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Help with Marital Status for IEC Working Holiday Permit Application

KateCarpenter

Member
Feb 1, 2019
19
1
Hello,

I am a U.S. citizen currently in Canada on a 1-year IEC Working Holiday Permit (through SWAP Working Holidays). U.S. citizens are allowed to apply for a 2nd year, which I am doing right now. However, I need help determining my marital status. I am currently living with my boyfriend, who is a Canadian citizen, but I am not sure if we are Common Law Partners yet. We have been living with each other for the entirety of my permit. I came to Canada to authorize my visa on April 16, 2018 (that has been 9.5 months). Prior to that, I was in Canada residing with my boyfriend as a visitor. I graduated from university December 17, 2017 and came to join my boyfriend December 31, 2017. I resided with him until I authorized my visa in April, except for 2 short trips back to the States. The first trip was in February for I think 10 days to visit my parents for their birthdays and anniversary and a doctor appointment. The second trip back to the States was after my IEC Working Holiday application was accepted so I could get my affairs in order to return to Canada to authorize the permit. I was home for about 2 weeks to get everything in order, visit family/friends, etc. I also had a winter weather delay so it would have been less than 2 weeks (I drove back and forth). I returned for Easter which was the beginning of April if I remember correctly. SO... I am wondering if we would be considered Common Law Partners since I technically started residing with my boyfriend a little over a year ago? I don't know what I should do since I wasn't a resident of Canada until my visa was authorized. Not sure if this information is handy, but we started conjoining parts of our life before my visa was authorized and also adopted a dog in March. We have a joint bank account, utilities, etc. as well.

Any and all information would be so helpful!!

Thank you!
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Hello,

I am a U.S. citizen currently in Canada on a 1-year IEC Working Holiday Permit (through SWAP Working Holidays). U.S. citizens are allowed to apply for a 2nd year, which I am doing right now. However, I need help determining my marital status. I am currently living with my boyfriend, who is a Canadian citizen, but I am not sure if we are Common Law Partners yet. We have been living with each other for the entirety of my permit. I came to Canada to authorize my visa on April 16, 2018 (that has been 9.5 months). Prior to that, I was in Canada residing with my boyfriend as a visitor. I graduated from university December 17, 2017 and came to join my boyfriend December 31, 2017. I resided with him until I authorized my visa in April, except for 2 short trips back to the States. The first trip was in February for I think 10 days to visit my parents for their birthdays and anniversary and a doctor appointment. The second trip back to the States was after my IEC Working Holiday application was accepted so I could get my affairs in order to return to Canada to authorize the permit. I was home for about 2 weeks to get everything in order, visit family/friends, etc. I also had a winter weather delay so it would have been less than 2 weeks (I drove back and forth). I returned for Easter which was the beginning of April if I remember correctly. SO... I am wondering if we would be considered Common Law Partners since I technically started residing with my boyfriend a little over a year ago? I don't know what I should do since I wasn't a resident of Canada until my visa was authorized. Not sure if this information is handy, but we started conjoining parts of our life before my visa was authorized and also adopted a dog in March. We have a joint bank account, utilities, etc. as well.

Any and all information would be so helpful!!

Thank you!
Hi

Yes, you are common-law as of Dec 31, 2018. Your immigration status while living together doesn't matter for becoming common-law. Make sure you both update CRA with your new marital status as soon as possible.
 

KateCarpenter

Member
Feb 1, 2019
19
1
You need to declare it in your IEC app. You shouldn't have to provide any proof.
Okay. I spoke with a lawyer on my immigration matter who advised me that we wouldn't be common-law until this April (1 year from when I authorized my permit) since I was only a visitor prior to that & did not have residence in Canada with my boyfriend until I landed with my permit. So... which is it??
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Okay. I spoke with a lawyer on my immigration matter who advised me that we wouldn't be common-law until this April (1 year from when I authorized my permit) since I was only a visitor prior to that & did not have residence in Canada with my boyfriend until I landed with my permit. So... which is it??
Stupid lawyer. Don't go back there. You could be in Canada illegally and time living together would still count towards becoming common-law. Visitor, worker or student, it is all temporary residence. Also, you didn't "land" on your work permit; "landing" is a specific term for when a person becomes a PR.
 
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