Need clarification for a confusing situation

[user9292]

Hi All!

So I will be doing a Masters next year in Canada. My plan was to go to Canada with my girlfriend so I started looking into ways she could come with me. My girlfriend and I have lived together for just over a year now so I thought maybe we would qualify as Common Law. However, the more I read into it, the more I got worried that we wouldn't be able to clear that Common-Law bar. We are very independent financially (I don't even know how much she makes every month as she doesn't want me to know), we don't have a shared lease nor a joint bank account. All expenses are shared equally. Added to that, I kinda asked her to move in with me quite soon after we met (as her lease was expiring) so I don't think we were even a serious couple for the first few months after she moved in - I have no idea when it moved from just having fun to being serious.

Anyway, since I think we don't qualify as Common Law, I asked her to get a Working Holiday visa which she promptly did. She applied with the relationship status "Single" as again I don't think we would be considered common-law. I also plan on applying for my study permit as "Single". As we would then move to Canada together, live together over a year, support each other financially (she would work while I study), I figure I can add her as my common-law partner on my PGWP application and hopefully sponsor (provided I get a skilled job) her later. Is this ok? Should I be doing something differently to ensure that we don't have trouble down the line?

Thanks!

 

[canuck78]

You both should have applied as common law. By not declaring each other it will prevent you from sponsoring each other in the future. You must go back and correct your misrepresentation if you have lived together for 1 year or more.

 

[21Goose]

Agreed. If you lived together for a year (and sharing expenses too), the presumption is that you are common-law. It's really not up to you to decide that. By not declaring as common law, you are committing misrepresentation. This will cause major issues for you later on. Make sure that you don't apply for your study permit as Single, since you aren't single.

 

[Copingwithlife]

Hi All!

So I will be doing a Masters next year in Canada. My plan was to go to Canada with my girlfriend so I started looking into ways she could come with me. My girlfriend and I have lived together for just over a year now so I thought maybe we would qualify as Common Law. However, the more I read into it, the more I got worried that we wouldn't be able to clear that Common-Law bar. We are very independent financially (I don't even know how much she makes every month as she doesn't want me to know), we don't have a shared lease nor a joint bank account. All expenses are shared equally. Added to that, I kinda asked her to move in with me quite soon after we met (as her lease was expiring) so I don't think we were even a serious couple for the first few months after she moved in - I have no idea when it moved from just having fun to being serious.

Anyway, since I think we don't qualify as Common Law, I asked her to get a Working Holiday visa which she promptly did. She applied with the relationship status "Single" as again I don't think we would be considered common-law. I also plan on applying for my study permit as "Single". As we would then move to Canada together, live together over a year, support each other financially (she would work while I study), I figure I can add her as my common-law partner on my PGWP application and hopefully sponsor (provided I get a skilled job) her later. Is this ok? Should I be doing something differently to ensure that we don't have trouble down the line?

Thanks!

And you were given advice back in July to apply as common law
https://www.canadavisa.com/canada-immigration-discussion-board/threads/question-about-common-law-and-accompany-you-to-canada.642643/

 

[bongoman]

I think you will be fine except remember there is no guarantee she will be granted sowp even if they consider your common law valid.
I dont see how IRCC would ever find out you guys were common law before.

 

[canuck78]

I think you will be fine except remember there is no guarantee she will be granted sowp even if they consider your common law valid.
I dont see how IRCC would ever find out you guys were common law before.

You have to list your previous addresses.

 

[user9292]

Hey guys! Thanks for the advice. Luckily, I haven't applied for my study permit yet so I will declare her common-law on my forms. She can then apply for a common-law work permit. Should we submit a letter with her application stating we made a mistake on her IEC work permit and that we do not intend to use it?

 

[bongoman]

You have to list your previous addresses.

Yeah but there is a wide gap between being at same address and being common law married, I doubt IRCC would make such a leap.

 

[canuck78]

Yeah but there is a wide gap between being at same address and being common law married, I doubt IRCC would make such a leap.

Happens all the time. People were even living together as roommates and CIC goes back and sees that they have been living together.

 

[user9292]

Agreed. If you lived together for a year (and sharing expenses too), the presumption is that you are common-law. It's really not up to you to decide that. By not declaring as common law, you are committing misrepresentation. This will cause major issues for you later on. Make sure that you don't apply for your study permit as Single, since you aren't single.

Hey! Cheers for the advice! Luckily I still haven't applied for my study permit so I will list her as Common-Law and accompanying me. She would then be able to apply for a work permit via my student status. Is it sufficient to submit a letter with her application saying we don't intend to use the Working Holiday visa as there was a mistake made in the application?

 

[user9292]

You both should have applied as common law. By not declaring each other it will prevent you from sponsoring each other in the future. You must go back and correct your misrepresentation if you have lived together for 1 year or more.

How do I go back to correct it? Who should I contact and how? Really appreciate the help!