Was I in a common law relationship?

[Huron]

Some of the Family class spouse forms ask….

“Have you previously been married or in a common-law relationship?” and I am unsure how to answer.

I am currently married and am applying to sponsor my spouse and have not been married before.

Over 10 years ago I lived with someone (outside of Canada) for a few years and we were more than roommates (had sex) but our finances we not mingled nor did we have any type of civil union /partnership or domestic partnership or anything official. We did not own property (home, land, vehicles, or furnishing) together and had no accounts in common.

We were seen social together.

Was I in a common law relationship?

Sorry if this has been asked before... I looked but could not find the answer.....

 

[Silver_Spirit]

Sounds like it's up to you really, if you say it was common law though, it will probably complicate things even further. Easier to look at it as friends with benifits! (sorry to be so crude, but really it is)

 

[waitingintz]

Huron

I believe a common-law relationship is actually something you have to choose to be in - it is not a default title just because you live with someone you are in a relationship with. Unless you filed taxes or claimed any other benefits as common-law partners at that time you wouldn't be considered common-law.

 

[boasorte]

Nope you weren't in a common law relationship. You should not state you were because if you do so you will have to provide documentation proving you have broken up with your then partner.

 

[BeShoo]

It sounds to me that you really weren't in a common law relationship. You were just having sex with your roommate (possibly more a boyfriend/girlfriend thing if anything). It's a little tricky because shared bank accounts and possessions aren't mandatory in a marriage or partnership. A common law partnership requires "the expectation each day that there will be continued mutual dependency," and we can't tell that from your description. You have to regard yourselves as a common law couple and present yourselves to others as a common law couple. Boyfriends and girlfriends can attend social events but that doesn't make them common law unless they are mutually dependent and intend to remain mutually dependent. If you were living independently from each other (even under the same roof), you probably weren't a common law couple.

More criteria here: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357760#msg357760

 

[Siouxie]

You should read the manual: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf sections 5:25 and 5:26

In the M. v. H. decision, the Supreme Court adopts the list of factors that must be considered in
determining whether any two individuals are actually in a conjugal relationship from the decision of
the Ontario Court of Appeal in Moldowich v. Penttinen. They include:

• shared shelter (e.g., sleeping arrangements);
• sexual and personal behaviour (e.g., fidelity, commitment, feelings towards each other);
• services (e.g., conduct and habit with respect to the sharing of household chores)
• social activities (e.g., their attitude and conduct as a couple in the community and with their
families);
• economic support (e.g., financial arrangements, ownership of property);
• children (e.g., attitude and conduct concerning children)
• the societal perception of the two as a couple.

From the language used by the Supreme Court throughout M. v. H., it is clear that a conjugal
relationship is one of some permanence, where individuals are interdependent – financially,
socially, emotionally, and physically – where they share household and related responsibilities,
and where they have made a serious commitment to one another.

NB. Conjugal is a marriage, marriage like or common-law relationship.

From that criteria I would say you were in a Common-law relationship, you did say that you were living together for "a few years". Anyone living with, having sex with, being regarded as a couple by others, sharing financial responsibilities (rent/utilites) etc for a period of more than 12 months would be regarded as common law. Bear in mind, others are trying to prove they are "common law" which is why they give all the supporting evidence (wills, mortgage, insurance etc) but that isn't what defines a common law relationship - it's just proof of it.

Whether you declare that or not is up to you...