IMM 5540 Am I "living" with my wife?

[CeeGee]

On question 12, it asks if I am living with anyone. My wife is now with me here in Canada, but, of course, she is technically "visiting".

So, do I put that I am living with her, or do I put that I live with no one?

I know a hundred people have asked this before, but I can't find the answer. . .

 

[canadianwoman]

Attach a note explaining your situation. She's visiting, so technically not 'living' in Canada, but if she's here for 6 months, that's quite a long time at one address, long enough to be considered your home, plus evidence of cohabitation is good for proving genuine marriage. AS long as her status in Canada is legal.

 

[iarblue]

The answer is no.She is not living with you.Even though she is there she is still a visitor.

 

[canadianwoman]

I'd still attach an explanation. Evidence of cohabitation is good.

 

[larand]

The answer is YES. The family is the family and have to live together. Technically? My advise is to answer straight forward to the question. Forget "technically".

 

[abedelia]

We are in the same situation. We checked "NO" and then wrote "please see additional explanation, attached".
Then, on a separate piece of paper, which we paper clipped to the form, we wrote:

"Additional explanation for question 12 (are you living with someone?):

I was not sure how to answer this question. I answered No because I live in Canada (Montreal) and Abedelia's status in Canada is as a visitor (Visitor Record). So my understanding is that we do not officially live together. However, I would like to be clear that as long as Abedelia is in Canada visiting me, we “live” in the same household as a married couple."

We also submitted our joint lease on our apartment in Canada as part of our proof of a genuine relationship. So they know that we live together on some level, even though I don't live in Canada as a resident.

Hope that helps. Our sponsorship has been approved but not the rest so I don't know if it's the right answer or not!!!

 

[can_usa_97]

I was hung up on the question after that - I think directly after it.... about anyone else living with you.
My children?

 

[iarblue]

She is not living with you she is visiting.The ansswer is no

 

[michaelab]

the answer is no for sure. The reason? "I was just visitng and did not have a residency status to live in Canada"...well thats what I put on my paper.

 

[sogwap]

Goes to show that Canada Does NOT honor institution of marriage.

I am married to my Canadian bride, not for a better life, as we could have had that as easily in the States. But because I love my wife, and she has a five year old by another (Canadian) man, she can not move out of the area without loosing custody!

While coming into Canada (to visit) even after being married it is best to say we are not married as they suspect you will not leave. This same advise has been given to hundreds of people.
Why would honoring spouses want to leave their new spouse and (often) new family?

People from visa required countries have it even worse. As often their spouses and families are often not even allowed to visit, until after they are given PR status. Causing separation for months....

Also Canada discriminates against spouses working in Canada, until they have "legal" status. Sure I understand why, but still, I feel it is discrimination against marriage. Many new spouses are not allowed to work for at least six months, putting undue burden on marriages and families.

And yes "technically" I'm only visiting my new wife while waiting for the legal process to become a proud Canadian Permanent Resident. Doesn't make sense, as marriage in the traditional sense means that you are together as husband and wife....

 

[whoopi83]

This is not a straightforward no; if she is on the Canadian lease then it can be argued that she is "living" with you whilst in Canada whatever her status. Whilst she may be visiting according to immigration law, she is cohabiting with you as part of a familial relationship and I would advise explaining it as some people have advised. Those telling you to answer straightforwardly no are unfortunately misguided as to the law. It will not hurt you to explain properly; it is not the only instance where a yes or no answer is not available.

 

[michaelab]

i guess the CIC needs to define clearly what "living together" means..that will save headaches on our side ??? I certainly don't want anything coming back to bite my butt

 

[rjessome]

Whoopi is right! The answer is "no" only if the applicant really IS here on a visit and intends to return to her home country.

Think about it from this perspective. The conditions of a common law relationship pursuant to the Immigration and Refugee Protection Act are "living together in a conjugal relationship for 12 consecutive months". You will find hundred of people on this board who extend their visitor visas in order to meet those conditions and then file as common-law while continuing to live together on visitor's visas. Are they going to answer NO to this question? Of course NOT!

So the question is, is your wife here to visit or is your intention to remain living together in Canada? Does she have a ticket to go home, a job waiting for her, an apartment she is paying for? Or is she living with you? Be honest! If the answer is yes, we are living together, this is NOT going to screw up your application at all. Do you think yours is the first application CIC has seen where couples are living together using visitors visas???? Uh, NO! Of course you should explain your situation in your cover letter as well as in the questionnaires. Your co-habitation is going to show "genuineness" of your relationship. And your wife is not breaking any laws if she has valid status!

Sorry if I sound impatient. But as whoopi said, being misguided about the law can lead to serious mistakes and that really gets my back up. Really, your answer to this question, whether yes or no, is not a deal breaker in this case because it's easily explainable. Good luck. You're gonna be fine.

 

[iarblue]

Well yes my mistake i guess i should have asked if they were applying as common law or if she was returning home after her visit, my mistake, i should have asked a bit more info, but the way he placed his question the answer was no,if he had of said they were living together for common law purposes i would have said yes.
So yes i should have asked for more info.I just didnt want him to answer yes if it was not true and she was going after the expire...