weak proof of cohabitation for common-law pr?

[Cross Border Couple]

Hello all,

Me and my Canadian boyfriend have lived together for as long as my visa would allow. We were not married so I did not see the point in adding my name to the lease on his apartment. I did not pay for rent/bills ect. My boyfriend paid for all expenses and utility bills during my stay in Canada. Each time, I would arrive at the airport, the cbsa would question me on how I would support myself in canada and I would explain to them that I was staying with my boyfriend and he would take care of me. They would then call him on his mobile to confirm this information and were happy to admit me. I have always listed myself as staying at his residence for the duration of my time in canada. The last time I was in canada, I did overstay for 15 months. I had been in canada for 6 months and extended my temporary residence permit (then they sent me back a temporary residence permit which was for another year) After this year passed, I ended up overstaying a total of 15 months. I know huggggggge mistake on my part. So, without any official lease agreements and utility bills in my name listed as staying at the same address, what chance do i have of actually proving to cic that me and boyfriend lived together continuously? As I previously said, i have it listed on their airport system that I was staying with him and he was my sole provider.

On a lighter note, I have lots of text messages on my phone showing our conversations such as "On my way home, see you soon" and "Dinner is in the oven"

 

[Ponga]

Well, It's going to be difficult for you to prove (or at the very least, convince) to the visa officer that you qualify to apply as a common-law partner to your Canadian boyfriend. This, as I'm sure you know, is the most important `piece' to the puzzle.

One option would be to contact the landlord where you were living and ask if they would be willing to write a short letter confirming your tenancy there, including the dates. This letter would need to be notarized. You could also ask your neighbours to write letters as well. It's not nearly as good as having a joint lease, or rental agreement, but it's better than nothing.

Unfortunately, text messages will have no credence in regards to you proving your cohabitation.

At this point, I'd be surprised if you are able to in fact convince them.

Good luck!

 

[Cross Border Couple]

My boyfriend owns his apartment so there is no other landlord. There is a concierge however that is familiar with the both of us living together.

Also, I dont know if this helps but years ago in 2006 my boyfriend filed his taxes as living with me. Would this have any significance?

 

[scylla]

My boyfriend owns his apartment so there is no other landlord. There is a concierge however that is familiar with the both of us living together.

Also, I dont know if this helps but years ago in 2006 my boyfriend filed his taxes as living with me. Would this have any significance?

Were all of his tax returns since 2006 filed listing you as common law? If so, then this should help. If it was just 2006 - then unfortunately that won't carry any significance.

 

[brucem]

Sorry if its a slightly personal question but didnt you get bored if you weren't able to work and were really relying on your boyfriend for all support? Its not a jibe as each to their own but I'm always curious when I hear these overstay stories as it feels like such a vulnerable position to put yourself in, relying solely on one person to support you when you have no status if things go wrong.

 

[Cross Border Couple]

Im not entirely sure how many years he filed his taxes as the both of us living together. At most, 2 years. After that, I moved back to the uk and started working at the bank after 2007

On the subject of "being bored" Funny enough, I was not. I took great pride in being a "house-wife" and found many creative abilities such as learning how to cook food I was passionate about and writing. I wrote a book all about my journey. I understand your point though. I was frustrated at times feeling as though I was in a stationary position but it only served to deeply motivate me into finding the direction I wanted in life.

Thank you all, for your input

 

[MantisToboggan]

We had a somewhat similar situation in that I had already leased my apartment when my GF moved in. When we went to add her to the lease they wanted to charge an application fee so we said screw it since we intended to move anyways.

Instead, I sent our car insurance policies, because we were insured under the same policy at the same address for quite awhile and our insurance even listed us as partners (unusual in California). Maybe you have something of that nature that you could use to help your case?

 

[Rob_TO]

Im not entirely sure how many years he filed his taxes as the both of us living together. At most, 2 years. After that, I moved back to the uk and started working at the bank after 2007

Filing taxes as common-law is incredibly important to your PR application.

You don't file taxes as "living together". You file taxes either as SINGLE or COMMON-LAW. The rule is, in the year you reach 12 months of continuous cohabitation the Canadian MUST file taxes as COMMON-LAW.

Also you are still common-law even if you then move apart, as long as the relationship continues. So if you remained a couple after first establishing common-law status back in 2006, then technically he should have been doing his taxes as common-law each and every year since 2006.

If you are planning to submit a PR app, I would check that he has done his taxes correctly at least over the last couple of years. Especially for last year, as if you are claiming to be common-law but his Option C tax summary shows he filed taxes as SINGLE, that could be a big problem.

Also to the CRA it is considered tax fraud if you don't file as common-law when you're supposed to.

 

[brucem]

Im not entirely sure how many years he filed his taxes as the both of us living together. At most, 2 years. After that, I moved back to the uk and started working at the bank after 2007

On the subject of "being bored" Funny enough, I was not. I took great pride in being a "house-wife" and found many creative abilities such as learning how to cook food I was passionate about and writing. I wrote a book all about my journey. I understand your point though. I was frustrated at times feeling as though I was in a stationary position but it only served to deeply motivate me into finding the direction I wanted in life.

Thank you all, for your input

Good to hear, as I said I was just curious, I know everyone has their reasons and sometimes you need time to point yourself in the right direction. Best of luck with the application though!

 

[Cross Border Couple]

thank you everyone for your advice and suggestions Best of luck to you all