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Jeesho98

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Mar 29, 2022
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My boyfriend, who is sponsoring me, has lived with me for what will be a year very shortly. However, despite living with me he wasn't on the lease. We had our landlord add him to the lease, or rather, sign a new lease with the old date retroactively, as proof of cohabitation. While we aren't intending to deceive, is there anything wrong with this? Is it considered misrepresentation? We have cohabitated for more than a year, but the landlord retroactively added him to the lease and all parties consented. It is not the only evidence we have which proves common law.

A few months into dating, my boyfriend signed a new lease and a few months later we basically started living together. I moved too and when I did he moved in with me but maintained the other lease as he couldn't get out of it. We explained to our landlord that he had been living wirh me since a certain time many months ago and our landlord simply drafted a new lease and post dated it to reflect the original move in date. Flash forward, we are ready to file for common law as it has been a year...but would IRCC consider this a misrepresentation if we did not disclose the full truth of the matter?
 
I believe you've asked this before and received answers: short form, while the chances of consequences occurring (i.e. getting caught and punishment) are pretty small, it's still a bad idea. (There could be consequences, and they are not at all pleasant)

Would suggest the following: get a new lease signed with both of you on it, effective and dated [now]. Have the landlord include a letter, signed, saying / acknowledging that the second person has been resident since [date of moving in together.] Fine if he wants to add language to effect that for all intents and purposes, this amendment/new lease bringing into line with your factual residence as acknowledged by him verbally when you moved in.

BUT: don't rely just on this. Check your other documentation of residing together as of the date you put - bills, legal, insurance, correspo0ndence, bank accounts, whatever. If it's not as complete as you like, wait a couple of months and get it together properly. There are few single pieces of evidence alone that prove 'common law' (except as below).

If that seems a problem to wait to document properly or you feel your case is not sufficiently clear, there is a legal mechanism available that demonstrates more or less conclusively that you are legally a couple, called marriage.
 
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