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Common Law Relationship. Should I notify CIC?

Discussion in 'Provincial Nomination Program Immigration' started by superpippo, Oct 12, 2017.

  1. #1 superpippo, Oct 12, 2017 at 6:39 PM
    Last edited: Oct 12, 2017
    Hi everyone, my girlfriend and I applied seperately as single applicants from OINP. But till now we have been living together for more than one year, and I just got PPR. I believe my girlfriend will get it very soon, since we submitted at the same time. I am just wondering if we should notify CIC our common law union or just leave it. We thought common law is like marriage that requires some kind of registration, so we didn't file taxes nor apply for any bank account as common law partners before, and we only pay grocery and utility bills together.

    If we notify CIC our common law union, will it significantly delay our application? Is it OK to just leave it, as common law partnership doesn't benefit out application?

    Also, I noticed that in Ontario, it seems that common law partnership requires living together for 3 years, which we don't meet. Do we still count as common law partners according to CIC?
  2. Hi

    Both of you must add the other person to your app. It doesn't matter that you are applying individually. Not declaring each other is misrepresentation.

    Also note that you were required by law to change your marital status with CRA when you became common-law. If you filed 2016 as single when you were already common-law, you committed tax fraud. If either of you are receiving any tax benefits (such as GST/HST) that you are likely not entitled to with your combined family income, that is also fraud. I strongly suggest you both correct this with CRA immediately and pay back any money you might owe.

    Ontario's definition of common-law is irrelevant. IRCC is federal and uses their own definition.
  3. Thank you very much for your reply.

    It is sometimes really confusing for us immigrants to fully understand the legal systems in Canada, especially the differences between federal and provincial laws. We thought common law requires registration in government agency like service Ontario to declare the relationship, so we didn't do it just because we felt it is inconvenient, especially for our immigration application. I will call CIC and CRA tomorrow to figure out what we can do to claim common law now.

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