Living with parents - acceptable evidence for 12 months of cohabitation?

[alissanb]

Hello,

I am currently in Canada on an IEC working holiday visa which I activated on August 6th 2018. Since that date, I have been living with my partner, which means we are 7 months towards 1 year of continuous cohabitation, after which my partner and I intend to begin the common law sponsorship route for my permanent residency.

My partner and I have been living with his parents home in their basement suite and they have been very generous in allowing me and my partner to stay there for free whilst he looks for full time employment (he graduated last year and has done some seasonal work since then). This means we haven't drawn up a lease agreement.

My question is, would a notarised affidavit written and signed by his parents be an acceptable form of evidence in the eyes of CIC to go towards proving we have been living together? Have other couples submitted this kind of evidence and been successful or is it a strict requirement to show either a lease agreement or joined ownership property? I can imagine other couples exist who don't have a lease agreement or own a property but still live together.

Just to mention, we will have other forms of evidence to put towards proving the cohabitation, such as letters to same address, joint bank account, joint credit card statements etc. I am employed and have life and health insurance benefits and have put my partner's name on them. We will also have a lot of proof to show our relationship is genuine. So not worried about that aspect.

Thank you!

 

[smallcoffee]

Lease is not mandatory. A single document cannot prove common-law.
IRCC will look at all the proofs and based on what you wrote, it should be OK.

 

[Hurlabrick]

Hello,

I am currently in Canada on an IEC working holiday visa which I activated on August 6th 2018. Since that date, I have been living with my partner, which means we are 7 months towards 1 year of continuous cohabitation, after which my partner and I intend to begin the common law sponsorship route for my permanent residency.

My partner and I have been living with his parents home in their basement suite and they have been very generous in allowing me and my partner to stay there for free whilst he looks for full time employment (he graduated last year and has done some seasonal work since then). This means we haven't drawn up a lease agreement.

My question is, would a notarised affidavit written and signed by his parents be an acceptable form of evidence in the eyes of CIC to go towards proving we have been living together? Have other couples submitted this kind of evidence and been successful or is it a strict requirement to show either a lease agreement or joined ownership property? I can imagine other couples exist who don't have a lease agreement or own a property but still live together.

Just to mention, we will have other forms of evidence to put towards proving the cohabitation, such as letters to same address, joint bank account, joint credit card statements etc. I am employed and have life and health insurance benefits and have put my partner's name on them. We will also have a lot of proof to show our relationship is genuine. So not worried about that aspect.

Thank you!

Have a read of the section of the manual for CIC case officers around evidence of common law. Extract below:

5.35. What is cohabitation?
“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law.

OP 2 Processing Members of the Family Class
While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short. The following is a list of indicators about the nature of the household that constitute evidence that a couple in a conjugal relationship is cohabiting:
 Joint bank accounts and/or credit cards;
 Joint ownership of residential property;
 Joint residential leases;
 Joint rental receipts;
 Joint utilities accounts (electricity, gas, telephone);
 Joint management of household expenditures;
 Evidence of joint purchases, especially for household items;
 Correspondence addressed to either or both parties at the same address;
 Important documents of both parties show the same address, e.g., identification documents, driver’s licenses, insurance polices, etc.;
 Shared responsibility for household management, household chores, etc.;
 Evidence of children of one or both partners residing with the couple;
 Telephone calls.
These elements may be present in varying degrees and not all are necessary to prove cohabitation. This list is not exhaustive; other evidence may be taken into consideration.

 

[alissanb]

Lease is not mandatory. A single document cannot prove common-law.
IRCC will look at all the proofs and based on what you wrote, it should be OK.

Have a read of the section of the manual for CIC case officers around evidence of common law. Extract below:

5.35. What is cohabitation?
“Cohabitation” means “living together.” Two people who are cohabiting have combined their affairs and set up their household together in one dwelling. To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law.

OP 2 Processing Members of the Family Class
While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short. The following is a list of indicators about the nature of the household that constitute evidence that a couple in a conjugal relationship is cohabiting:
 Joint bank accounts and/or credit cards;
 Joint ownership of residential property;
 Joint residential leases;
 Joint rental receipts;
 Joint utilities accounts (electricity, gas, telephone);
 Joint management of household expenditures;
 Evidence of joint purchases, especially for household items;
 Correspondence addressed to either or both parties at the same address;
 Important documents of both parties show the same address, e.g., identification documents, driver’s licenses, insurance polices, etc.;
 Shared responsibility for household management, household chores, etc.;
 Evidence of children of one or both partners residing with the couple;
 Telephone calls.
These elements may be present in varying degrees and not all are necessary to prove cohabitation. This list is not exhaustive; other evidence may be taken into consideration.

Thank you both. I understand now that the evidence is looked at holistically on a case-by-case basis and you have both reassured me. Sounds like my partner and I are on the right track with regards to evidence preparations.

 

[Hurlabrick]

Thank you both. I understand now that the evidence is looked at holistically on a case-by-case basis and you have both reassured me. Sounds like my partner and I are on the right track with regards to evidence preparations.

Plenty of people your age are 'common law' and live with a parent, so no formal lease etc. Quite normal, but you do need other evidence and yes, a signed letter from the parent(s) stating your living arrangements and when they started etc. will help.

 

[alissanb]

Plenty of people your age are 'common law' and live with a parent, so no formal lease etc. Quite normal, but you do need other evidence and yes, a signed letter from the parent(s) stating your living arrangements and when they started etc. will help.

It's reassuring to know that CIC might commonly see this type of living arrangement among sponsorship applications. My partner's parents would be happy to write up a letter and we'll be sure to collect other evidence to paint the picture of our relationship and living arrangements. Thank you.