Please help!!! Did not declare common-law relationship

[cocoa0510]

Hi all,

I have recently just realized that you automatically enters a common-law relationship, not by choice. My partner is Canadian and we lived together from 2019 June until now. I have received PR through express entry in Sep 2019 and at the application I have declared single as I did not know that I was in a common-law relationship. Recently I have applied for citizenship and I claimed as single as well.

Until today I realized I was automatically common-law and should have did all the taxes under that status which I did not.

We started living Jun 2019 - Jan 2021, moved into another place together from Jan 2021. Should I just declare it from Jan 2021, or all the way back from 2019?

I am very angry at myself for not knowing this earlier, what do you all recommend? Should I call CRA and IRCC to change my status from 2019 immediately? Would my partner have to do the same? If the CRA and IRCC found out this will my PR status be revoked?

please help!!

 

[Ponga]

Hi all,

I have recently just realized that you automatically enters a common-law relationship, not by choice. My partner is Canadian and we lived together from 2019 June until now. I have received PR through express entry in Sep 2019 and at the application I have declared single as I did not know that I was in a common-law relationship. Recently I have applied for citizenship and I claimed as single as well.

Until today I realized I was automatically common-law and should have did all the taxes under that status which I did not.

We started living Jun 2019 - Jan 2021, moved into another place together from Jan 2021. Should I just declare it from Jan 2021, or all the way back from 2019?

I am very angry at myself for not knowing this earlier, what do you all recommend? Should I call CRA and IRCC to change my status from 2019 immediately? Would my partner have to do the same? If the CRA and IRCC found out this will my PR status be revoked?

please help!!

Wait for others to reply to confirm or dispute the following:

You were NOT deemed to be a common-law couple when you became a PR, because you had not yet accrued 365 days or more of cohabiting together.

However, you ARE common-law now (and have been since June 2020) therefore it is misrepresentation regarding your citizenship application. You should correct this (if possible) ASAP.

At the very least you should have filed as common-law for 2021 and 2022, but not sure about 2020. It may come down to the date that you moved in together in June of 2019 and if it's more than 183 days for 2020. Not at all sure about that. Your partner should also make the corrections for those years as well. It will not impact your PR status.

 

[canuck78]

Hi all,

I have recently just realized that you automatically enters a common-law relationship, not by choice. My partner is Canadian and we lived together from 2019 June until now. I have received PR through express entry in Sep 2019 and at the application I have declared single as I did not know that I was in a common-law relationship. Recently I have applied for citizenship and I claimed as single as well.

Until today I realized I was automatically common-law and should have did all the taxes under that status which I did not.

We started living Jun 2019 - Jan 2021, moved into another place together from Jan 2021. Should I just declare it from Jan 2021, or all the way back from 2019?

I am very angry at myself for not knowing this earlier, what do you all recommend? Should I call CRA and IRCC to change my status from 2019 immediately? Would my partner have to do the same? If the CRA and IRCC found out this will my PR status be revoked?

please help!!

You’ll both need to call CRA and declare that you became common law on X June 2020 based on what you specified. You will need to confirm with CRA whether you will have to refile your taxes as common law or whether informing them when you became common law will be sufficient to fix the error and be considered as refiling. I suspect you may need to submit everything again while checking off common law not single. As already mentioned you were not common law when you landed as a PR. You will need to send in a webform indicating that you were common law when you applied for citizenship. Would include an apology and indicate that you were unaware of the concept of common law and that you needed to declare this and as soon as you became aware of your error you contacted IRCC and CRA. In general IRCC responds well to people taking responsibility for their errors and being proactive in fixing them. The big issues when it comes to not declaring your correct marital status typically involves sponsoring. You qualified for PR on your own and while you were still single and qualified for citizenship based on RO so the results of your applications were not impacted by your common law status and the fact that you didn’t declare it.

 

[cocoa0510]

You’ll both need to call CRA and declare that you became common law on X June 2020 based on what you specified. You will need to confirm with CRA whether you will have to refile your taxes as common law or whether informing them when you became common law will be sufficient to fix the error and be considered as refiling. I suspect you may need to submit everything again while checking off common law not single. As already mentioned you were not common law when you landed as a PR. You will need to send in a webform indicating that you were common law when you applied for citizenship. Would include an apology and indicate that you were unaware of the concept of common law and that you needed to declare this and as soon as you became aware of your error you contacted IRCC and CRA. In general IRCC responds well to people taking responsibility for their errors and being proactive in fixing them. The big issues when it comes to not declaring your correct marital status typically involves sponsoring. You qualified for PR on your own and while you were still single and qualified for citizenship based on RO so the results of your applications were not impacted by your common law status and the fact that you didn’t declare it.

Hi there! Thank you so much for replying, I was panicking yesterday and this really helps calming me down a little.
I have submitted a webform yesterday apologizing and indicated that I have already contacted my accountant to refile the tax from 2020. Fingers crossed and hopefully everything will be alright.

 

[kg2301]

Hi there! Thank you so much for replying, I was panicking yesterday and this really helps calming me down a little.
I have submitted a webform yesterday apologizing and indicated that I have already contacted my accountant to refile the tax from 2020. Fingers crossed and hopefully everything will be alright.

Hi did you receive any respond? Same situation woth you. Please help

 

[cocoa0510]

Hi did you receive any respond? Same situation woth you. Please help

Hello! I just completed the citizenship test however everything else are still pending. I will let you know if I get an update!
How long ago did you submit your application?

 

[m1lky]

Hello! I just completed the citizenship test however everything else are still pending. I will let you know if I get an update!
How long ago did you submit your application?

Hi, I am in a similar situation, my partner and I are in the process of getting our PRs and mistakenly did not declare our common law relationship during a previous TRV application because we didn't know that we were in a common-law relationship back then. May I know how you explained it in the webform, and if everything went okay?

 

[cocoa0510]

Hi everyone! Just want to thank you for helping in this process - want to announce that I became a Canadian citizen yesterday