Common-law

[DarkDragons91]

Do we have to tell anyone about being common-law other than the CRA

 

[zardoz]

That all depends on what you are doing... A little more of a clue?

 

[DarkDragons91]

Okay,

I am applying for PR out-land. Currently became common law Sept. 3rd. He is a Canadian Citizen and I am an American Citizen

 

[Rob_TO]

Okay,

I am applying for PR out-land. Currently became common law Sept. 3rd. He is a Canadian Citizen and I am an American Citizen

Change his status with the CRA and of course you'll tell and submit ample proofs of 12-months cohabitation to CIC.

And that's it. No need to officially inform anyone else.

 

[DarkDragons91]

Alright thank you

 

[QuebecOkie]

No one but CIC has to know, but keep in mind that the burden is on YOU to prove that A) you are in a genuine and continuing common-law relationship, and B) that you have lived together for at least 12 continuous months. If your friends and family do not know about your relationship, it may be seen as a red flag by CIC.

 

[Harju]

Many people will have to know, and should know, if you are common-law.

- Provincial health care
- Employee benefit plans, pension plans etc.
- Auto, home insurance etc. (rates are generally lower for married or common-law couples)
- Anywhere you have to name a beneficiary - i.e., RSP's TFSA's, pension plans, life/disability insurance etc.

Not all of the above have the same definition for a common-law partner as CIC. For some the period of cohabitation is longer (2-3 Years)

 

[Rob_TO]

Many people will have to know, and should know, if you are common-law.

- Provincial health care
- Employee benefit plans, pension plans etc.
- Auto, home insurance etc. (rates are generally lower for married or common-law couples)
- Anywhere you have to name a beneficiary - i.e., RSP's TFSA's, pension plans, life/disability insurance etc.

Not all of the above have the same definition for a common-law partner as CIC. For some the period of cohabitation is longer (2-3 Years)

You don't "have" to tell any of those people. All are optional (most provincial health care i don't think cares at all). CRA is the only one where it's illegal not to tell them or to file taxes as single when you are in fact common-law.

I agree that also changing beneficiary info for work benefits/life insurance (by stating common-law status to them) is another good proof for CIC.

 

[DarkDragons91]

I dont have any auto or life insurance. I just started working at Dennys in ohio but I don't have any employment benefits. Do I have to claim him on my taxes or anything like that. I am still really confused.

 

[Alurra71]

I dont have any auto or life insurance. I just started working at Dennys in ohio but I don't have any employment benefits. Do I have to claim him on my taxes or anything like that. I am still really confused.

You guys live in the US then? You don't have to claim him on US taxes, no. You COULD if you wanted, but you don't have to.

 

[Rob_TO]

I dont have any auto or life insurance. I just started working at Dennys in ohio but I don't have any employment benefits. Do I have to claim him on my taxes or anything like that. I am still really confused.

In Canada the law states if you are common-law (1 year living together), then anyone filling Canadian taxes MUST claim their partner as common-law. Filling as single when you are in fact common-law, is illegal.

I'm not sure if there is a similar law in the US. You should really check US federal or your state tax laws, on what the rules are for common-law.

 

[QuebecOkie]

In Canada the law states if you are common-law (1 year living together), then anyone filling Canadian taxes MUST claim their partner as common-law. Filling as single when you are in fact common-law, is illegal.

I'm not sure if there is a similar law in the US. You should really check US federal or your state tax laws, on what the rules are for common-law.

I know common-law once existed in my home state (Oklahoma), but is no longer recognized. I'm sure it's on a state-by-state basis. I know that, for military purposes (my husband is Canadian military, and we have a lot of US military friends), you're either a wife or a husband, or a nobody. Common-law doesn't exist at all on the federal level for military members.

 

[DarkDragons91]

No, sadly he is still in Canada and I plan on moving there when I get the money. The forums are like 1040 and then the doctor office and the fed background check is making it nearly impossible. I should have the money in about 3-4 more months. I am worried about our common-law status expiring (does it expire?).

 

[Rob_TO]

No, sadly he is still in Canada and I plan on moving there when I get the money. The forums are like 1040 and then the doctor office and the fed background check is making it nearly impossible. I should have the money in about 3-4 more months. I am worried about our common-law status expiring (does it expire?).

As long as you have lived together for 12 consecutive months with no breaks during that time, and you can prove it, then you are officially common-law. That status will not expire just because you had to return back to the US. You can still apply outland as a common-law couple even if you are not currently living together. Not only do you need to prove the 12 months of living together, but you also need to prove that you are still a genuine couple during this time apart. Read here for more info:
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?

The longer you go now without living together, the harder it will be to prove common-law status. There is no specific amount of time allowed, but i would try to get your application in asap.

 

[DarkDragons91]

Alright thank you very much :3!