said: ok, but we can add her (me) from next month, so it's March 2014.
so, formally, according to Canadian law, if I understand correctly, we are common-law since 2013, and having me on contract with landlord is only some second thing? and I should not worry and apply for my common-law sponsorship soon anyway? or should I wait one year longer?

I have other proof: we have joint bank account since July 2013, all my phone bills are addressed here, my family sends me packages to this apartment since I live here. our friends can confirm we live together since I'm in Canada. So I hope we have enough proof, just thought this landlord stuff sounds like something pretty important and since we have this issue, I'd rather ask you here.

thanks a lot


JUST ADDING
my partner is planning to fill taxes with adding me to his form, we have collected shopping bills - once from my credit, other time from his, showing that we do shopping in this area all the time, both of us.
so, I think we have some proof, just asking for advice with landlord issue

 

[Carlaganda23]

Hi all,
I'm collecting evidence that we are common-law partners, and we have one problem with our landlord. I live with my partner since february 2013, i have all my phone bills coming here (ok, email but I have our address there), we just didn't care about putting me on contract. after a while we thought: ok, let's do it also, and we asked our landlord in August 2013 to do it. they are very lazy office, they claim they called us and mailed us, but nothing like this actually happened. we didn't care a lot, we thought it's just a formality and we thought they should care, not us - but now with common-law I know we should call them earlier. we called this February, visited them, gave more papers, and they said: ok, but we can add her (me) from next month, so it's March 2014.
so, formally, according to Canadian law, if I understand correctly, we are common-law since 2013, and having me on contract with landlord is only some second thing? and I should not worry and apply for my common-law sponsorship soon anyway? or should I wait one year longer?

I have other proof: we have joint bank account since July 2013, all my phone bills are addressed here, my family sends me packages to this apartment since I live here. our friends can confirm we live together since I'm in Canada. So I hope we have enough proof, just thought this landlord stuff sounds like something pretty important and since we have this issue, I'd rather ask you here.

thanks a lot


JUST ADDING
my partner is planning to fill taxes with adding me to his form, we have collected shopping bills - once from my credit, other time from his, showing that we do shopping in this area all the time, both of us.
so, I think we have some proof, just asking for advice with landlord issue

Hi ashia,

I applied for Common-Law myself, I think you have to ask for an Affidavit (Statutory Declaration) That you live in the apartment from Feb. 2013 till the present.It should be notarized by a commissioner of oath or in notary public.

You have to have atleast 2 Statutory Declaration from your family,friends,neighbours attested that you moved in from February till present and you have continuing and genuine relationship.

And yes changing from Single to Common Law in the tax purposes helps your application too, so thats a strong piece of document.
Me and my partner hasn't got a joint account but we have a proof that we share our bills since I sent him money in the Interac Money Transfer for our expenses(I printed it off). But we made a Statutory Declaration about the timeline of our relationship (when we first met, when was the defacto relationship happened, present and future plans) me and my partner did that and it was notarised by the commissioner oath.

I am one of the beneficiaries in his will since he has few houses to be divided, cohabitation agreement. We made it since we don't have insurance policies and joint account, credit card. We wanted to show to the Visa Officer that we are very committed and he trusted some of his assets to my name.
I am also a Co- occupant in the house insurance, Co-authorised in the Phone Bill, Proof of the same address and also Proof of shared Finances, Letters from Families and Friends stating about your relationship, emails, facebook messages and photos...

I guess in your case, just asked your landlord about the statutory declaration...goodluck! Hope this one helps

 

[canuck_in_uk]

so, formally, according to Canadian law, if I understand correctly, we are common-law since 2013, and having me on contract with landlord is only some second thing? and I should not worry and apply for my common-law sponsorship soon anyway? or should I wait one year longer?

I have other proof: we have joint bank account since July 2013, all my phone bills are addressed here, my family sends me packages to this apartment since I live here. our friends can confirm we live together since I'm in Canada. So I hope we have enough proof, just thought this landlord stuff sounds like something pretty important and since we have this issue, I'd rather ask you here.

You haven't been common-law since 2013. Even at 364 days of living together, you were still considered single in CIC's eyes. You became common-law after you'd lived together for one year, in Feb 2014.

A lease is good evidence but only when it is combined with other things. Just a lease with both of your names on it doesn't actually prove that you lived together. It's easy to sign a lease while living somewhere else. You need a lot more evidence to truly show that you have been living together. If you have plenty of other evidence at that address since Feb 2013, you should be OK without a lease.

Along with your phone bills, do you have other regular mail or statements dating back to Feb 2013, like bank statements (individual and/or joint), your wage slips or utility bills? What about any other mail at that address (in your name and in both names) from Feb 2013 on? How do you guys pay the rent and the bills? Bank statements showing that you both regularly transfer money to each other or to your joint account to pay the rent and bills is good evidence.

Get plenty of letters from friends and family (including 2 statutory declarations) confirming your relationship is genuine and that you've lived together at that address since Feb 2013. If you've had the same employer since Feb 2013, ask them for a letter confirming your address and how long they've had it on file.

If you still think you don't have enough evidence, you could do as the above poster said and ask the landlord for a Stat Dec confirming how long you've lived there together.

 

[tarina]

and I should not worry and apply for my common-law sponsorship soon anyway? or should I wait one year longer?

Go ahead and apply. And don't stress yourself too much. Send the documents you have. My spouse and I doesn't have any joint account, my name is in contract lease but I never shared a penny to pay the rent. But that doesn't mean we aren't common law. If you have evidence that you are sharing rent that's a good evidence too. Photo copy of your driver's license and your spouse's is a good proof of same address. Think that the CIC is after of genuine relationship and continuing. And that your spouse can support you and won't collect welfare later on. Explain and support your answers honestly in the Spouse questionnaire form. Send lots of pictures, with friends, with relatives, gatherings, etc. You will be fine.

 

[Rob_TO]

my partner is planning to fill taxes with adding me to his form,

Just to be aware, you reached official common-law status in February 2014. So your partner can immediately change his status with CRA to common-law at this time.
HOWEVER when he does 2013 taxes, it must be as SINGLE since you were still officially single status as of Dec 31, 2013.

 

[ashia]

yes, I meant we started our year-to-be common law in Feb 2013, and we ARE CL since this February, sorry


this is confusing though, even if I understand it:

Just to be aware, you reached official common-law status in February 2014. So your partner can immediately change his status with CRA to common-law at this time.
HOWEVER when he does 2013 taxes, it must be as SINGLE since you were still officially single status as of Dec 31, 2013.

please, advise, how to do it to use also taxes as proof. can he fill 2013 as single, and then in online account change to common law and we would print it as some kind of proof?
he doesn't have online account yet, he has to make taxes first (he didn't do it for 2 years, will do it now) and then he will have online account.


I don't have local driving license, I have international one. didn't have money to make one here yet

we have some other evidence, not all from exactly February (such as joint bank account - since July, my phone bills since February I think), he always pays bills for apartment (he has check book, I don't, I use mostly my European credit card, not in use to pay rent, unfortunatelly, but since few months he takes some money from our joint account always before paying rent. we don't pay 50/50 (my income is smaller), but still we can show sharing it - not from February though.

Ok, I will try to talk to landlord about this statement, hope they will agree.
And will try to collect evidences that we live together. not all of them will show this from February (we were not thinking, as many people here, cuz we didn't think we need it), and for sure our families can make statements confirming it as well.

thank you, guys. any further advises - please share.

 

[Rob_TO]

yes, I meant we started our year-to-be common law in Feb 2013, and we ARE CL since this February, sorry


this is confusing though, even if I understand itlease, advise, how to do it to use also taxes as proof. can he fill 2013 as single, and then in online account change to common law and we would print it as some kind of proof?
he doesn't have online account yet, he has to make taxes first (he didn't do it for 2 years, will do it now) and then he will have online account.

Yes he must file taxes as single for 2013, since in 2013 you were not yet officially common-law.
And yes, he can change his status via the CRA online account from single to common-law, and put in the effective date Feb XX, 2014. Then just print this page off as proof.

Other proofs you can include are to get a supplementary credit card in partners name, get some life insurance on each other, or if he works for employer with benefits can change his status to common-law and list you as dependent/beneficiary.

 

[ashia]

ok, thanks.

no employer with benefits, but for sure we will get letters from employer (we work for the same company, pretty niche industry and this is how we met. his employer hired me for my IEC co-op program, he loves us both, as well as his wife and business partners. so we will get some nice papers from them, nothing "formal" however.

credit card - we will try, i'm not sure if we will be able, but it's on the list of things to check.

he doesn't have life insurance, but in my country it's a duty so I have mine, and I put him on it in October, so already done


thanks, and again: if anyone wants to add anything, feel free

 

[Rob_TO]

credit card - we will try, i'm not sure if we will be able, but it's on the list of things to check.

You should definitely be able to do this. Whoever owns the credit card, just call the company and ask for a supplementary or secondary user card. In most cases they don't really care who the 2nd person is, as the responsibility of the card is 100% on the primary account holder. One of my friends a while back actually got a secondary card in his dogs name!

Once you have the supplementary card and use it, you will see both names appearing on 1 bill with common address.

 

[ashia]

You should definitely be able to do this. Whoever owns the credit card, just call the company and ask for a supplementary or secondary user card. In most cases they don't really care who the 2nd person is, as the responsibility of the card is 100% on the primary account holder. One of my friends a while back actually got a secondary card in his dogs name!

Once you have the supplementary card and use it, you will see both names appearing on 1 bill with common address.

hehe, I'm stressed as 99% people here, thanks for this dog information, made us laugh we have two cats, so you know...

 

[ashia]

ha, you were right, we just did it on the phone! and we were thinking about it from such a long time...
thanks!



ok, now landlord... hell yeah...