Proof of Common Law but Already Have Residency

[Bona64]

Hello

I already have my residency (Canadian Experience Class) but I am now looking to prove to the government that my Canadian girlfriend and I are in a common law relationship. As we are moving to my home country for a period of time I don't want to lose my residency status if we decide to stay longer than 2 years. The rule states that if you are in a relationship with a Canadian citizen your days out of the Canada count as days in Canada. From what I understand we will need the form IMM5409E Statuary Declaration of Common Law Union notarized and sent off to the CIC. Does this sound correct? If so, which office would I have to send this form to?
Any help would be much appreciated.
Thanks

 

[taffy7]

Hello

I already have my residency (Canadian Experience Class) but I am now looking to prove to the government that my Canadian girlfriend and I are in a common law relationship. As we are moving to my home country for a period of time I don't want to lose my residency status if we decide to stay longer than 2 years. The rule states that if you are in a relationship with a Canadian citizen your days out of the Canada count as days in Canada. From what I understand we will need the form IMM5409E Statuary Declaration of Common Law Union notarized and sent off to the CIC. Does this sound correct? If so, which office would I have to send this form to?
Any help would be much appreciated.
Thanks

This is a bit late i hope you found your answers as this is not correct . If your girl friend was a PR and accompanied you to another country it would not affect her PR. As you are not a citizen it will affect your Pr if you don't comply with the residency .

 

[Rob_TO]

I already have my residency (Canadian Experience Class) but I am now looking to prove to the government that my Canadian girlfriend and I are in a common law relationship. As we are moving to my home country for a period of time I don't want to lose my residency status if we decide to stay longer than 2 years. The rule states that if you are in a relationship with a Canadian citizen your days out of the Canada count as days in Canada. From what I understand we will need the form IMM5409E Statuary Declaration of Common Law Union notarized and sent off to the CIC. Does this sound correct? If so, which office would I have to send this form to?

Have you actually lived with her for 12 continuous months?

Since at this time neither of you are applying for anything, you don't need to send CIC any info. Only thing both of you legally need to do is change your tax status from single to common-law with the CRA.

Just keep the info on hand for when you return to Canada after living abroad. If CBSA see you don't meet residency obligations, then you can show the proof of common-law status, and that you were living with your common-law partner, to them. CBSA could then just decide to let you in to Canada with no problem. OR if they don't accept your proofs and do report you, at that time you can present your proofs to CIC .

In addition to the stat declaration form, make sure you have actual proof you were living together in Canada for 1 year to establish common-law, and also proof you were living together abroad after that.

If your girl friend was a PR and accompanied you to another country it would not affect her PR. As you are not a citizen it will affect your Pr if you don't comply with the residency .

Actually if the girlfriend was also a PR, neither of them would qualify to travel outside the PR residency obligation time. One must be traveling with a Citizen partner to be exempt from the obligations.