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Lady_Ashka

Hero Member
Apr 21, 2015
639
15
I have a question about formalities: the application to extend stay in Canada as a foreign worker has a marital status question, and I'm not sure what I did was right :(

I moved in with my Canadian boyfriend in September 2014, and I thought that common law becomes official after we've lived together for a year, so in my application to extend my WP in July 2015 (and in the one I submitted in October 2014 for my first WP) I did not put in any information about it, because I thought we were not common law until September 2015. This is what I used to understand the definition of common law http://www.cic.gc.ca/english/helpcentre/answer.asp?q=346&t=14

But recently someone raised my doubts as to whether I should've given that information immediately after I moved in with him? I am confused now and worry that that might somehow influence our application for PR for me (he is going to sponsor me). I will be applying for another extension of WP this summer and I wonder, should I, apart from of course now putting in that I am in a common law relationship with a Canadian, also include some kind of letter explaining why I didn't mention it earlier? Will that suffice? Or maybe I was right in understanding that common law starts after a year of cohabitation? Or will that be a problem? Help :(
 
Your understanding is correct. You're not common-law UNTIL you have cohabitated for a period of one full year, so it will not be a problem. No future detailed explanation letter is required.
 
Wow, thanks! Such a relief!

So just a quick question about dates for the PR application (and the common law declaration) - We have cohabited since september 2014, but entered into common law in Sept 2015, yes?
 
Lady_Ashka said:
Wow, thanks! Such a relief!

So just a quick question about dates for the PR application (and the common law declaration) - We have cohabited since september 2014, but entered into common law in Sept 2015, yes?

Yes, that is correct. You became common-law one year after you moved in together.
 
Thank you very much for this. We will be going to sign the declaration soon, so it's good to know. And in terms of the PR application, then, the cohabitation year starts when we move in together, but we can only apply as common law after it began, co after a year of cohabitation, right? Does it matter when we sign the declaration? Or is it good to wait until just before applying for PR? My concern is, on the declaration we need to state how long we've been common law, not how long we've cohabited, right? So does it need to be a year after we became common law before we sign the declaration, or is that not important?
 
Lady_Ashka said:
Thank you very much for this. We will be going to sign the declaration soon, so it's good to know. And in terms of the PR application, then, the cohabitation year starts when we move in together, but we can only apply as common law after it began, co after a year of cohabitation, right? Does it matter when we sign the declaration? Or is it good to wait until just before applying for PR? My concern is, on the declaration we need to state how long we've been common law, not how long we've cohabited, right? So does it need to be a year after we became common law before we sign the declaration, or is that not important?

It doesn't matter how long you have been common-law when you sign the Stat Dec, only that you are common-law. Note that the Stat Dec of Common-law isn't actually a required document, so you don't need to get it.
 
Thanks! We will get it, because why not :) and I think I need it for my WP extension, so what harm.

Thank you very much for easing my anxiety, I get spurs of panic every now and then! :o