SPONSOR QUESTIONNAIRE (IMM5540)-Definition of Common-Law

[dakonej]

On question 17 of the Sponsor Questionnaire, they ask to provide details of previous spouse or common-law or conjugal partner. What if I was living with someone, sharing a house and some of the expenses for a period of one and a half years, but there were no joint documents or assets in common? What if that happened more than 10 years ago? Would that count as common-law for the purpose of that question? I'm the sponsor and currently living outside Canada, and the Document Checklist (IMM5491), item #16 requires to provide photocopies of proof that I am separated from previous partners, such as income tax forms, legal documents, etc. Does that apply in my case? If so, what documents would those be if we had no documents supporting our status?

Can someone with knowledge/experience give some advice, as I find this item intriguing and confusing. Would it matter if I responded NO to that question and explain the situation in a separate sheet of paper?

Thanks to anyone who can give me some advice.

 

[awor]

If you didn't have any joint accounts, didn't file taxes together, didn't have both names on leases, rent, bills, etc, then I'm pretty sure CIC doesn't consider that common-law and wouldn't need proof of the relationship ending... they wouldn't even need to know about it.

 

[canadianwoman]

If you didn't have any joint accounts, didn't file taxes together, didn't have both names on leases, rent, bills, etc, then I'm pretty sure CIC doesn't consider that common-law and wouldn't need proof of the relationship ending... they wouldn't even need to know about it.

If you were trying to apply as a common-law partner without the things you mentioned, CIC would reject the application. But that doesn't mean you weren't common law, it just means you couldn't prove it.
If you were living with someone for a year-and-a-half, and having sex with this person, it was a common-law relationship. I would include it. You can include a letter explaining the extent of your involvement and how you have no legal proof it's over.

 

[awor]

If you were trying to apply as a common-law partner without the things you mentioned, CIC would reject the application. But that doesn't mean you weren't common law, it just means you couldn't prove it.
If you were living with someone for a year-and-a-half, and having sex with this person, it was a common-law relationship. I would include it. You can include a letter explaining the extent of your involvement and how you have no legal proof it's over.

Does CIC really think a live in boy/girlfriend situation with no permanent merging of financial affairs is a common law relationship? This boggles my mind!

 

[dakonej]

Does CIC really think a live in boy/girlfriend situation with no permanent merging of financial affairs is a common law relationship? This boggles my mind!

To me that kind of situation amounts to this: 1) First, prove that I was in a common-law situation. I don't have any proof of that because there were never any documents tying us two, only the cohabitation and sexual relationship, expense sharing, etc. Could or would CIC investigate that deep and far and make it come up during an interview? 2) Second, prove that *such* relationship has been terminated. I don't have any proof of that either since #1 was never established with papers in the first place.

#2 follows #1 in my logic, but the lingering concern is whether the CIC can or will investigate and make it an issue.

 

[canadianwoman]

For a previous common-law relationship, you don't have to prove that it was a common-law relationship. They want proof it is over - you could submit a copy of your income tax from any year after the relationship ended, showing your marital status as single for that. Attach a letter briefly explaining the nature of the relationship - that you lived with your girlfriend for a year and a half 10 years ago, but you had no joint accounts or property, or whatever. Then show your income tax return from a later year stating your status as single. Or show a lease after the relationship ended where you are listed as the only tenant.
The visa officer will not believe you are still in a relationship with someone you broke up with 10 years ago.
It could be that the visa officer will think that that was not really a common-law relationship, but mentioning it won't hurt you. Not mentioning it, and having the visa officer find out about it, could hurt you.

How likely is it that the visa officer will find out about it, if you just don't mention it on the forms? Depends on the circumstances. If your current relationship has a lot of red flags, the VO will investigate more, and will grill your current partner in the interview. VOs frequently ask applicants about the previous relationships of their sponsor, because knowing about each other's relationship history is taken as a sign that the relationship is genuine.

If your current relationship has no red flags and there is nothing about it to make the VO suspicious, you could probably get away with not mentioning it on the forms. Personally, I still would mention it, just because it won't hurt the application anyway, and if I don't mention it and the VO finds out somehow, it will hurt the application.