Is Common Law possible with 2 different addresses?

[epmarshall]

Hi all,

I've been in Canada with my boyfriend since September. We have been living with his mother and paying rent. However, in January we are moving out of her house and into another place. I've had a card sent to our current address and was planning to have my family send us Christmas cards when the time comes.

However, my boyfriend's mother isn't keen on us even using her address, as she is under the assumption that it's a legal risk. Unless I'm mistaken there is no risk to her at all. I'm here legally on my visitor visa and will get it renewed when 6 months is up.

That being said, should we wait until January to start common law evidence gathering? I know common law time started the moment I entered Canada and began living with my boyfriend, but for the application should we just wait to start the timer? Does common law work when it's split up like that?

Any advice would be much appreciated. Thanks!

 

[Ponga]

Actually, the Common-Law `time' doesn't start until the 366th day of living together. That is the date that you will show in your application as the day that you entered into your Common-Law relationship.

To answer your question, it doesn't matter if you [both] move to another address, as long as you remain together.

There is no legal risk to his mother at all. If you have evidence that you were both living there, I suggest using it. Why throw away three months, because of her paranoia?

 

[SamHom]

Why wait though? That's just additional time to an already long process.

If you can't convince his mother which are being nothing but absolutely ridiculous, pay for a consultation with a lawyer and have them explain to his mother that there is no risk. It'll cost $150-200. But really, you should be able to convince her without a lawyer.

 

[epmarshall]

Actually, the Common-Law `time' doesn't start until the 366th day of living together. That is the date that you will show in your application as the day that you entered into your Common-Law relationship.

To answer your question, it doesn't matter if you [both] move to another address, as long as you remain together.

There is no legal risk to his mother at all. If you have evidence that you were both living there, I suggest using it. Why throw away three months, because of her paranoia?

Thanks for clarifying, Ponga. I will keep that in mind.

Why wait though? That's just additional time to an already long process.

If you can't convince his mother which are being nothing but absolutely ridiculous, pay for a consultation with a lawyer and have them explain to his mother that there is no risk. It'll cost $150-200. But really, you should be able to convince her without a lawyer.

Both of you make good points, but I assume we have to get her permission to use the address, right? Even if it is just for some of the time.

We can talk to her about it, but she thinks I'm weird and that I'm making her son more weird. So we're sort of hesitant asking for her help at all.

 

[SamHom]

Thanks for clarifying, Ponga. I will keep that in mind.

Both of you make good points, but I assume we have to get her permission to use the address, right? Even if it is just for some of the time.

We can talk to her about it, but she thinks I'm weird and that I'm making her son more weird. So we're sort of hesitant asking for her help at all.

You don't need her permission at all. If that's where you have been living then that's how it is.

 

[KelseyTVS]

You won't need her permission, you can simply enter her address on the form, they aren't going to try and contact her. The only think I can think of that might come up is if you need proof that you lived with her - like a letter from her, as I assume you don't have a lease or official agreement from living there. But the application is not going to affect her at all.

 

[jamali]

Maybe the mother is afraid of the tax implications of renting and doesn't want to report the rent .. and possibly, doesn't want there to be evidence of the OP living there.

 

[epmarshall]

Thanks everyone for all the tips!

Maybe the mother is afraid of the tax implications of renting and doesn't want to report the rent .. and possibly, doesn't want there to be evidence of the OP living there.

I think that might be a small part of it unfortunately. But lately she's been talking about how she is "housing someone who threw away their return ticket." So I think she believes that CBSA has her address logged and has a paranoid idea they are going to implicate her somehow. She hasn't researched it and just has this vague opinion that we are doing things incorrectly.

You don't need her permission at all. If that's where you have been living then that's how it is.

That is true. I think I'll still try and gather evidence before January then. It doesn't hurt. I just wonder how effective letters will be without a lease or letter from her specifically saying we have been living here.

 

[canuck_in_uk]

I've had a card sent to our current address and was planning to have my family send us Christmas cards when the time comes.

Honestly, a few cards don't really mean anything for proving common-law. In such a situation, a letter/lease from the person you are staying with can usually compensate for not having any other solid proofs. In your case, if the mother is not willing to do that and you have no other proofs, then those 3 months are pretty much useless towards the common-law count.

 

[epmarshall]

Honestly, a few cards don't really mean anything for proving common-law. In such a situation, a letter/lease from the person you are staying with can usually compensate for not having any other solid proofs. In your case, if the mother is not willing to do that and you have no other proofs, then those 3 months are pretty much useless towards the common-law count.

Yeah, I wondered if that might be the case. We'll at least ask her about it. In the meantime, what are the most important common law proofs? I assume a lease with both names on it and a joint bank account, but what else can I start gathering?

 

[surleplateau]

CIC explains: How can my common-law partner and I prove we have been together for 12 months?

A "statutory declaration of common-law union" is *not* a requirement, but we submitted one anyways, in addition to as much of the kind of proof they wanted.

I submitted copies of invoices/bills from financial or phone companies for *each* of the 12 continuous months of our cohabitation, to show we were at the same address. We showed that we had a joint bank account, joint lease, etc. You can think of each of those 12 continuous months as the "equivalent" to a marriage certificate for common-law partners.

A "statutory letter" from persons who attest to your genuine relationship means that 2 people (friends, family, classmates, whatever) have written a letter stating (in essence): how do they know you, how do they know you are a real couple and since when. The letter must be signed in front of a Commissioner of Oaths or a public notary (both are Google-able in your area).

There is more information about what CIC wants to see in your country-specific checklist under "Proof of Relationship to Sponsor." Read it carefully.

 

[krishnalynn]

Yeah, I wondered if that might be the case. We'll at least ask her about it. In the meantime, what are the most important common law proofs? I assume a lease with both names on it and a joint bank account, but what else can I start gathering?

Change absolutely EVERYTHING to your new address. Change the address for your bank, driver's license, insurance, student loans, anything. Collect everything that comes in your name to your address and put it in a big bin to sort out later. Collect or print off all bills and try to put your name on all the bills you can (not always possible but you can try). Start thinking of people you can pick for your signed letters that know your relationship the best. Take lots of pictures when you guys go out together. Keep all ticket stubs from dates and vacations together. Get a joint lease. Get your name on his life insurance and health insurance as a dependent when you're officially common law. Anything you can think of that helps your relationship progress or proves your address. I changed my cat's microchip registered address and included the letter from the lost pet services.

I suggest you just throw everything into a big immigration folder or box so it's all there when the time comes. That's what I did and it worked out well but I wish I could have tried harder to get my name written on more bills but oh well. Sometimes each particular thing doesn't matter moreso just a large amount of different types of proof.

 

[epmarshall]

CIC explains: How can my common-law partner and I prove we have been together for 12 months?

A "statutory declaration of common-law union" is *not* a requirement, but we submitted one anyways, in addition to as much of the kind of proof they wanted.

I submitted copies of invoices/bills from financial or phone companies for *each* of the 12 continuous months of our cohabitation, to show we were at the same address. We showed that we had a joint bank account, joint lease, etc. You can think of each of those 12 continuous months as the "equivalent" to a marriage certificate for common-law partners.

A "statutory letter" from persons who attest to your genuine relationship means that 2 people (friends, family, classmates, whatever) have written a letter stating (in essence): how do they know you, how do they know you are a real couple and since when. The letter must be signed in front of a Commissioner of Oaths or a public notary (both are Google-able in your area).

There is more information about what CIC wants to see in your country-specific checklist under "Proof of Relationship to Sponsor." Read it carefully.

Thanks for the advice and link!

I have a question if you don't mind. What exactly does "statements for shared bank accounts" mean? Can these statements have been sent to us online or must they be sent to our address? Bank statements usually have the address on the statement regardless, so I'm unsure.

Also, should we use our joint account for most purchases? We are getting one soon and I want to do things correctly. I assume a joint bank account doesn't mean much unless it's actually used often. Basically I'm wondering how the joint bank account proves we are together. Is it the fact that the address is listed on the statements or is it the purchases on the statement itself? Or both?

Hopefully that made sense. Thanks!

Change absolutely EVERYTHING to your new address. Change the address for your bank, driver's license, insurance, student loans, anything. Collect everything that comes in your name to your address and put it in a big bin to sort out later. Collect or print off all bills and try to put your name on all the bills you can (not always possible but you can try). Start thinking of people you can pick for your signed letters that know your relationship the best. Take lots of pictures when you guys go out together. Keep all ticket stubs from dates and vacations together. Get a joint lease. Get your name on his life insurance and health insurance as a dependent when you're officially common law. Anything you can think of that helps your relationship progress or proves your address. I changed my cat's microchip registered address and included the letter from the lost pet services.

I suggest you just throw everything into a big immigration folder or box so it's all there when the time comes. That's what I did and it worked out well but I wish I could have tried harder to get my name written on more bills but oh well. Sometimes each particular thing doesn't matter moreso just a large amount of different types of proof.

I've been keeping receipts, cards, and taking photos. Throwing everything into a big immigration folder sounds like good advice. So things like movie tickets count as well. I guess that is date specific.

 

[krishnalynn]

I would suggest you use the joint bank account for household purchases. Stuff like IKEA, Home Depot, Safeway, etc. Maybe you can even pay your household bills from it? It assures the person processing your application that you have a financial commitment and you're jointly paying for household expenses. They don't need to be mailed, you can print them out online. They're not really that picky, I don't even have a joint bank account and it's just another good form of evidence.

 

[kangamoose]

Basically I'm wondering how the joint bank account proves we are together. Is it the fact that the address is listed on the statements or is it the purchases on the statement itself? Or both?

The point of the joint bank account is to demonstrate you have combined your finances, goes towards proving you live in a marriage like relationship.