When does a common-law relationship begin?

[DeanN]

Hi all,

One thing that I'm not entirely certain about when it comes to my sponsorship application is: what is the date on which a common-law relationship technically begins?

Two of the forms for my Outland application (1344 - Application to Sponsor and 5409 - Declaration of Common Law) ask how long me and my partner have been in a common law relationship.

Our situation is that my girlfriend moved in with me on October 1st 2013 (she was added to the lease on the property on 1st January 2014), so I've thus far been thinking that the correct answer on the forms should be 01/10/2013. However I saw somewhere on this forum a suggestion that the actual date we would have 'achieved' common-law status, at least in the eyes of CIC, is after one year of continuous cohabitation, i.e. 01/10/2014.

So, does anybody know which is the right answer to put on the forms?

Many thanks in advance,

Dean.

 

[zardoz]

Hi all,

One thing that I'm not entirely certain about when it comes to my sponsorship application is: what is the date on which a common-law relationship technically begins?

Two of the forms for my Outland application (1344 - Application to Sponsor and 5409 - Declaration of Common Law) ask how long me and my partner have been in a common law relationship.

Our situation is that my girlfriend moved in with me on October 1st 2013 (she was added to the lease on the property on 1st January 2014), so I've thus far been thinking that the correct answer on the forms should be 01/10/2013. However I saw somewhere on this forum a suggestion that the actual date we would have 'achieved' common-law status, at least in the eyes of CIC, is after one year of continuous cohabitation, i.e. 01/10/2014.

So, does anybody know which is the right answer to put on the forms?

Many thanks in advance,

Dean.

It starts on the first anniversary of living together. Prior to that you are considered to be just dating. So, 01/10/2014 is c
correct.

 

[TANMEX]

It starts on the first anniversary of living together. Prior to that you are considered to be just dating. So, 01/10/2014 is c
correct.

Nope , it's starts the 1st day you moved in Together .

 

[canuck_in_uk]

Nope , it's starts the 1st day you moved in Together .

Wrong. A couple becomes common-law one year after cohabiting. For the first year, their legal marital status is single.

 

[Rob_TO]

Nope , it's starts the 1st day you moved in Together .

100% wrong. CIC instruction guide even states this:
http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp
Question 8
Indicate your current marital status:
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./

Same reasoning as you can't show the date you got married as the date you get engaged. The date is when your martial status officially changes.

 

[hyper]

Hi all,

One thing that I'm not entirely certain about when it comes to my sponsorship application is: what is the date on which a common-law relationship technically begins?

Two of the forms for my Outland application (1344 - Application to Sponsor and 5409 - Declaration of Common Law) ask how long me and my partner have been in a common law relationship.

Our situation is that my girlfriend moved in with me on October 1st 2013 (she was added to the lease on the property on 1st January 2014), so I've thus far been thinking that the correct answer on the forms should be 01/10/2013. However I saw somewhere on this forum a suggestion that the actual date we would have 'achieved' common-law status, at least in the eyes of CIC, is after one year of continuous cohabitation, i.e. 01/10/2014.

So, does anybody know which is the right answer to put on the forms?

Many thanks in advance,

Dean.

Its one year after living together.. That's what I filled in my form and so far it went well with me.. I have gotten SA and CIC has not asked me for anything so far

 

[Aquakitty]

Not this again You know, I don't think CIC even has this information in their knowledge base. It's in the Sponsorship Guide IMM 3900 however:

Note: This is the date your status officially changed from being single to common-law, not the date you started living together.


http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

 

[JamesBox]

We put the date 12 months from the day we moved in together (As mentioned above and how the application guide explains) but we had an agent call us and explain that was in fact incorrect, and it should be the date we moved in together.

We knew she was wrong and we were correct, but didn't want to male enemies so did as she asked and wrote a letter explaining. Worded it in a way so if if any other agent reads it they know we were following the guide and we are only sending the letter as we were told to.

So basically, do it right and it could still come back! Got to love CIC!

 

[screech339]

We put the date 12 months from the day we moved in together (As mentioned above and how the application guide explains) but we had an agent call us and explain that was in fact incorrect, and it should be the date we moved in together.

We knew she was wrong and we were correct, but didn't want to male enemies so did as she asked and wrote a letter explaining. Worded it in a way so if if any other agent reads it they know we were following the guide and we are only sending the letter as we were told to.

So basically, do it right and it could still come back! Got to love CIC!

Remember to use date the day after your 1 year anniversary.

 

[canadianwoman]

One thing that I'm not entirely certain about when it comes to my sponsorship application is: what is the date on which a common-law relationship technically begins?

Two of the forms for my Outland application (1344 - Application to Sponsor and 5409 - Declaration of Common Law) ask how long me and my partner have been in a common law relationship.

Our situation is that my girlfriend moved in with me on October 1st 2013 (she was added to the lease on the property on 1st January 2014), so I've thus far been thinking that the correct answer on the forms should be 01/10/2013. However I saw somewhere on this forum a suggestion that the actual date we would have 'achieved' common-law status, at least in the eyes of CIC, is after one year of continuous cohabitation, i.e. 01/10/2014.

It is the date one year after you moved in together. However, as one poster above noted, even the visa officers can be confused about this. Make sure you have clear proof you have been living together for a year, in which case the visa officer, even if wrong, is not going to send back your application.

However, this is just for IMM 1344. For the Statutory Declaration of Common-Law Status IMM 5409, they are actually asking for the day you moved in together, so for that form only you should put that date. If you put the date one year after you moved in together on IMM 5409, the form will then not make any sense.

 

[Aquakitty]

It is the date one year after you moved in together. However, as one poster above noted, even the visa officers can be confused about this. Make sure you have clear proof you have been living together for a year, in which case the visa officer, even if wrong, is not going to send back your application.

However, this is just for IMM 1344. For the Statutory Declaration of Common-Law Status IMM 5409, they are actually asking for the day you moved in together, so for that form only you should put that date. If you put the date one year after you moved in together on IMM 5409, the form will then not make any sense.

Yes good point. It's easy to get them mixed up. Maybe the visa officer did as well .

 

[DeanN]

Thanks to everyone for your answers to my question, they have been very helpful.