+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

question on the date entering common-law relationship

kate137

Full Member
Dec 13, 2015
25
0
hello folks,

my common-law partner is filling out one of the forms that asks the date we entered into common-law relationship, and we were not sure which date we should fill:
1) The date we moved in together?
or
2) The date when we've been living together for one year?
or
3) The date we signed on the statutory declaration of common-law union?

Thank you!
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
From the guide: http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp#3900E4

Enter the date (year, month, day) you were married or you entered into your current common-law relationship.
Note: This is the date your status officially changed from being single to common-law, not the date you started living together.



Also the "stat declaration of common-law" form is not a required document. You are common-law after 12 months for immigration and CRA tax purposes, whether you fill out that declaration or not.
 

TracyCa64

Hero Member
Aug 28, 2014
693
28
Ontario
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
Oct 2, 2015
Doc's Request.
Form IMM5409 requested Feb 20, 2016
AOR Received.
Nov 25, 2015
File Transfer...
SA- Dec 10, 2015 ** DM- March 14, 2016
Med's Request
Upfront
Med's Done....
Sept 9, 2015
VISA ISSUED...
COPR Rec'd March 18, 2016
LANDED..........
April 16, 2016
kate137 said:
hello folks,

my common-law partner is filling out one of the forms that asks the date we entered into common-law relationship, and we were not sure which date we should fill:
1) The date we moved in together?
or
2) The date when we've been living together for one year?
or
3) The date we signed on the statutory declaration of common-law union?

Thank you!
I was told to put the day after the one year mark. So we started living together on April 27, 2014, I put my common law date as April 28, 2015. I hope that was right.
 

krishnalynn

Hero Member
May 15, 2015
251
9
Calgary, AB
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
02-11-2015
AOR Received.
23-12-2015
File Transfer...
08-01-2016
Med's Request
Upfront
Med's Done....
16-10-2015
Passport Req..
DM: 15-04-2016
Rob_TO said:
Also the "stat declaration of common-law" form is not a required document. You are common-law after 12 months for immigration and CRA tax purposes, whether you fill out that declaration or not.
Just going to add that although it's not required, people on this forum have been having it requested later on which delays the process a bit. Probably a good idea for OP to do it anyway. But yeah, it has nothing to do with your actual common-law status as far as dates go.
 

TANMEX

Hero Member
Dec 14, 2015
758
26
Category........
Visa Office......
Mexico
Job Offer........
Pre-Assessed..
krishnalynn said:
Just going to add that although it's not required, people on this forum have been having it requested later on which delays the process a bit. Probably a good idea for OP to do it anyway. But yeah, it has nothing to do with your actual common-law status as far as dates go.
I think you should enter the date your moved in Together , because CIC will want to make sure you lived together for one Year . you are eligible to apply as common-law if you lived together for at least one Year , CIC will want to see proof of the that one year not the time afterward .

Unless I'm wrong of course
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
TANMEX said:
I think you should enter the date your moved in Together , because CIC will want to make sure you lived together for one Year . you are eligible to apply as common-law if you lived together for at least one Year , CIC will want to see proof of the that one year not the time afterward .

Unless I'm wrong of course
You are 100% wrong. See the specific instructions CIC directly states in the guide: "This is the date your status officially changed from being single to common-law, not the date you started living together."
 

kangamoose

Hero Member
Jul 13, 2015
361
17
Category........
Visa Office......
Sydney
Job Offer........
Pre-Assessed..
App. Filed.......
03/08/2015
AOR Received.
02/09/2015
File Transfer...
AOR2 06/10/2015
Med's Request
Upfront
Med's Done....
11/07/2015
Passport Req..
DM 10/02/2016 Passport Copy Request 11/02/2016
LANDED..........
03/03/2016
We put the date we moved in together as the date entered into common law, wasn't until later that we realised it was wrong. It is however a consistent mistake we have made as all of my visa applications and visitor extensions have the same date listed. I don't really think its a big issue, we've been living together almost five years and have plenty of evidence of that. I'm sure its a common mistake people make.
 

km9203

Hero Member
Aug 9, 2015
670
101
Med's Done....
Sent with app
kangamoose said:
We put the date we moved in together as the date entered into common law, wasn't until later that we realised it was wrong. It is however a consistent mistake we have made as all of my visa applications and visitor extensions have the same date listed. I don't really think its a big issue, we've been living together almost five years and have plenty of evidence of that. I'm sure its a common mistake people make.
We did this too but only entered the wrong date on 'when did you become common-law' question. Should we contact CIC? The rest of the dates in the app are correct.
 

doukson2002

Newbie
Dec 28, 2018
9
0
We put the date we moved in together as the date entered into common law, wasn't until later that we realised it was wrong. It is however a consistent mistake we have made as all of my visa applications and visitor extensions have the same date listed. I don't really think its a big issue, we've been living together almost five years and have plenty of evidence of that. I'm sure its a common mistake people make.
Hi Kangamoose, sorry to disturb, are you saying you sponsorship wasn't hampered by putting the date you moved in together rather than a year + after? I just recently sent my sponsorship application and realized I have done the same so am panicking a bit. Thanks for getting back to me if possible
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
Hi Kangamoose, sorry to disturb, are you saying you sponsorship wasn't hampered by putting the date you moved in together rather than a year + after? I just recently sent my sponsorship application and realized I have done the same so am panicking a bit. Thanks for getting back to me if possible
Don't panic. IRCC generally doesn't take issue with this mistake.
 
  • Like
Reactions: Aiesline

doukson2002

Newbie
Dec 28, 2018
9
0
Thx Canuck I really appreciate it.
Another question if you do not mind and can please spare the time:
  • when I first applied through express entry for my PR from South Africa, I had not moved in with my girlfriend, we have no kids and we were still platonic at this stage. I had hence not mentioned her in my application
  • when I received my pr letter, we were still not living together and only by the time I went to Canada when my immigrant visa was about to expire to get my PR and SN, we had been living together for about 4 months. I hence went to Canada for 10 days, got my SN and PR confirmed and went back to South Africa to live with my girlfriend so we could have at least a year of cohabitation under our belt.
In summary my timeline looks something like a PR application as Single;PR confirmation and SN retrieval in the midst of a 4 months cohabitation.
I have since come back to Canada a couple of weeks ago as myself and partner have lived together since January 15th 2017, and that is the date I put as the" date you entered into common-law relationship" for the sponsorship application I just sent. Do you foresee any problems with the case I just described?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
Thx Canuck I really appreciate it.
Another question if you do not mind and can please spare the time:
  • when I first applied through express entry for my PR from South Africa, I had not moved in with my girlfriend, we have no kids and we were still platonic at this stage. I had hence not mentioned her in my application
  • when I received my pr letter, we were still not living together and only by the time I went to Canada when my immigrant visa was about to expire to get my PR and SN, we had been living together for about 4 months. I hence went to Canada for 10 days, got my SN and PR confirmed and went back to South Africa to live with my girlfriend so we could have at least a year of cohabitation under our belt.
In summary my timeline looks something like a PR application as Single;PR confirmation and SN retrieval in the midst of a 4 months cohabitation.
I have since come back to Canada a couple of weeks ago as myself and partner have lived together since January 15th 2017, and that is the date I put as the" date you entered into common-law relationship" for the sponsorship application I just sent. Do you foresee any problems with the case I just described?
That may result in some questioning in regards to your marital status when you landed but it may not be noticed.