Do I need to declare common law partner relationship?

[Ursus Versus]

Both my girlfriend and I received ITA yesterday.

We applied as individuals/individually instead of as common law partners/together.

We've been living together now for ~8 months.

As we figure we will have lived together for > 12 months by the time our applications get processed, or definitely before we land, the BIG QUESTION we have now is that, do we have to change our application to common law partners? Or do we keep our individual applications, but declare (if there's such option/requirement) that we do have common law partners, but each of us are doing the application separately?

Given we share the same personal address, we are concerned that the immigration officer reviewing our files may become suspicious of the same mailing address but two separate applications, and start questioning why we aren't applying as common law partners which may lead to misrepresentation?

On the other hand, if we do end up switching the application to common law partners, we won't have sufficient evidence to prove our common law partnership status (only photos and mailing addresses...)

I know this all sounds very confusing, but appreciate the forum's insights. Best if someone can help cite some precedents to give us some guidance/comfort!!

 

[xpressentry]

You cant change your situation to common law and it is less than 12 months so you are not yet common law. if you got your ITA yesterday, you have 90 days to submit your eAPR and you have 120 days to become common law. If you wait to become common law, you will miss the deadline.

You would need to keep your application separate. There is no problem with having the same address as you are not yet common law according to Canada.

 

[Ursus Versus]

Thanks for this!!

Actually I messed up with the dates here - we have actually been living together for 10 months now. So the 12-month cut off will be before the deadline.

In that case, do we keep our applications separately or have to change them to common law?

Would it be a misrepresentation that we keep our applications separate and declare in our marital status as having common law partners while not doing the application together?

 

[xpressentry]

Then in that case, it would mean recalculation of scores and you should be above the cut off.

 

[Ursus Versus]

Do you mean that in order to avoid misrepresentation, we will be forced to change our applications to "combined application" (i.e. one main applicant + one common law partner), and given that we won't have sufficient proof for the common law partnership (won't really start till 2 months today), we are more than likely to be rejected because of inadequate/incomplete proof, or worst, misrepresentation?

I really hope my logic is completely wrong above, and CIC's intention is not to force people out of relationships...

 

[kryt0n]

OK, relax a second here.

right now you are saying that you are both single and both received independent ITA's, correct?

On what day will you have been LIVING together for 1 year?

 

[Ursus Versus]

Correct, have obtained ITA individually.

End of April this year.

 

[kryt0n]

OK,

Well this is the same as a lot of people that have got married after submitting, so have a search for those cases.

If you recalculate your profile as common law, what are your points?

Would it be easier to wait until the end of April and apply as common law?

 

[Ursus Versus]

our points would actually be higher if we applied on a combined basis.

the big concern is that we don't think we will be able to provide sufficient proof for our common law partnership - we aren't even common law partners now, and the only evidence we will have are (1) pictures, and (2) some mails that show the same personal address...

now - the question I really want to get definitive answer to is, will there be issues around misrepresentation, if we continue our applications as separate/single individuals?

 

[xpressentry]

I think you've answered your question. You are not common law. Therefore, you are single and have no dependents whose details you have to fill or get PCC, medical and show funds for.

 

[kryt0n]

our points would actually be higher if we applied on a combined basis.

the big concern is that we don't think we will be able to provide sufficient proof for our common law partnership - we aren't even common law partners now, and the only evidence we will have are (1) pictures, and (2) some mails that show the same personal address...

now - the question I really want to get definitive answer to is, will there be issues around misrepresentation, if we continue our applications as separate/single individuals?

In theory, no. You are single now and as long as you submit before you become common law, there is no misrepresentation at the time you submit.

You are supposed to update CIC at a later date once your circumstances change. Feel free AFTER you submit to inform them that you are now common law, but you cannot provide sufficient evidence.

 

[xpressentry]

In theory, no. You are single now and as long as you submit before you become common law, there is no misrepresentation at the time you submit.

You are supposed to update CIC at a later date once your circumstances change. Feel free AFTER you submit to inform them that you are now common law, but you cannot provide sufficient evidence.

I'd go with kryt0n's suggestion. The onus is on you to provide proof of common law and why risk rejection due to lack of evidence. It's easy for married people who just have to submit one marriage certificate.