Can a couple apply as singles due to lack of proof of common-law relationship?

[Gene1991]

Hi everyone!
I have got an ITA recently and currently getting all the documentation in order.
I have moved in with my girlfriend in almost a year ago, however, we never signed the Statutory Declaration of Common-Law Union Form Number IMM5409.
My main concern is that most likely we will not be able to prove our common-law relationship when our cohabitation period reaches one year. In our country (Ukraine) there is no such legal status as common-law partners and even if a rental agreement is signed, it is never stamped and cannot be verified as the rental income is not disclosed by the landlord in order to avoid taxation. Utility bills have the landlord's name. In other words, getting proof is challenging.
Should I declare us as common-in-law partners and risk to be rejected due to lack of proof or can I and my girlfriend just apply as singles?

 

[canuck_in_uk]

Hi everyone!
I have got an ITA recently and currently getting all the documentation in order.
I have moved in with my girlfriend in almost a year ago, however, we never signed the Statutory Declaration of Common-Law Union Form Number IMM5409.
My main concern is that most likely we will not be able to prove our common-law relationship when our cohabitation period reaches one year. In our country (Ukraine) there is no such legal status as common-law partners and even if a rental agreement is signed, it is never stamped and cannot be verified as the rental income is not disclosed by the landlord in order to avoid taxation. Utility bills have the landlord's name. In other words, getting proof is challenging.
Should I declare us as common-in-law partners and risk to be rejected due to lack of proof or can I and my girlfriend just apply as singles?

You still have to declare yourselves as common-law. Rental agreements don't need to be stamped, whatever that means, and IRCC doesn't actually call the landlord or anything to verify it.

 

[canuck_in_uk]

Yes, you can apply as single. Especially if your country doesn't recognize common law. You just can't sponsor the other party after receiving ITA or PR. They would have to apply on their own.

I.e: You apply by yourself and receive PR without declaring common law, then you try to sponsor your partner for PR under common law = misrepresentation

Incorrect. It is the lie about their marital status in the original app that is misrepresentation. They must declare their common-law status. Canada doesn't care whether their country recognizes it or not.

 

[canuck_in_uk]

Cohabitation is not something that is granted de jure, like marriage. It is legally a de facto relationship and has to be proven by the applicant. You are free to just see yourself as boyfriend/girlfriend without being in a cohabitating relationship. The government website literally says can provide evidence to support their cohabitation. There is no legal requirement to do so. But they cannot later say they were in a cohabitating relationship all along and use that to sponsor their partner.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

Yes, it is de facto. Cohabit for a year in a conjugal relationship and you are de facto common-law, a legal status. There is no option on whether to declare a common-law partner. Like a married spouse, applicants are legally required to declare common-law partners, whether they have proof or not.

 

[Gene1991]

Thank you all for the replies
I realize that I am required to notify IRCC about my marital status
But could not find any cases when, like in my case, we will enter the common-law status after AOR. Should we send with the notification, so that the partner will be able to come with me to Canada?

 

[canuck_in_uk]

Thank you all for the replies
I realize that I am required to notify IRCC about my marital status
But could not find any cases when, like in my case, we will enter the common-law status after AOR. Should we send with the notification, so that the partner will be able to come with me to Canada?

You notify IRCC when you become common-law. They will request documents needed to add your partner to your app.

 

[hamgha]

Yes, you can apply as single. Especially if your country doesn't recognize common law. You just can't sponsor the other party after receiving ITA or PR. They would have to apply on their own.

I.e: You apply by yourself and receive PR without declaring common law, then you try to sponsor your partner for PR under common law = misrepresentation

No