Question about proof of the relationship for common-law

[Kalai7691]

Hi everyone,

My boyfriend and I have been living together since September 2022. In September 2023, we met one of the requirements for applying for common-law sponsorship (with my boyfriend as the sponsor), and I'm gathering all the necessary documents to proceed with the application. However, we've encountered an issue: I forgot to update my marital status to 'common-law' on my tax return for 2024; I still filed it as 'single' (my boyfriend hasn't filed his tax return yet). I'm aware that changing it now might result in a penalty, but I'm more concerned about:

1. If I call the CRA and update my marital status now, will we still meet the IRCC's requirement of living together for one year from their perspective? I'm not sure if this will be an issue for the IRCC. (I have other required documents to prove our relationship.)

2. In terms of declaring our common-law relationship, aside from the requirements of the IMM5589 form, do we need to have it notarized (our common-law relationship)? I've seen others do it, but I'm unsure if we should as well.

I would greatly appreciate any help with this.

 

[Ponga]

Hi everyone,

My boyfriend and I have been living together since September 2022. In September 2023, we met one of the requirements for applying for common-law sponsorship (with my boyfriend as the sponsor), and I'm gathering all the necessary documents to proceed with the application. However, we've encountered an issue: I forgot to update my marital status to 'common-law' on my tax return for 2024; I still filed it as 'single' (my boyfriend hasn't filed his tax return yet). I'm aware that changing it now might result in a penalty, but I'm more concerned about:

1. If I call the CRA and update my marital status now, will we still meet the IRCC's requirement of living together for one year from their perspective? I'm not sure if this will be an issue for the IRCC. (I have other required documents to prove our relationship.)

2. In terms of declaring our common-law relationship, aside from the requirements of the IMM5589 form, do we need to have it notarized (our common-law relationship)? I've seen others do it, but I'm unsure if we should as well.

I would greatly appreciate any help with this.

How did your boyfriend obtain his PR status (or is he a Canadian citizen)?

Firstly, stop referring to your boyfriend as your boyfriend. You are now common-law partners, right?

1. What matters most, in terms of a spousal sponsorship application, is whether or not IRCC determines that you have met the requirement to be deemed common-law, which you have. You definitely want to correct the mistake with CRA.

2. It can only help to prove your relationship, so I would include it IF you don't have other, solid evidence (i.e. signed lease or rental agreement, joint accounts, etc.)

 

[Kalai7691]

How did your boyfriend obtain his PR status (or is he a Canadian citizen)?

Firstly, stop referring to your boyfriend as your boyfriend. You are now common-law partners, right?

1. What matters most, in terms of a spousal sponsorship application, is whether or not IRCC determines that you have met the requirement to be deemed common-law, which you have. You definitely want to correct the mistake with CRA.

2. It can only help to prove your relationship, so I would include it IF you don't have other, solid evidence (i.e. signed lease or rental agreement, joint accounts, etc.)

Thank you so much for the answer, and yes you are right I should stop referring him as my boyfriend He is a Canadian citizen.
I will definitely change it with CRA, I just worry that the timing of me changing it will be something that IRCC frown upon

 

[oyg567]

We've filed tax returns as singles, and it was no problem to get the approval of eligibility!