Common Law - Proof of Cohabitation Advice

[maledil]

Hello everyone,

We are applying common-law, outland and received a request yesterday for additional proof of cohabitation. The situation is a little confusing as he lived with me for 1.5 years 1 year in one place and 6 months in a 2nd place. For the 2nd place we have more proof since he was on the lease with me and bills. For the first place I had to get creative. Here is what I sent:

1st place
- Study permit showing address and copy of passport page with stamped entry to Canada
- Transcripts from his school 10 months later showing address
- 8 month Work permit also showing this address

Since he wasn't on the lease or bills this was the best I could come up with. I think this is the part they are having issues with.

2nd place
- Lease showing both our names (still in effect)
- current power bills showing both our names
- his name is on my insurance (not really showing cohabitation but an example of proof from form imm5409)

We did not have a shared bank account (had I but known lol) however, I was sending him paypal transfers to handle his bills back home while he was here. These transfers continued even after he moved back to the US. I'm not sure if they are really useful though.

The only other thing I can think to do is that the caretaker of place #1 knew us both very well and knew we were living together. He no longer works for that building but he is willing to sign a notarized letter saying we did live together during that period. Do you think that would be enough? Any other suggestions? I appreciate your help I also plan to call my MPs office today (they are super responsive) and see if I can get more details on what is missing.

Thanks

 

[TANMEX]

Hello everyone,

We are applying common-law, outland and received a request yesterday for additional proof of cohabitation. The situation is a little confusing as he lived with me for 1.5 years 1 year in one place and 6 months in a 2nd place. For the 2nd place we have more proof since he was on the lease with me and bills. For the first place I had to get creative. Here is what I sent:

1st place
- Study permit showing address and copy of passport page with stamped entry to Canada
- Transcripts from his school 10 months later showing address
- 8 month Work permit also showing this address

Since he wasn't on the lease or bills this was the best I could come up with. I think this is the part they are having issues with.

2nd place
- Lease showing both our names (still in effect)
- current power bills showing both our names
- his name is on my insurance (not really showing cohabitation but an example of proof from form imm5409)

We did not have a shared bank account (had I but known lol) however, I was sending him paypal transfers to handle his bills back home while he was here. These transfers continued even after he moved back to the US. I'm not sure if they are really useful though.

The only other thing I can think to do is that the caretaker of place #1 knew us both very well and knew we were living together. He no longer works for that building but he is willing to sign a notarized letter saying we did live together during that period. Do you think that would be enough? Any other suggestions? I appreciate your help I also plan to call my MPs office today (they are super responsive) and see if I can get more details on what is missing.

Thanks

what kind of proofs did you send the 1st time ?

the proofs you listed above are good , but I think you need a bit more of evidence .
any mail to the same 1st or 2nd address coming to both or either one of you ? Income Tax ? shared purchases ..letters from the landlord , family and friends will help .
MP Can do nothing , they only receive info about your file faster than you .

 

[maledil]

I'm sorry my message was a little confusing. The list I wrote above are all the things I originally sent. I haven't yet gathered anything else to respond to their request.

I will get a letter from my landlord stating we lived together and get it notarized. With the application I did send 3 letters from family and friends about our relationship but I don't think they focused on us living together. Is that something else I should add?

He unfortunately had no mail in that time period. All his mail went to his Mom's in the US and there wasn't much anyway. Its so frustrating because at the time we weren't thinking of all the things we'd need to do to prove common-law.

 

[profiler]

I'm sorry my message was a little confusing. The list I wrote above are all the things I originally sent. I haven't yet gathered anything else to respond to their request.

I will get a letter from my landlord stating we lived together and get it notarized. With the application I did send 3 letters from family and friends about our relationship but I don't think they focused on us living together. Is that something else I should add?

He unfortunately had no mail in that time period. All his mail went to his Mom's in the US and there wasn't much anyway. Its so frustrating because at the time we weren't thinking of all the things we'd need to do to prove common-law.

Anything like health insurance benefits from a workplace available? Anything that might list either party as a beneficiary?

 

[canuck_in_uk]

With the application I did send 3 letters from family and friends about our relationship but I don't think they focused on us living together. Is that something else I should add?

He unfortunately had no mail in that time period. All his mail went to his Mom's in the US and there wasn't much anyway. Its so frustrating because at the time we weren't thinking of all the things we'd need to do to prove common-law.

If you applied as common-law, you were actually required to include 2 Statutory Declarations from family/friends attesting that you lived together for at least a year in a genuine relationship. If you didn't include those, then definitely get them now.

Did he have a driver's license, health card or provincial ID with the address? You stated he had a work permit; if he had a job, would his former employer write a letter confirming his address on file? Did he get payslips with his address? If he went to the doctor, can he get a letter from them with his address on file? Neighbors willing to write letters confirming when he moved in? Printouts showing that you changed your status to common-law with CRA?

 

[maledil]

Anything like health insurance benefits from a workplace available? Anything that might list either party as a beneficiary?

I did name him as a beneficiary on my life insurance and sent in that document with my application.

If you applied as common-law, you were actually required to include 2 Statutory Declarations from family/friends attesting that you lived together for at least a year in a genuine relationship. If you didn't include those, then definitely get them now.

Did he have a driver's license, health card or provincial ID with the address? You stated he had a work permit; if he had a job, would his former employer write a letter confirming his address on file? Did he get payslips with his address? If he went to the doctor, can he get a letter from them with his address on file? Neighbors willing to write letters confirming when he moved in? Printouts showing that you changed your status to common-law with CRA?

I think I messed up the statutory declarations. When I asked my friends/family for the letters they discussed our relationship and didn't really say anything specific about us living together. I could definitely get them to write more but would that not look contrived? If I did that should they mention dates addresses etc?

He did have a health and SIN card so I'll look into that. He got the work permit as part of his study permit. His course was 8 months and so he was granted an 8 month work permit but he was unable to find a job in his field so no employer. No neighbors that I knew but as I mentioned the caretaker of the building (who also lived there) is willing to write a letter for us and have it notarized. He does not live or work in that building anymore unfortunately.

I never claimed him on my taxes, honestly didn't even think of it. He never worked while he was here just the 8 months of study.

Thanks so much for all your suggestions and advice!

 

[canuck_in_uk]

When I asked my friends/family for the letters they discussed our relationship and didn't really say anything specific about us living together. I could definitely get them to write more but would that not look contrived? If I did that should they mention dates addresses etc?

No neighbors that I knew but as I mentioned the caretaker of the building (who also lived there) is willing to write a letter for us and have it notarized.

I never claimed him on my taxes, honestly didn't even think of it. He never worked while he was here just the 8 months of study.

Yes, get letters from them confirming when you guys moved in together. There is no need for them to list your addresses.

A notarized letter from the caretaker is good.

When you became common-law, you needed to declare that to CRA. Not declaring it is actually tax fraud. I seriously suggest you amend your status now and then you can include that as proof as well. If your partner filed taxes in Canada as single after you became common-law, he should also amend his status.

 

[maledil]

Yes, get letters from them confirming when you guys moved in together. There is no need for them to list your addresses.

A notarized letter from the caretaker is good.

When you became common-law, you needed to declare that to CRA. Not declaring it is actually tax fraud. I seriously suggest you amend your status now and then you can include that as proof as well. If your partner filed taxes in Canada as single after you became common-law, he should also amend his status.

Well actually in Saskatchewan (where I live) common-law is defined as 2 years. We lived together for 1.5 years before he lost status and had to return to the US so it never occurred to me to file as common law. Its confusing because for the purposes of this application we are common law under the federal regulations but not under provincial. My company would not add him to my medical coverage until after two years for example. He also never made any income here so did not bother filing taxes in Canada.

I will definitely get my friends/family to write some new letters. Thanks so much for your help!

 

[canuck_in_uk]

Well actually in Saskatchewan (where I live) common-law is defined as 2 years. We lived together for 1.5 years before he lost status and had to return to the US so it never occurred to me to file as common law. Its confusing because for the purposes of this application we are common law under the federal regulations but not under provincial. My company would not add him to my medical coverage until after two years for example. He also never made any income here so did not bother filing taxes in Canada.

I will definitely get my friends/family to write some new letters. Thanks so much for your help!

It doesn't matter what Saskatchewan's rules are. CRA is federal. You were common-law after one year of cohabitation and needed to change your status.

 

[Rob_TO]

Well actually in Saskatchewan (where I live) common-law is defined as 2 years. We lived together for 1.5 years before he lost status and had to return to the US so it never occurred to me to file as common law. Its confusing because for the purposes of this application we are common law under the federal regulations but not under provincial. My company would not add him to my medical coverage until after two years for example. He also never made any income here so did not bother filing taxes in Canada.

I will definitely get my friends/family to write some new letters. Thanks so much for your help!

As mentioned, common-law for tax purposes is 1 year cohabitation regardless of what province you're in. You should have changed your status and filed your own taxes as common-law for the tax year you reached 1 year of cohabitation.

I would go back and do a re-assessment. You may actually be entitled to a bigger tax refund, since you can claim the spouse/common-law partner amount and possibly transfer his tuition payments to your own taxes if his schooling qualified.

Plus you can submit the marital status page of your CRA taxes as further proof of common-law status in the PR app.

 

[maledil]

As mentioned, common-law for tax purposes is 1 year cohabitation regardless of what province you're in. You should have changed your status and filed your own taxes as common-law for the tax year you reached 1 year of cohabitation.

I would go back and do a re-assessment. You may actually be entitled to a bigger tax refund, since you can claim the spouse/common-law partner amount and possibly transfer his tuition payments to your own taxes if his schooling qualified.

Plus you can submit the marital status page of your CRA taxes as further proof of common-law status in the PR app.

Sorry to doubt your word but I had to confirm with CRA and wow I am shocked! I had no idea, wish I'd known a while ago. Anyway so now I'm in the process of changing my status to Common-Law. Its a little complicated since he also has to file taxes for the years he was here but you are right it will likely benefit me financially as well as provide further proof.

What I'm not sure about is what I can send to CIC that shows my status is now Common-law. Does the notice of assessment show that? Or do I just send the page that shows I'm common law on my taxes?

Anyway thanks so much for your help and advice!

 

[TANMEX]

Sorry to doubt your word but I had to confirm with CRA and wow I am shocked! I had no idea, wish I'd known a while ago. Anyway so now I'm in the process of changing my status to Common-Law. Its a little complicated since he also has to file taxes for the years he was here but you are right it will likely benefit me financially as well as provide further proof.

What I'm not sure about is what I can send to CIC that shows my status is now Common-law. Does the notice of assessment show that? Or do I just send the page that shows I'm common law on my taxes?

Anyway thanks so much for your help and advice!

The Notice of assessment will show common law but won't show your spouse's name , you need the T1 General Form .