Do I file Commonlaw even if he was illegal?

[paquita]

This is very complicated..
My fiance and I lived commonlaw for the last two years, we have a 16month old baby together. I am Canadian and he is Mexican, his refugee status was refused in 2011. So he hasn't worked and just helped me with our kids. We have one and I have one from previous marriage. I have always claimed SEPERATED on my tax return as I am legally seperated from my ex husband.
I didn't claim commonlaw last year as I was scared Immigration would take away my baby's father from me. I work hard long 12hour shifts, i couldn't bare the thought of him having to return to Mexico.

IN FEBRUARY this year 2014 Immigration has taken him away from our home and he has been sent back to Mexico 4 days after being caught. No charges were laid, Canadian Border Officers stated no crime was really commited other then he has overstayed his stay.
Now our immigration lawyer says for us to FILE COMMONLAW right away for me to sponsor him back.

SO my question is on my tax return that I plan on doing this week, do I keep seperated, or do i now change it to Commonlaw? He is now back in Mexico, looking for work to help me pay for child daycare. What do I do??

thank you

 

[Carlaganda23]

This is very complicated..
My fiance and I lived commonlaw for the last two years, we have a 16month old baby together. I am Canadian and he is Mexican, his refugee status was refused in 2011. So he hasn't worked and just helped me with our kids. We have one and I have one from previous marriage. I have always claimed SEPERATED on my tax return as I am legally seperated from my ex husband.
I didn't claim commonlaw last year as I was scared Immigration would take away my baby's father from me. I work hard long 12hour shifts, i couldn't bare the thought of him having to return to Mexico.

IN FEBRUARY this year 2014 Immigration has taken him away from our home and he has been sent back to Mexico 4 days after being caught. No charges were laid, Canadian Border Officers stated no crime was really commited other then he has overstayed his stay.
Now our immigration lawyer says for us to FILE COMMONLAW right away for me to sponsor him back.

SO my question is on my tax return that I plan on doing this week, do I keep seperated, or do i now change it to Commonlaw? He is now back in Mexico, looking for work to help me pay for child daycare. What do I do??

thank you

Hi,

Sorry to hear about your situation. Yes, you can change your Marital status to common-law this tax year, you can do it by simply calling to CRA and ask for the password for online account and you can change it straight away. Please gather all the documents for more proofs like that has both of your names like:

Lease agreement
CRA changed to common-law
Joint bank account/shared finances
Proof of the same address from the time you live together (atleast 12 months)
Proof of Relationship(calls,photos together, your son/daughter together)
Statutory Declaration of Common-Law Union
2 Statutory Declaration from your families or friends
I applied for Common-Law as well and I include Cohabitation agreement, Will(me as one of the beneficiaries), Co-occupant in the house Insurance.We don't have joint bank account but I transfer money online through interac which I have a receipt from all of my transfers(I printed it)
You have to convince the Visa Officer that you live together for 12 months and your relationship is genuine.
They might scrutinize your application because of his failed refugee history but since your relationship is genuine, that shouldnt be an issue.
Send a strong, straight forward application with lots of proofs of your cohabitation.goodluck..

 

[jes_ON]

you can call the CRA or file this form - in any case, the form has useful information -

http://www.cra-arc.gc.ca/E/pbg/tf/rc65/README.html