Proof of ending previous common-law relationship

[baffiee]

Hello, folks!

Here is the thing:
my husband (sponsor) was previously in a common-law relationship. It wasn't declared. In the sponsor's checklist it says to provide a proof of breaking off the relationship. He never had a paper like a Declaration of severance of common-law relationship.

Should he write an explanation on a separate sheet of paper why he is not in possession of such document?

Thanx!

 

[Alurra71]

I am assuming that you are legally married on paper. If this is the case I doubt they would require a notice of separation to prove he is no longer in a common law relationship. If you are concerned they may question it he can attach a separate piece of paper outlining the previous relationship and when it ended. If they want more, by way of a letter officially declaring it was ended, he only need write something up stating who he was in this relationship with and when it ended then have it notarized.

 

[baffiee]

I am assuming that you are legally married on paper. If this is the case I doubt they would require a notice of separation to prove he is no longer in a common law relationship. If you are concerned they may question it he can attach a separate piece of paper outlining the previous relationship and when it ended. If they want more, by way of a letter officially declaring it was ended, he only need write something up stating who he was in this relationship with and when it ended then have it notarized.

Thank you!
We will try to figure it out!

 

[Christoph100]

Even tho you are legally married if it is in the checklist about proof of severance you really should supply it.

All that is needed is a written paper stating when the common law relationship officially ended. It should be signed by both parties. Get 3 or 4 of them done signed and dated original by both.

As for more proof of severance of the common law relationship you spouse could use his federal tax forms/tax credits or provincial tax documents showing your husband after the separation that they were indeed separated. As martial status on the tax forms will show your spouse as single after the time of separation. Tax forms will only show proper marital status after one year of separation.

I supplied CIC exactly the above with the application for my wife. Good thing I had more original copies of severance of common law and copies of the tax forms, The over seas VO asked for the same documents that were originally submitted to Mississauga.

Chris

 

[baffiee]

Even tho you are legally married if it is in the checklist about proof of severance you really should supply it.

All that is needed is a written paper stating when the common law relationship officially ended. It should be signed by both parties. Get 3 or 4 of them done signed and dated original by both.

As for more proof of severance of the common law relationship you spouse could use his federal tax forms/tax credits or provincial tax documents showing your husband after the separation that they were indeed separated. As martial status on the tax forms will show your spouse as single after the time of separation. Tax forms will only show proper marital status after one year of separation.

I supplied CIC exactly the above with the application for my wife. Good thing I had more original copies of severance of common law and copies of the tax forms, The over seas VO asked for the same documents that were originally submitted to Mississauga.

Chris

He's gotta do it although they have never declared their common-law union officially?

Ok, so just a written paper signed, dated by both?? No notary or any official necessary to witness and put a stamp and sign??

 

[Christoph100]

He's gotta do it although they have never declared their common-law union officially?

Ok, so just a written paper signed, dated by both?? No notary or any official necessary to witness and put a stamp and sign??

Did they live together?
Did your husband ever have his taxes filed as "Common Law" when he filed or she filed?

If you look at the sponsors forms you will see on it previous relationship when it ended even asks the current address of the separated spouse.

Yes should be sufficient just a paper stating the severance date and signed by both of course printed and signed. If you like it could be witnessed and or notarized but I really do not think it would be needed. Get more then one originally signed paper done. Always good to keep in your husbands files.

Chris

 

[baffiee]

Did they live together?
Did your husband ever have his taxes filed as "Common Law" when he filed or she filed?

If you look at the sponsors forms you will see on it previous relationship when it ended even asks the current address of the separated spouse.

Yes should be sufficient just a paper stating the severance date and signed by both of course printed and signed. If you like it could be witnessed and or notarized but I really do not think it would be needed. Get more then one originally signed paper done. Always good to keep in your husbands files.

Chris

They lived together for 13 years and had a kid. I don't think they filed their taxes as Common-Law but I will double check that.
I got all the dates (from-to) of their relationship and her current address. At least that is covered.

Thank you a lot!

 

[Christoph100]

They lived together for 13 years and had a kid. I don't think they filed their taxes as Common-Law but I will double check that.
I got all the dates (from-to) of their relationship and her current address. At least that is covered.

Thank you a lot!

Lived together 13yrs and had I child, Chances are very good that Taxes were filed as Common Law, As they were a family. There marital status at that time would have had to been correct in order to file taxes get refunds and or tax credits.

 

[baffiee]

Lived together 13yrs and had I child, Chances are very good that Taxes were filed as Common Law, As they were a family. There marital status at that time would have had to been correct in order to file taxes get refunds and or tax credits.

Should we get that tax reference now or only in case CIC instructs us to do so?

 

[Christoph100]

Should we get that tax reference now or only in case CIC instructs us to do so?

If the tax papers after the separation could be found,clearly showing your husbands martial status as single before marrying yourself, it would be best in my opinion to make copies of those documents and have them sent along with the application. Do not send the original copies of tax forms.

 

[baffiee]

If the tax papers after the separation could be found,clearly showing your husbands martial status as single before marrying yourself, it would be best in my opinion to make copies of those documents and have them sent along with the application. Do not send the original copies of tax forms.

I guess that really would be better. It is just he lives in different province now (I don't know if it makes any difference) but the main issue would be that I think the last time he did his taxes was in 2013.
Just remembered - we had a Declaration of a common-law union!!! Would that help?

 

[Christoph100]

I guess that really would be better. It is just he lives in different province now (I don't know if it makes any difference) but the main issue would be that I think the last time he did his taxes was in 2013.
Just remembered - we had a Declaration of a common-law union!!! Would that help?

Declaration of common law... are you not legally married?

It is the proof of severance of the previous union of your husband that CIC would be asking for.

I am married legally to my wife however CIC still requested proof of severance from my previous common law

 

[baffiee]

Declaration of common law... are you not legally married?

It is the proof of severance of the previous union of your husband that CIC would be asking for.

I am married legally to my wife however CIC still requested proof of severance from my previous common law

sorry! didn't want to mislead you!
We are married. It is just we were officially common-law before that. Wondering if we would need to provide that too (the declaration of common-law).

Well I think that won't be a problem to get the paper of the severance of previous relationship. Hopefully that will be enough. Not sure if we can get that tax paper.

Anyways.. Thank you a lot!

 

[Christoph100]

sorry! didn't want to mislead you!
We are married. It is just we were officially common-law before that. Wondering if we would need to provide that too (the declaration of common-law).

I don't think you would have to supply that declaration as you are now currently married.

 

[baffiee]

I don't think you would have to supply that declaration as you are now currently married.

Sorry, forgot to ask you one thing.. Do I need to send a notarized photocopy of the Declaration of Severance of common-law relationship to CIC? Or just a regular photocopy?

Thank you soooo much!