IMM5409e Canadian Experience Class Common Law question

[Janedoe14]

Hello! I have a couple of questions in regards to the Common Law form.
1. If I applied through Canadian Experience Class (Express Entry) and I put that I am "Common Law" but partner "will not accompany me to Canada" will I have to fill out IMM5409 form?

A bit of explanation: My partner is Canadian, I do not want sponsorship, I want to apply with experience/education, so he is already in Canada so won't be coming to me, and he obviously is not in the application with me because he is already a citizen. will I receive a demand for the form??

2. If I do go ahead with the current set up of the application AND receive the request for the notarized form (mentioned above) do I have to submit it and notarize it? What happens if It is not complete?

We have been living together for about 4-5 years now, however he owns the place, I just contribute with bills- rent per se, we never submitted taxes as "common law" because It does not make sense for us. THEREFORE I would have to answer "no" in box #2 saying: do you have TAX filings together as CML. As well, we dont have a lease agreement because he owns the place and I pay my share in cash.

Please advise how should I proceed. Really dont want to get a rejection *again*. I am submitting this now because I do not want to miss on another draw, I think maybe rewrite the application and put as "single", less headache?

Thanks in advance for ANY info!

 

[Copingwithlife]

Regardless if it makes sense to you or not , its not relevant. In the eyes of the Government you are commonlaw, you file as commonlaw

You do not get to decide whether to claim your marital status on our tax return. Once you are married, you must include your spouse. Once you are common-law, to be considered common-law, two people must live together in a conjugal relationship for 12 months or immediately if you have a child, then you must file as common-law.

 

[Janedoe14]

Right, But I never filed as common law. What are the repercussions of that?
Additionally, If I submit that form saying that I never filed the taxes as common law, what is gonna happen?
I was thinking to fill out the form, get it notarized, and just press "no" on the parts that we dont have, such as a joining bank account etc and go from there. can I get rejected because of that?