Cohabitation Agreement Questions

[epmarshall]

Do cohabitation agreements or prenuptial agreements have any effect on spouse/common-law sponsorship?

While we trust each other completely, family is pressuring us to get one. I've never had a problem with it and always sort of figured I'd do a prenup anyway even before we met each other, but I just worry in this case it might catch CIC's eye as not having combined our lives fully or something.

Also, how would that affect the sponsorship agreement and undertaking contract that sponsors have to sign?

Any input would be much appreciated. Thanks!

 

[Rob_TO]

Do cohabitation agreements or prenuptial agreements have any effect on spouse/common-law sponsorship?

While we trust each other completely, family is pressuring us to get one. I've never had a problem with it and always sort of figured I'd do a prenup anyway even before we met each other, but I just worry in this case it might catch CIC's eye as not having combined our lives fully or something.

Also, how would that affect the sponsorship agreement and undertaking contract that sponsors have to sign?

Any input would be much appreciated. Thanks!

Whether you have a prenup or not is of no concern to CIC, there is no point to even mention it to them.

It also is completely separate from the undertaking. If PR and sponsor separate and then PR goes on social assistance, sponsor is still responsible to pay all that back to the government regardless of what may be in a prenup.

 

[epmarshall]

Whether you have a prenup or not is of no concern to CIC, there is no point to even mention it to them.

It also is completely separate from the undertaking. If PR and sponsor separate and then PR goes on social assistance, sponsor is still responsible to pay all that back to the government regardless of what may be in a prenup.

Thanks for explaining, Rob_TO.

So the prenup couldn't be used even as extra common law evidence, either? I've seen a post before regarding that.

Also, how long does the undertaking last? Is there a time limit on it or is the sponsor responsible regardless of time if the person ever has to go on assistance?

I really appreciate the help. Thanks again!

 

[Rob_TO]

Thanks for explaining, Rob_TO.

So the prenup couldn't be used even as extra common law evidence, either? I've seen a post before regarding that.

Also, how long does the undertaking last? Is there a time limit on it or is the sponsor responsible regardless of time if the person ever has to go on assistance?

I really appreciate the help. Thanks again!

It's up to you if you want to submit it or not, there is no requirement. Tons of people are approved for common-law without needing a prenup. A prenup won't help you prove cohabitation.

For undertaking the time is 3 years from then they become PR.

 

[epmarshall]

It's up to you if you want to submit it or not, there is no requirement. Tons of people are approved for common-law without needing a prenup. A prenup won't help you prove cohabitation.

For undertaking the time is 3 years from then they become PR.

Understood. Thanks for the help, Rob_TO!

 

[Ponga]

You could always include the optional Statutory Declaration of Common Law form with your application.

 

[epmarshall]

You could always include the optional Statutory Declaration of Common Law form with your application.

Thanks, Ponga. That seems like a good idea. The Statutory Declaration of Common Law form isn't the same thing as notifying the CRA that the two of us are common law for tax purposes, right? Would you mind telling me what the tax thing I'm talking about is actually called so I can make a note to research it?

 

[Rob_TO]

Thanks, Ponga. That seems like a good idea. The Statutory Declaration of Common Law form isn't the same thing as notifying the CRA that the two of us are common law for tax purposes, right? Would you mind telling me what the tax thing I'm talking about is actually called so I can make a note to research it?

The stat declaration form is not actually a requirement for common-law apps under family class. As long as you have suitable proofs of your cohabitation and relationship there is no reason to put the effort in to get it completed (it can be a pain to do since involves a commissioner of oaths). However some people do include it simply because they want as much possible proofs of common-law as they possibly can. And once in a while a visa office will ask for it specifically, but this is pretty rare.

For CRA taxes, upon reaching 12 months of cohabitation you MUST immediately update your status with the CRA from single to common-law (or at least whoever has a SIN needs to). Read here: http://www.cra-arc.gc.ca/bnfts/mrtl/menu-eng.html
As the link explains, you can update status using the CRA "my account" online, by calling them, or by mailing in a form.

There is usually no proof of common-law (or marriage) required for CRA. You simply update your status and they just take your word for it. If they want proof, they will ask separately for it.

 

[epmarshall]

The stat declaration form is not actually a requirement for common-law apps under family class. As long as you have suitable proofs of your cohabitation and relationship there is no reason to put the effort in to get it completed (it can be a pain to do since involves a commissioner of oaths). However some people do include it simply because they want as much possible proofs of common-law as they possibly can. And once in a while a visa office will ask for it specifically, but this is pretty rare.

For CRA taxes, upon reaching 12 months of cohabitation you MUST immediately update your status with the CRA from single to common-law (or at least whoever has a SIN needs to). Read here: http://www.cra-arc.gc.ca/bnfts/mrtl/menu-eng.html
As the link explains, you can update status using the CRA "my account" online, by calling them, or by mailing in a form.

There is usually no proof of common-law (or marriage) required for CRA. You simply update your status and they just take your word for it. If they want proof, they will ask separately for it.

Thanks for explaining, Rob_TO. I will read up on this.