Question about common-law
Nov 4th 2019, 11:25 pm
#1
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Question about common-law
I moved to Canada from the UK with my partner on open working visas (IEC) in September 2018. We have since been working and living on Canada and are about to apply for PR through the Canadian Experience Class as we will have 1 year experience in NOC Class A and B jobs respectively.
We had planned to fill out separate applications as we didn't think we counted as common-law in Canada but when I was filling out my application I came across this:
A common-law partner is a person of the opposite or same sex with whom you have lived in a marital-type relationship continuously for a minimum of one (1) year and with whom you are not married. Once you have lived together for the first year, temporary separations will not end the relationship.
We have been living together for over a year (and 2 years before that in the UK) and share bills, own a car together etc. Should we be filling out our applications as a common-law application? If so do we need to get this verified by someone?
Also as a side note does anyone know if common-law affects how we are taxed? i.e. combined incomes or something
Thanks in advance for the help
We had planned to fill out separate applications as we didn't think we counted as common-law in Canada but when I was filling out my application I came across this:
A common-law partner is a person of the opposite or same sex with whom you have lived in a marital-type relationship continuously for a minimum of one (1) year and with whom you are not married. Once you have lived together for the first year, temporary separations will not end the relationship.
We have been living together for over a year (and 2 years before that in the UK) and share bills, own a car together etc. Should we be filling out our applications as a common-law application? If so do we need to get this verified by someone?
Also as a side note does anyone know if common-law affects how we are taxed? i.e. combined incomes or something
Thanks in advance for the help
Nov 5th 2019, 1:02 am
#2
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Location: Vancouver BC
Posts: 1,706
Re: Question about common-law
I moved to Canada from the UK with my partner on open working visas (IEC) in September 2018. We have since been working and living on Canada and are about to apply for PR through the Canadian Experience Class as we will have 1 year experience in NOC Class A and B jobs respectively.
We had planned to fill out separate applications as we didn't think we counted as common-law in Canada but when I was filling out my application I came across this:
A common-law partner is a person of the opposite or same sex with whom you have lived in a marital-type relationship continuously for a minimum of one (1) year and with whom you are not married. Once you have lived together for the first year, temporary separations will not end the relationship.
We have been living together for over a year (and 2 years before that in the UK) and share bills, own a car together etc. Should we be filling out our applications as a common-law application? If so do we need to get this verified by someone?
Also as a side note does anyone know if common-law affects how we are taxed? i.e. combined incomes or something
Thanks in advance for the help
We had planned to fill out separate applications as we didn't think we counted as common-law in Canada but when I was filling out my application I came across this:
A common-law partner is a person of the opposite or same sex with whom you have lived in a marital-type relationship continuously for a minimum of one (1) year and with whom you are not married. Once you have lived together for the first year, temporary separations will not end the relationship.
We have been living together for over a year (and 2 years before that in the UK) and share bills, own a car together etc. Should we be filling out our applications as a common-law application? If so do we need to get this verified by someone?
Also as a side note does anyone know if common-law affects how we are taxed? i.e. combined incomes or something
Thanks in advance for the help
for taxes you both still file but in some ways it makes things better, I.e. transfer of RRSP contributions.
Nov 5th 2019, 4:15 pm
#3
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Location: SW Ontario
Posts: 19,879
Re: Question about common-law
I moved to Canada from the UK with my partner on open working visas (IEC) in September 2018. We have since been working and living on Canada and are about to apply for PR through the Canadian Experience Class as we will have 1 year experience in NOC Class A and B jobs respectively.
We had planned to fill out separate applications as we didn't think we counted as common-law in Canada but when I was filling out my application I came across this:
A common-law partner is a person of the opposite or same sex with whom you have lived in a marital-type relationship continuously for a minimum of one (1) year and with whom you are not married. Once you have lived together for the first year, temporary separations will not end the relationship.
We have been living together for over a year (and 2 years before that in the UK) and share bills, own a car together etc. Should we be filling out our applications as a common-law application? If so do we need to get this verified by someone?
Also as a side note does anyone know if common-law affects how we are taxed? i.e. combined incomes or something
Thanks in advance for the help
We had planned to fill out separate applications as we didn't think we counted as common-law in Canada but when I was filling out my application I came across this:
A common-law partner is a person of the opposite or same sex with whom you have lived in a marital-type relationship continuously for a minimum of one (1) year and with whom you are not married. Once you have lived together for the first year, temporary separations will not end the relationship.
We have been living together for over a year (and 2 years before that in the UK) and share bills, own a car together etc. Should we be filling out our applications as a common-law application? If so do we need to get this verified by someone?
Also as a side note does anyone know if common-law affects how we are taxed? i.e. combined incomes or something
Thanks in advance for the help
In fact if you didn't include each other you could be done for misrepresentation!
Taxes are not related to immigration but you should be including each other on your tax returns - another way of showing proof of common law status.
Last edited by Siouxie; Nov 5th 2019 at 4:19 pm.
Nov 5th 2019, 8:36 pm
#4
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Re: Question about common-law
Thanks for the responses, yes I can definitely provide the proof outlined in those documents (we have shared rental agreements and bills in Canada for the last year). Where do I submit all these documents? Do I have to obtain some form of certificate stating that we are common-law before we fill out our CEC applications? I can't seem to find the link for verifying that you are common-law anywhere on cic.gc.ca - only a form for sponsoring your spouse/common-law partner which is for people that already have PR or are a Canadian Citizen.
Nov 6th 2019, 3:05 am
#5
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Location: Vancouver BC
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Re: Question about common-law
Thanks for the responses, yes I can definitely provide the proof outlined in those documents (we have shared rental agreements and bills in Canada for the last year). Where do I submit all these documents? Do I have to obtain some form of certificate stating that we are common-law before we fill out our CEC applications? I can't seem to find the link for verifying that you are common-law anywhere on cic.gc.ca - only a form for sponsoring your spouse/common-law partner which is for people that already have PR or are a Canadian Citizen.
Nov 6th 2019, 3:09 am
#6
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Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Question about common-law
Thanks for the responses, yes I can definitely provide the proof outlined in those documents (we have shared rental agreements and bills in Canada for the last year). Where do I submit all these documents? Do I have to obtain some form of certificate stating that we are common-law before we fill out our CEC applications? I can't seem to find the link for verifying that you are common-law anywhere on cic.gc.ca - only a form for sponsoring your spouse/common-law partner which is for people that already have PR or are a Canadian Citizen.
Evidence of common-law union and cohabitation
Purpose
To validate marital status claims
Document requirements
This documentation is only requested when marital status is listed as common-law.
The applicant must submit a Statutory Declaration of Common-Law Union form [IMM 5409 (PDF, 636.51KB)] and evidence of cohabitation for a period of at least 12 continuous months.
Evidence of cohabitation includes but is not limited to
copies of joint bank account statements;
copies of leases;
utility bills.
Individuals who must submit this documentation
The principal applicant
Nov 6th 2019, 5:56 am
#7
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Re: Question about common-law
Awesome thank you both!
