does girlfriend and boyfriend living together for a year mean common law?

[sc09]

My boyfriend and I have been living together for a year. We have a joint bank account just to simplify paying rent etc.

Does this automatically mean we have to declare the relationship as common law? Or can we still put single on our applications because we are gf/bf, not engaged, have our own status, still have our own lives therefore not particularly 'marriage-like'? We are not yet applying for PR, but one for a study permit and the other to lift restrictions on an existing work permit after completing a medical.

Thanks

 

[Rob_TO]

My boyfriend and I have been living together for a year. We have a joint bank account just to simplify paying rent etc.

Does this automatically mean we have to declare the relationship as common law? Or can we still put single on our applications because we are gf/bf, not engaged, have our own status, still have our own lives therefore not particularly 'marriage-like'? We are not yet applying for PR, but one for a study permit and the other to lift restrictions on an existing work permit after completing a medical.

Thanks

Once you have lived together under the same roof as bf/gf for 12 consecutive months, then you are automatically common-law to the CIC and to CRA. There is no choice in the matter so any future CIC docs you fill out need to indicate common-law status.

Also make sure any Canadian taxes filed through the CRA for the tax year you became common-law, are done jointly as common-law and not as single.

 

[sc09]

OK thanks!

Do you know whether common-law will affect our applications? Our previous applications we had stated 'single' as we had not then been living together. My bf wants to renew his study permit as he is doing an extra year. I just need to lift restrictions on a working holiday permit and then plan to apply for PR later in the year once I hopefully have my working hours quota. I'm just wondering if they'll start delving into history, where he studied where I work, where he has worked etc, or just see we've declared info and we meet criteria and issue us our permits.
Do you know of anyone here who has experience with this?

 

[Ponga]

Rob,

Would they have to file a joint tax return, or can they still file individual returns, but each shown as being Common-Law.

I know in the US a couple can file this way. Just wondering if it's the same in Canada.

 

[sc09]

I'm confused as the common law declaration form says it's only to be used for sponsorship, PR or TRV. I'm not doing any of these, just changing status on work permit. However bf is getting whole new permit which would include TRV with a study permit so he'd have to declare it. Why isn't it straight forward?lol

Thinking of phoning CIC but they give me conflicting information *rolls eyes*

 

[Rob_TO]

Rob,

Would they have to file a joint tax return, or can they still file individual returns, but each shown as being Common-Law.

I know in the US a couple can file this way. Just wondering if it's the same in Canada.

I think it's the same thing. I just say "joint" to indicate that each spouse must list the other person on their forms, they can transfer certain items back and forth from each other, and for tax benefits/credits purposes the combined family income is used. But yes I still think 2 separate taxes need to be filled out.

I'm confused as the common law declaration form says it's only to be used for sponsorship, PR or TRV. I'm not doing any of these, just changing status on work permit. However bf is getting whole new permit which would include TRV with a study permit so he'd have to declare it. Why isn't it straight forward?lol

You are officially common-law by living together 12 months. You don't become common-law by filling in the stat declaration of common-law form. For spousal PR app you actually don't need to do the stat declaration form, but i'm not sure about other applications.

So basically in any form you happen to be filling out, if it asks for marital status you need to put common-law.