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Should I add Common law partner to application before 12 months of cohabitation?

TorontoFancy

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Dec 28, 2022
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My partner and I are confused about something in the common law interpretation by IRCC.

My partner and I came here on a work permit (independently), worked for a couple of years and applied for PR last year (around the same time). A couple of months after we both applied for PR, we met each other and started dating.

Eventually, we decided to live with each other about two months after meeting each other (rushed, I know, we did it because of the crazy high rent in Toronto), and got an apartment together.

i remembered reading in an email I was sent after applying PR about updating IRCC about any change to circumstances, and was thinking about sending IRCC a webform saying that we are common law now. After reading through the relevant websites, I noticed that I need to cohabit with my partner for 12 months to be considered common law. Since I just moved in with her, I figured that doesn’t apply to us yet.

I decided to send them the web form one year after living together. But, as luck would have it, we both received our PRs pretty much within two months of moving together.

I was talking to someone recently and they said that I should’ve told IRCC that we are common law pretty much right after we moved in with each other. I was concerned hearing that, so I searched IRCCs websites again, but could not find information about informing them immediately after moving together as a couple (before cohabiting for 12 months). I did see that IRCC need to be informed about marriage immediately, but we are not married.

When we both applied for our PRs we didn’t even know each other, and even if you include the time we have known each other (before cohabiting) we been a couple for only about 3-4 months which is well below the 12 month period for common law.

Now I am super concerned that I might have missed some side note in immigration law. Could someone here elaborate on this?
 

scylla

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My partner and I are confused about something in the common law interpretation by IRCC.

My partner and I came here on a work permit (independently), worked for a couple of years and applied for PR last year (around the same time). A couple of months after we both applied for PR, we met each other and started dating.

Eventually, we decided to live with each other about two months after meeting each other (rushed, I know, we did it because of the crazy high rent in Toronto), and got an apartment together.

i remembered reading in an email I was sent after applying PR about updating IRCC about any change to circumstances, and was thinking about sending IRCC a webform saying that we are common law now. After reading through the relevant websites, I noticed that I need to cohabit with my partner for 12 months to be considered common law. Since I just moved in with her, I figured that doesn’t apply to us yet.

I decided to send them the web form one year after living together. But, as luck would have it, we both received our PRs pretty much within two months of moving together.

I was talking to someone recently and they said that I should’ve told IRCC that we are common law pretty much right after we moved in with each other. I was concerned hearing that, so I searched IRCCs websites again, but could not find information about informing them immediately after moving together as a couple (before cohabiting for 12 months). I did see that IRCC need to be informed about marriage immediately, but we are not married.

When we both applied for our PRs we didn’t even know each other, and even if you include the time we have known each other (before cohabiting) we been a couple for only about 3-4 months which is well below the 12 month period for common law.

Now I am super concerned that I might have missed some side note in immigration law. Could someone here elaborate on this?
You are only common law after living together for 12 months continuously.
 

Ponga

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Oct 22, 2013
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My partner and I are confused about something in the common law interpretation by IRCC.



I was talking to someone recently and they said that I should’ve told IRCC that we are common law pretty much right after we moved in with each other.
Terribly bad advice from whomever told you that.

As mentioned by @scylla you are only deemed to be common-law after cohabiting together for 365 days. Up to and including the 364th day of living together, you are NOT yet deemed to be a common-law couple by IRCC.
 
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