Regarding an Ex..

[Kit1996]

Hello,

So, in a nutshell, my boyfriend, soon-to-be common law partner, broke up with his, at the time, common-law partner to be with me. However, the break-up was mutual, they still get along and even hang out to this day. The uncommon thing is that rather than force him to move out and find his own place, everyone involved kind of agreed that they wouldn't mind if he just moved upstairs with my boyfriend's parents. From a purely legal standpoint and with regards to a PR Sponsorship application, will this cause issues? Our relationship *is* legitimate, we've been together 5 years, we'll be living together a consecutive year by the time we send our application in with plenty of proof of relationship, we have a joint bank account, share utility bills, and have plenty of pictures together. Do we need to ask him to move out and subsequently change all of his government information to a new address? Is there some set amount of time he needs to be gone for before we send our application in? Any other pertinent information that might come up with regards to something like this?

 

[Kananaskis]

Did they ever make it official that they were common-law partners? Did they ever changed CRA profiles, said in government documents that they were common-law and etc?

Also is "upstairs" a separate unit?

 

[Kit1996]

Sorry for the late reply,

They were officially common-law, reported to the CRA that they were common-law, and said in government documents that they were common-law, yes.

Upstairs is not an officially separate unit ala a townhouse or something similar. Practically, it is because of the amount of space (separate kitchen/ dining room), but our house isn't divided into an A and B address for mail, no.

 

[scylla]

Hello,

So, in a nutshell, my boyfriend, soon-to-be common law partner, broke up with his, at the time, common-law partner to be with me. However, the break-up was mutual, they still get along and even hang out to this day. The uncommon thing is that rather than force him to move out and find his own place, everyone involved kind of agreed that they wouldn't mind if he just moved upstairs with my boyfriend's parents. From a purely legal standpoint and with regards to a PR Sponsorship application, will this cause issues? Our relationship *is* legitimate, we've been together 5 years, we'll be living together a consecutive year by the time we send our application in with plenty of proof of relationship, we have a joint bank account, share utility bills, and have plenty of pictures together. Do we need to ask him to move out and subsequently change all of his government information to a new address? Is there some set amount of time he needs to be gone for before we send our application in? Any other pertinent information that might come up with regards to something like this?

So the ex has been living with your boyfriend's parents for 5 years now since the break-up? And you only moved in around a year ago?

 

[Kit1996]

When they broke up, they stayed friends and he took one of the guest bedrooms to himself upstairs. I haven't moved in yet, but we've been dating for five years and I've been staying with him when I come to see him in Canada slowly establishing the connections we need for the sponsorship application. I haven't, by legal standards, started living with him yet, but I'll be living with him for the full 1 year consecutive term starting this March and we'll be applying well- next March. We want to know if we should ask that he move out before we apply or before we even start that full 1 year and if we should let X amount of time pass should he need to move out.

 

[scylla]

When they broke up, they stayed friends and he took one of the guest bedrooms to himself upstairs. I haven't moved in yet, but we've been dating for five years and I've been staying with him when I come to see him in Canada slowly establishing the connections we need for the sponsorship application. I haven't, by legal standards, started living with him yet, but I'll be living with him for the full 1 year consecutive term starting this March and we'll be applying well- next March. We want to know if we should ask that he move out before we apply or before we even start that full 1 year and if we should let X amount of time pass should he need to move out.

This is an extremely unusual situation. No one here can tell you for certain what you need to do. There are no black and white rules around this and the chances that someone else here has been in this same situation are pretty much nil. It's certainly extremely unusual for an ex to continue living in the same house as their partner for five years after a break-up.

I think the most any of us can say is this: If you want to play it extremely safe, then have the ex move out and then live together for a full year continuously after the ex has moved out before you submit the PR application. Of course nothing is stopping you from submitting the application once you have lived together for a year this March and without the ex moving out. And you might very well be fine if you do this and be approved. On the other hand, if IRCC requests more info and sees the ex is still living in the same house, that could create issues for your application.

 

[Kananaskis]

I am assuming that once the relationship ended, they updated the respective CRA and any other documents needed to "single" again.

Even though in a common-law relationship you are not required a formal process or legal action to end the relationship, it does look weird and will definitely be a red flag if they are living in the same address still and it will raise questions.
Because there is no separation, they are considered roommates and not landlord/tenant.

I'd suggest you guys to find your own unit.

 

[Kit1996]

Yea.. we kinda figured we were a niche case. Thanks for the input everybody, it's been a big help.

 

[Kit1996]

Sorry to revisit, but is there any proof we should get when he moves out? What do they usually ask for? I feel like in most situations, if two people break up, they don't exactly keep in touch with their exes so is it reasonable for an agent to ask "Well, what happened to them? Where'd they go? What did they have for breakfast last week?" (Exaggerated example, but you get my drift).

 

[Kananaskis]

Sorry to revisit, but is there any proof we should get when he moves out? What do they usually ask for? I feel like in most situations, if two people break up, they don't exactly keep in touch with their exes so is it reasonable for an agent to ask "Well, what happened to them? Where'd they go? What did they have for breakfast last week?" (Exaggerated example, but you get my drift).

For common law relationships, no. There's no legal action needed (like filling for a divorce). It's okay that they are friends.
When you guys move into a new place you should have both of your names on the lease(if possible) and change address for bills, driver's license etc.
The process requirements will be the same as any other common-law, to prove that you guys are in a genuine relationship.

 

[Kit1996]

I'm sorry if it was a bit confusing, it would be the ex that moves out to their own place, we'd stay in our basement setup with my boyfriend's parents upstairs.

 

[Kananaskis]

Okay yes, sorry I thought it was the other way around. It doesn't change anything it is still the same scenario. Just make sure that you guys live together for a year, have enough proof about your relationship and your living situation and everything else should be okay.
Good luck!