common law sponsorship application questions

[yesky6969]

Thanks in advance.

I have been living with my girlfriend for 3 years. I am a PR, and she is a student. I want to sponsor her as a common-law partner. The problem is that last Nov when she was submitting PGWP application, she wrote "single". And When I was renewing my PR in early 2020, I wrote "single" as well. I wonder is this a big problem now? because the form asks when our common-law relationship started.

Thx

 

[scylla]

Thanks in advance.

I have been living with my girlfriend for 3 years. I am a PR, and she is a student. I want to sponsor her as a common-law partner. The problem is that last Nov when she was submitting PGWP application, she wrote "single". And When I was renewing my PR in early 2020, I wrote "single" as well. I wonder is this a big problem now? because the form asks when our common-law relationship started.

Thx

Have you been filing your taxes as common law?

 

[yesky6969]

Have you been filing your taxes as common law?

never filed tax together, but we will do this year for 2020.

 

[scylla]

never filed tax together, but we will do this year for 2020.

When did you start living together? (year and month)

You'll need to go back and re-file your taxes from 2019 as common law.

 

[yesky6969]

When did you start living together? (year and month)

You'll need to go back and re-file your taxes from 2019 as common law.

Maybe start from June 2018

Why we need to re file taxe for 2019?

My lawyer told me living together would not automatically become common law partner...

 

[YVR123]

Maybe start from June 2018

Why we need to re file taxe for 2019?

My lawyer told me living together would not automatically become common law partner...

Then follow instruction from your lawyer. You will need proof on when you started to become common law partner.
There need to be something to proof the start of establishing common law and since its NOT going to be a common address, you need to proof with OTHER documents.

 

[yesky6969]

Then follow instruction from your lawyer. You will need proof on when you started to become common law partner.
There need to be something to proof the start of establishing common law and since its NOT going to be a common address, you need to proof with OTHER documents.

Thank you for all your answers.

But my question is not how to prove our relationship. We have been living for 3 years and we have a lot of stuff to prove We cohabit for 3 years.

My question is when my gf file pgwp last November, she did not declare we were in common law relationship. I am afraid it will cause misrepresentation.

 

[YVR123]

Thank you for all your answers.

But my question is not how to prove our relationship. We have been living for 3 years and we have a lot of stuff to prove We cohabit for 3 years.

My question is when my gf file pgwp last November, she did not declare we were in common law relationship. I am afraid it will cause misrepresentation.

The truth is WHEN did you start your common law relationship since you said it didn't start 3 years ago. (thus no need to update tax return)

 

[yesky6969]

We started to live together 3 years ago.

When a couple live together for 1 year, will they automatically become common law parter? Or We define it by ourselves?

 

[scylla]

We started to live together 3 years ago.

When a couple live together for 1 year, will they automatically become common law parter? Or We define it by ourselves?

You are automatically common law from an IRCC perspective after one year. If your lawyer doesn't know this, I would find a new lawyer.

 

[canuck78]

Maybe start from June 2018

Why we need to re file taxe for 2019?

My lawyer told me living together would not automatically become common law partner...

You both need to refile your taxes as common law for 2019.

 

[malimu]

And as i understand it wd be misrepresenting of a fact not to declare common law if you were one to Revenue Canada as you do sign off saying all is factual.

 

[Naheulbeuck]

You both need to refile your taxes as common law for 2019.

Agreed. For 2019, you should have filed as common law, the reason your lawyer told you not to was probably because you got more benefits from filing single. This is shady practice and either he is dishonest by having you misrepresent facts or he is really just not a good lawyer. That was wrong and you can expect to have to repay some of the amounts you and your spouse may have received from CRA for 2019 and 2020 (I'm thinking in particular the GST/HST credit) depending on your overall income. You became common law on your 1 year anniversary of living together by the way (not when you started living together), you'll need to determine the exact date for your taxes and your application.

If you were just roommate then it is correct that you were not in a common law relationship but then you can't sponsor her. If you try to play with the dates it will invite scrutiny so best be honest and if she was your girlfriend when she moved in, then exactly a year later you both were common law.

On the positive side, after refiling, you will be able to sponsor her.