Common-law if living with parents?

[jaymageck]

Hi there,

I'm a British Citizen in Canada, living with my Canadian fiancee. I've been in a bit of a predicament regarding how to apply for PR for a long time.

A few tidbits:

1) We've been in a relationship since 2008. It was long distance with me flying back and forward for 6 years.
2) I moved here on a 1 year IEC working holiday permit in 2014.
3) Amazingly in 2015 I got lucky and was still eligible for a second IEC work permit when they changed to 2 years, so since 2015 I've been on the new 2 year permit.
4) My permit expires in June 2017.

Now that you have context, here's the issue. I need to apply for PR. We always planned to do spousal sponsorship, however we're still not married. The reason we're not is because we didn't want to rush it for immigration purposes. I have family back home who really want to attend, but have been saving, etc.

Long story short, we had wanted to go down the common-law route. However, we live in Kathleen's parent's house, where her parents pay the bills. We're likely to still live here after we're married too as they're old and may be moving to a retirement home in the next few years. We could afford to move out, but my fiancee loves her home and doesn't want to move if she doesn't need to.

Anyway, question: Can you even be considered 'common-law' if you don't pay the bills for the house you live in? I was looking at the forms on the immigration Canada site and if you tick 'living together' you have to provide evidence of shared household bills. However, we do live together, but don't have those bills. So I'm confused here.

We're running out of time on this. I'm in panic mode lately as I really don't know what to do. Thanks if anyone can help clarify this question at least.

-James

 

[zacklib]

Hi there. In order to qualify for Common law one has to show evidence that they have lived together in a "marriage like" life for at least 12 months. To prove this, you must show things like shared bills, rentals agreements,insurance, phone bills, bank accounts in both your names. Think about it this way, how would you prove to a stranger that you have lived together as a couple (not roommates) for a period of one year. The only way to do that as far as these guys are concerned is to provide some of the evidence given above.

Its possible to go ahead with the application without these crucial surporting docs but your case be weak, prone to interview at the later stage. Getting married would be the better option since most of the document's are not required in that case. However since you're not ready to get married then its difficult to sort this one out. Lets see if others may have different opinion.

Hi there,

I'm a British Citizen in Canada, living with my Canadian fiancee. I've been in a bit of a predicament regarding how to apply for PR for a long time.

A few tidbits:

1) We've been in a relationship since 2008. It was long distance with me flying back and forward for 6 years.
2) I moved here on a 1 year IEC working holiday permit in 2014.
3) Amazingly in 2015 I got lucky and was still eligible for a second IEC work permit when they changed to 2 years, so since 2015 I've been on the new 2 year permit.
4) My permit expires in June 2017.

Now that you have context, here's the issue. I need to apply for PR. We always planned to do spousal sponsorship, however we're still not married. The reason we're not is because we didn't want to rush it for immigration purposes. I have family back home who really want to attend, but have been saving, etc.

Long story short, we had wanted to go down the common-law route. However, we live in Kathleen's parent's house, where her parents pay the bills. We're likely to still live here after we're married too as they're old and may be moving to a retirement home in the next few years. We could afford to move out, but my fiancee loves her home and doesn't want to move if she doesn't need to.

Anyway, question: Can you even be considered 'common-law' if you don't pay the bills for the house you live in? I was looking at the forms on the immigration Canada site and if you tick 'living together' you have to provide evidence of shared household bills. However, we do live together, but don't have those bills. So I'm confused here.

We're running out of time on this. I'm in panic mode lately as I really don't know what to do. Thanks if anyone can help clarify this question at least.

-James

 

[Bcboundboy]

Hi there,

I'm a British Citizen in Canada, living with my Canadian fiancee. I've been in a bit of a predicament regarding how to apply for PR for a long time.

A few tidbits:

1) We've been in a relationship since 2008. It was long distance with me flying back and forward for 6 years.
2) I moved here on a 1 year IEC working holiday permit in 2014.
3) Amazingly in 2015 I got lucky and was still eligible for a second IEC work permit when they changed to 2 years, so since 2015 I've been on the new 2 year permit.
4) My permit expires in June 2017.

Now that you have context, here's the issue. I need to apply for PR. We always planned to do spousal sponsorship, however we're still not married. The reason we're not is because we didn't want to rush it for immigration purposes. I have family back home who really want to attend, but have been saving, etc.

Long story short, we had wanted to go down the common-law route. However, we live in Kathleen's parent's house, where her parents pay the bills. We're likely to still live here after we're married too as they're old and may be moving to a retirement home in the next few years. We could afford to move out, but my fiancee loves her home and doesn't want to move if she doesn't need to.

Anyway, question: Can you even be considered 'common-law' if you don't pay the bills for the house you live in? I was looking at the forms on the immigration Canada site and if you tick 'living together' you have to provide evidence of shared household bills. However, we do live together, but don't have those bills. So I'm confused here.

We're running out of time on this. I'm in panic mode lately as I really don't know what to do. Thanks if anyone can help clarify this question at least.

-James

You can technically qualify as common law when living with other people (including parents). Don't forget to adjust the tax status to match that, as otherwise that's tax fraud. Your struggle will be proving it, for the reasons you state. You may fall into a crack between two things where different arms of the Federal government argue different cases, because it's beneficial to them; CRA could at once call you common law as IRCC says you are not, and they both get to decide that for themselves.

Easiest solution if you don't have paperwork together is to have a small civil marriage now, apply as married, and have a destination/show ceremony later for guests.

 

[canuck_in_uk]

Anyway, question: Can you even be considered 'common-law' if you don't pay the bills for the house you live in? I was looking at the forms on the immigration Canada site and if you tick 'living together' you have to provide evidence of shared household bills. However, we do live together, but don't have those bills. So I'm confused here.

We're running out of time on this. I'm in panic mode lately as I really don't know what to do. Thanks if anyone can help clarify this question at least.

Yes, you are still common-law even if her parents are paying the bills. Joint utilities is only one of the choices for proof, not a definite requirement. You need to draw up a lease with her parents. Provided you have other proofs of living there, such as bank statements, ID addresses etc., you should be fine.

There really is no need to panic. Despite what the previous posters have said, I see absolutely no need for you to get married.

 

[Bcboundboy]

Yes, you are still common-law even if her parents are paying the bills. Joint utilities is only one of the choices for proof, not a definite requirement. You need to draw up a lease with her parents. Provided you have other proofs of living there, such as bank statements, ID addresses etc., you should be fine.

There really is no need to panic. Despite what the previous posters have said, I see absolutely no need for you to get married.

I agree there's no need to (they meet the CL definition), for all the reasons up there. It's just that depending on the level of paperwork they can generate (OP's implication is that they have nothing, or at least very little in their names on paper with that address), they may find it easier to run down to the town hall.

 

[PGR]

You are common-law under Canadian law, no need to worry about that. I was in a similar situation and my partner's parents wrote a lease agreement for us. Make sure you follow the checklist for additional documents that are required. We submitted joint credit card statements, health/life insurance policies, notarized letters from family/friends and records of bank transactions/transfers between us to demonstrate marriage-like financial/emotional dependency.

 

[daniigiannini88]

You are common-law under Canadian law, no need to worry about that. I was in a similar situation and my partner's parents wrote a lease agreement for us. Make sure you follow the checklist for additional documents that are required. We submitted joint credit card statements, health/life insurance policies, notarized letters from family/friends and records of bank transactions/transfers between us to demonstrate marriage-like financial/emotional dependency.

can you please share a sample of the lease agreement that your partner's parents made for the two of you? I'm struggling to find examples on how this should be written. Thanks!