Questions about Statutory Declaration of Common-Law Union and Common-Law in General

[BuminKhan]

Hi everybody,

I hope you can help me soothe my anxiety on this whole common-law matter.

Background: I am in a same-sex relationship with my partner with whom I've been living together for a year. Hence I need to declare him on my pr application. Both of us are currently on PGWP, only I finished my first year at work so I will be the primary applicant. Considering that IRCC require medical from the partner even if non-accompanying, we decided to just apply accompanying get our PRs togethers.

It's my understanding that I will be asked for Statutory Declaration of Common-Law Union once I get my ITA. But I have tons of questions about it.

1) Under the solemn declaration parts, there are sections that require info on "person who administered the declaration" and possible titles that can be chosen for this person are: ('Notary Public','Commissioner of Oaths','Commissioner of Taking Affidavits'). This sounds like we need to get the declaration approved prior to scanning and uploading it, is this a correct understanding ? If not, do we just leave these sections empty for processing of the application ?

2) When we filed for our taxes for last year, we did not have common-law status yet hence we filed as single. Only substantial proof we have for our common-law relationship is our jointly signed lease agreement. Is that enough of proof ? If so, will we need to attach the copy of the lease agreement on the pdf of declaration or as a separate document assuming it's allowed ?

3) My boyfriend is currently working under assumed status while his PWGP application is being processed. Do we need to wait until he gets his PWGP to proceed with CEC PR application where I will be the primary applicant ? Will they ask for scanned version of his PWGP ?

Thank you in advance for all your helps.

 

[k.h.p.]

1. You need to have the declaration notarized. You can't just sign it yourself. That's what the fields that give you options for notaries are for.

2. No, that's not enough proof. You need other things - bills, letters, other mail addressed to the same address for both of you, letters from friends, photos, etc. A single lease is not enough.

 

[BuminKhan]

1. You need to have the declaration notarized. You can't just sign it yourself. That's what the fields that give you options for notaries are for.

2. No, that's not enough proof. You need other things - bills, letters, other mail addressed to the same address for both of you, letters from friends, photos, etc. A single lease is not enough.

Thank you very very much for quick response.

1. Does IRCC ask this from all common-law partners ? Info on the web suggests that it is not always asked for. I guess this should be done proactively prior to ITA if it will be required just in case notary or com. of oaths don't give appointment in short notice.

2. Will all these documents need to be uploaded to the application (we have other mail addressed to the same address and photos too) - or are they for the notary to sign the declaration ? To clarify, I am asking if it's all good to upload the declaration once it's approved by notary or will same supporting need to be uploaded to the application as well ?

 

[canuck_in_uk]

Hi everybody,

I hope you can help me soothe my anxiety on this whole common-law matter.

Background: I am in a same-sex relationship with my partner with whom I've been living together for a year. Hence I need to declare him on my pr application. Both of us are currently on PGWP, only I finished my first year at work so I will be the primary applicant. Considering that IRCC require medical from the partner even if non-accompanying, we decided to just apply accompanying get our PRs togethers.

It's my understanding that I will be asked for Statutory Declaration of Common-Law Union once I get my ITA. But I have tons of questions about it.

1) Under the solemn declaration parts, there are sections that require info on "person who administered the declaration" and possible titles that can be chosen for this person are: ('Notary Public','Commissioner of Oaths','Commissioner of Taking Affidavits'). This sounds like we need to get the declaration approved prior to scanning and uploading it, is this a correct understanding ? If not, do we just leave these sections empty for processing of the application ?

2) When we filed for our taxes for last year, we did not have common-law status yet hence we filed as single. Only substantial proof we have for our common-law relationship is our jointly signed lease agreement. Is that enough of proof ? If so, will we need to attach the copy of the lease agreement on the pdf of declaration or as a separate document assuming it's allowed ?

3) My boyfriend is currently working under assumed status while his PWGP application is being processed. Do we need to wait until he gets his PWGP to proceed with CEC PR application where I will be the primary applicant ? Will they ask for scanned version of his PWGP ?

Thank you in advance for all your helps.

2. You needed to change your status as soon as you became common-law. If you did, you can print off your online CRA profile showing that.

3. No, you don't need to wait for him to have his PGWP. You will put him down as having Implied Status.

Thank you very very much for quick response.

1. Does IRCC ask this from all common-law partners ? Info on the web suggests that it is not always asked for. I guess this should be done proactively prior to ITA if it will be required just in case notary or com. of oaths don't give appointment in short notice.

2. Will all these documents need to be uploaded to the application (we have other mail addressed to the same address and photos too) - or are they for the notary to sign the declaration ? To clarify, I am asking if it's all good to upload the declaration once it's approved by notary or will same supporting need to be uploaded to the application as well ?

1. No, they don't request it from everyone. It is actually pretty easy to get a document notarized on short notice.

2. Yes, you need to upload all common-law proofs. The mail etc. is FAR more important than the Stat Dec.

 

[k.h.p.]

2. You needed to change your status as soon as you became common-law. If you did, you can print off your online CRA profile showing that.

3. No, you don't need to wait for him to have his PGWP. You will put him down as having Implied Status.



1. No, they don't request it from everyone. It is actually pretty easy to get a document notarized on short notice.

2. Yes, you need to upload all common-law proofs. The mail etc. is FAR more important than the Stat Dec.

This is what I would say as well.

 

[BuminKhan]

2. You needed to change your status as soon as you became common-law. If you did, you can print off your online CRA profile showing that.

3. No, you don't need to wait for him to have his PGWP. You will put him down as having Implied Status.



1. No, they don't request it from everyone. It is actually pretty easy to get a document notarized on short notice.

2. Yes, you need to upload all common-law proofs. The mail etc. is FAR more important than the Stat Dec.

This is what I would say as well.

Thank you to both.

I know you're not immigration officer or immigration lawyer but would you say a collection of following documents would be good enough ?
- Signed letter from landlord stating that we presented as a couple when we moved in
- Scanned copy of your joint residential lease
- Photos of us together hugging/being minorly affectionate in public
- Mails addressed to each of us at this address

 

[canuck_in_uk]

Thank you to both.

I know you're not immigration officer or immigration lawyer but would you say a collection of following documents would be good enough ?
- Signed letter from landlord stating that we presented as a couple when we moved in
- Scanned copy of your joint residential lease
- Photos of us together hugging/being minorly affectionate in public
- Mails addressed to each of us at this address

Photos are not common-law proofs. Focus on the other documents. As long as the mail covers at least a one year period, it should be fine.

 

[BuminKhan]

Photos are not common-law proofs. Focus on the other documents. As long as the mail covers at least a one year period, it should be fine.

I do not hoard mails - in the sense that I do not have a mail for each month we lived together for but we have more recent mails sent to this address for both us + an official residential lease jointly signed showing that we've been living at this address since November, '18.

Wouldn't these be enough ?

 

[canuck_in_uk]

I do not hoard mails - in the sense that I do not have a mail for each month we lived together for but we have more recent mails sent to this address for both us + an official residential lease jointly signed showing that we've been living at this address since November, '18.

Wouldn't these be enough ?

No. You need address proofs covering a full year. It doesn't have to be every month but you do need proofs right from the beginning. Go get bank statements, credit card statements, utility bills, cell phone bills etc. that cover at least one year.

When are you actually common-law?

 

[BuminKhan]

No. You need address proofs covering a full year. It doesn't have to be every month but you do need proofs right from the beginning. Go get bank statements, credit card statements, utility bills, cell phone bills etc. that cover at least one year.

When are you actually common-law?

We will be officially common-law as of November 1st, 2019.

Utility is included in our lease so we don't have that bill on our name but we have our online bank statements showing this as our address starting from November, 2018. Would that be good enough ? I can get a bank approved version of that too.

I can also add online CRA profile showing us as common-law since we will file as common law for 2019 tax year too BUT our 2018 tax return shows us as single since we were not common law as of dec 31st, 2018.

 

[canuck_in_uk]

We will be officially common-law as of November 1st, 2019.

Utility is included in our lease so we don't have that bill on our name but we have our online bank statements showing this as our address starting from November, 2018. Would that be good enough ? I can get a bank approved version of that too.

I can also add online CRA profile showing us as common-law since we will file as common law for 2019 tax year too BUT our 2018 tax return shows us as single since we were not common law as of dec 31st, 2018.

Anything besides the bank accounts? Cell phones? Amazon invoices? Payslips? Letters?

 

[BuminKhan]

Anything besides the bank accounts? Cell phones? Amazon invoices? Payslips? Letters?

Paystubs I have with this address but my boyfriend doesn't from 2018 since he just started working (he graduated in Sept 2019).

I have 0 letter from November 2018 as I don't really keep them - just read & discard. I don't get a phone bill through mail.

Also I can get a signed letter from my landlord stating that we presented as partners when we reached the lease agreement which shows his name as landlord and date of us moving together - Nov 1, 2018.

I have to say that proving this is so frustrating. If it was up to us, we would not even do this application together as my boyfriend will gain the right to become a pr on his own merit next year...

 

[canuck_in_uk]

Paystubs I have with this address but my boyfriend doesn't from 2018 since he just started working (he graduated in Sept 2019).

I have 0 letter from November 2018 as I don't really keep them - just read & discard. I don't get a phone bill through mail.

Also I can get a signed letter from my landlord stating that we presented as partners when we reached the lease agreement which shows his name as landlord and date of us moving together - Nov 1, 2018.

I have to say that proving this is so frustrating. If it was up to us, we would not even do this application together as my boyfriend will gain the right to become a pr on his own merit next year...

Get your phone bills through your online account. School documents?

 

[theafjioman]

Struggling with the same problem here. My partner and myself believe ourselves to be common-law and filed taxes together as a result. As she is a Canadian citizen, I am not claiming any points for being in this relationship. But the system is asking for statutory declaration of common-law as well as proof of my partner's family members being Canadian and my partner's passport. How should I proceed? This all seems ridiculous considering I'm not even claiming any points for any of this. Do I really need to attempt to get this statutory declaration of common-law union signed by notary public?