Need help with my common law options! Help!

[Rob_TO]

I cant seem to find a statutory declaration of commonlaw form that isn't about retirement or something... not really applicable.

If you want to include a declaration of common-law (remember it's not a requirement), you can probably just use the IMM5409 form: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.pdf

also do we have to change our taxes to do it together? we both have taxes to file but wed have to do them at different times cos I won't get mine for another month at least.

Again this is not a specific requirement for immigration. It would just be further proof. Your partner can go to the "my account" page on CRA website: http://www.cra-arc.gc.ca/myaccount/ . Then just log in or do the process to get a login/password. In "my account" you can then change official status from single to common-law, and enter the date the common-law relationship became official. If you print off this page... it will just show the CIC that you have declared the relationship to CRA so makes it "more" official and adds to the proofs.

is this stuff we definately need to do? I think its wise to get a declaration of commonlaw but do we have to do the pife insurance and cra stuff? will it weaken the case I've already outlined?

No absolutely not... you don't "need" to do anything. Its completely up to you how many pieces of evidence you want to include to CIC to prove you are a real common-law couple. You can include 1 proof or 20 proofs... entirely up to you. I am just offering some suggestions on some simple things to include, but you don't have to do any of them if you don't want, and you could still have a successful application with what you have so far. In the end its all up to the visa officer that opens your application... and if they are convinced by what you've given.

Since you're a UK citizen the success rate for partner/spouse apps is 94%... so you have a VERY good chance of going through the process quickly and with little problems. Just put in what you feel comfortable with and what you feel is needed.

 

[Gary_87]

thankyou. as you probably know this is a confusing and tiring process!

with the cra is it just my fiance who has to do it? I also have taxes to do so do I do the same?

also is this something we can do after we get commonlaw? because we can't say a date we got commonlaw until we are approved by cic no? unless the day we got commonlaw was jan 1st 2013 after I had lived here for a year?

I think we have pretty solid evidence especially since we have a legitimate wedding coming up and we've lived together a year and have pictures dating back 3 years!

 

[Sweden]

you're common-law under canadian law once you have lived with your partner in a conjugal relationship (also referred to as "marriage like relationship) for one year. So if you started living together the 1st of January 2012, then on the 1st of January 2013 you're officially common-law, and your partner needs to change her status with CRA.

It has nothing to do with CIC. CIC will proceed your application as common law because you already fit into the definition, they are not confirming that you are common-law. What they will determine is that is your relationship is genuine, and if you have a "clean" background.

Sweden

 

[Rob_TO]

with the cra is it just my fiance who has to do it? I also have taxes to do so do I do the same?

Eventually you will both do it. However for CIC purposes and proving you're a common-law couple for immigration, only your fiancee needs to do it. The page on the CRA website will show common-law status, date the common-law became effective, and the name of partner. This is a very simple proof to add to an application to show your relationship is genuine.

It has nothing to do with CIC. CIC will proceed your application as common law because you already fit into the definition, they are not confirming that you are common-law. What they will determine is that is your relationship is genuine, and if you have a "clean" background.

I think it's a bit of both. In order to apply as common-law/family class... you MUST live together for 1 full year. So if the CIC has reason to believe you are not truly co-habitating or have done so for less than one year, then you would no longer fit into the common-law/family class category... even if the relationship is genuine. You need to show some evidence of length of cohabitation, or hope they will take you at your word.

 

[Gary_87]

do we need to provide proof to cra? also if we don't include this with the cic package does it affect my PR status come later down the pine? is it just something extra?

 

[Gary_87]

also is it ok to use that declaration of common law then? because we can get that done. or is there another form to use? a lot of he other forms ask us to send them in to be certified but we could just print out the form and get it notarized by someone ourselves technically yeah?

 

[Rob_TO]

do we need to provide proof to cra? also if we don't include this with the cic package does it affect my PR status come later down the pine? is it just something extra?

No, you don't need to provide any proof to CRA. You just change it on the website.

And no, what you do with CRA has NOTHING TO DO WITH CIC. You would simply be changing CRA status and submitting a screenshot of the CRA summary page, as proof/evidence towards you being a genuine common-law couple. Nothing more.

also is it ok to use that declaration of common law then? because we can get that done. or is there another form to use? a lot of he other forms ask us to send them in to be certified but we could just print out the form and get it notarized by someone ourselves technically yeah?

If you want to include a Declaration of Common-Law form (again its optional), you might as well use the one already in the package. Worst case as its not a required doc, the VO would just dismiss it so no harm done.

Note in the Western Europe immigration package one of the requirements is: Also provide details of the
history of your relationship and at least two statutory declarations from individuals with personal
knowledge of your relationship supporting your claim that the relationship is genuine and continuing

So its an absolute requirement you must get 2 letters from friends, family or co-workers, and have them officially notarized.

You will be visiting an official notary for sure, so you might as well get all the documents you need notarized done at one time to get a bulk rate price. You will need to go to the notary along with whoever is signing the forms (2 friends/family plus partner if doing declaration of common-law).

 

[Gary_87]

we actually have someone we know who can provide a notary service for us which is handy. They're fully qualified to do it etc. This is ok yeah?

we've gotten the ball rolling. Police certs off today!

 

[Gary_87]

Can anyone help with a couple of questions for my fiance?

we read somewhere that she needs a letter from her employer? what does it have to say?
we also read bout her needing to show her t4? is this true?

 

[parker24]

Can anyone help with a couple of questions for my fiance?

we read somewhere that she needs a letter from her employer? what does it have to say?
we also read bout her needing to show her t4? is this true?

All she needs is Option C from CRA. She should include a letter or a paystub, but it's not REQUIRED.

 

[Rob_TO]

we actually have someone we know who can provide a notary service for us which is handy. They're fully qualified to do it etc. This is ok yeah?

As long as they meet the criteria from CIC:

Who can certify copies?

Persons authorized to certify copies include the following:

In Canada:
a commissioner of oaths
a notary public
a justice of the peace

Outside Canada:
a judge
a magistrate
a notary public
an officer of a court of justice
a commissioner authorized to administer oaths in the country in which the person is living

Family members may not certify copies of your documents.

 

[Gary_87]

Is option C the T4? or do we have to personally request one of those?
well most likely get a copy of a letter either way. just wondering what info it has to have?

 

[parker24]

Is option C the T4? or do we have to personally request one of those?
well most likely get a copy of a letter either way. just wondering what info it has to have?

No, Option C is different. Does your wife get paystubs? Include a few of those with your option C. I'm sure she understands that her T4 won't come until April-ish. (tax season)

 

[Gary_87]

ok! so we just request an option C from CRA? and yes she get paystubs. were only commonlaw atm too.

do we HAVE to get the letters from friends and family notarized? Also, as our proof of living together for the first 10 months is a letter from our previous landlord is it absolutely necesary to get this notarized too? I'm not sure well be able too.

are there any problems with this or will the letter with his signature and contact details be enough?

 

[parker24]

ok! so we just request an option C from CRA? and yes she get paystubs. were only commonlaw atm too.

do we HAVE to get the letters from friends and family notarized? Also, as our proof of living together for the first 10 months is a letter from our previous landlord is it absolutely necesary to get this notarized too? I'm not sure well be able too.

are there any problems with this or will the letter with his signature and contact details be enough?

I can't tell you about the notary, as I applied married. But yes, just call CRA and request Option C, they will know what it is and send you two copies usually