A little guidance PLEASE

[Behopeful]

Sorry I am a little confused. So CRA considers me and my fiancee common law and CIC does not?

Is there a disadvantage or advantage to CRA seeing me as common law?

My understanding is that CRA considers you common law when you have been living together for 1 year OR if you have a child together. For example: if I lived with my partner from September 2011 and our child was born in January 2012 in the eyes of CRA we are viewed to be common law from the date the child was born and not the one year mark. However if there was no child we would not be common law until September 2012. That is the way CRA sees it. This will impact your benefits because you are 2 incomes and not a single.
Immigration only views you common law when you have been living together for one year and can show adequate proof of this. Very different definitions of c'mon law but if you have filed taxes with CRA as common law this can also act as a support for your application.

 

[Behopeful]

You can also call CRA- Child Tax benefit area and speak with someone hypothetically. They spoke with me without asking for my name and gave me all the answers I needed. I was very nervous that I would be in a lot of trouble for not identifying as common law but I truly believe they have bigger fish to fry then worrying about my situation. Call first thing in the morning to speak woth someone because later in the day it's difficult to get connected.

You can go to CRA website and the definition of CL is: (only 1 of the following has to be present)

- living together for 12 continuous months
- is parent to your child by birth or adoption
- has custody or control of your child and your child is dependent on that person

The only time you aren't considered CL is due to relationship breakdown and not merely because you haven't been living together. I would suspect you aregoing to have to file out of country income in order for her to claim benefits (this has been our experience).

 

[zarsco]

You can also call CRA- Child Tax benefit area and speak with someone hypothetically. They spoke with me without asking for my name and gave me all the answers I needed. I was very nervous that I would be in a lot of trouble for not identifying as common law but I truly believe they have bigger fish to fry then worrying about my situation. Call first thing in the morning to speak woth someone because later in the day it's difficult to get connected.

Great helpul info! Thanks a lot

 

[Behopeful]

Great helpul info! Thanks a lot

No problem! I added a little more to my last post just to clarify a little further. Wish you all the best and it all works itself out even though it may seem a little overwhelming.