Spousal living together but no name in lease

[MerLrx]

Hi everyone!

was just wondering me and my spouse r living together buteverything is in his name because he’s the Canadian citizen I entered on visitor ETA ? Not sure if that’s the same visa.

but basically nothing we signed like the lease or the utilities or phone bills have my name on it, it’s all myhusband’s and the issue is they asked for 2 proof which I can’t provide so does that mean I don’t live with him?
If it means I don’t live with him I have to upload the other documents under instead? Like photos and all the other things asked of.

 

[armoured]

If it means I don’t live with him I have to upload the other documents under instead? Like photos and all the other things asked of.

It means you can't show much evidence you live with him, and therefore will have to show other things.

It may be in your benefit to take another month or so and get yourself added to the lease and other things, but up to you.

 

[MerLrx]

It means you can't show much evidence you live with him, and therefore will have to show other things.

It may be in your benefit to take another month or so and get yourself added to the lease and other things, but up to you.

I was just thinking if I want to add myself to the lease the landlord probably doesn’t have an issue with that but that’s only 1 document. I can’t add myself onto the utilities because I don’t have proper status here.

we have a son together and we live under the same roof do you think there’s any other documents I could possibly provide like my son’s birth certificate or anything else to prove we r living together ? Sorry if it’s a dumb question I just have no idea

 

[Naturgrl]

I was just thinking if I want to add myself to the lease the landlord probably doesn’t have an issue with that but that’s only 1 document. I can’t add myself onto the utilities because I don’t have proper status here.

we have a son together and we live under the same roof do you think there’s any other documents I could possibly provide like my son’s birth certificate or anything else to prove we r living together ? Sorry if it’s a dumb question I just have no idea

How long have you been common law and living in Canada? If you are common law then he would have his CRA documents stating that he is common law.

 

[MerLrx]

How long have you been common law and living in Canada? If you are common law then he would have his CRA documents stating that he is common law.

we aren’t common law we have been married slightly over 2 years.

He doesn’t have his CRA set up yet he just recently got a job and got his SIN set up. Before that we were mostly doing business in Singapore (my country ) and most of the money came through me and I used my account to pay for everything from rent to utifilies to car and insurance.

We moved back to canada from last year November.
Been here on ETA ever since.
I did leave canada and came back in on March so my expiry of ETA ends September I believe.

so basically we just only recently got SIN done and recently started a job and paying taxes in Canada .

 

[Ponga]

I was just thinking if I want to add myself to the lease the landlord probably doesn’t have an issue with that but that’s only 1 document. I can’t add myself onto the utilities because I don’t have proper status here.

we have a son together and we live under the same roof do you think there’s any other documents I could possibly provide like my son’s birth certificate or anything else to prove we r living together ? Sorry if it’s a dumb question I just have no idea

If you only have visitor status, that probably means that you do not have a provincial DL, or provincial heath coverage, right?

Having those would definitely help to prove that you're living together, but if you don't have them...

Might try to get those that live near you to write a letter (to be notarized) that they see you coming/going and `believe' that this is your sole residence. Couldn't hurt, but no idea how much it would help. Being married with a child together certainly helps.

 

[armoured]

I was just thinking if I want to add myself to the lease the landlord probably doesn’t have an issue with that but that’s only 1 document. I can’t add myself onto the utilities because I don’t have proper status here.

I think we need to separate here - you seem to be trying very hard to qualify / show you are living together under the checklist imm5533, subsection 7?

You don't really need to freak out about it, show what you can and write a short explanation (can't get most of these things because on a visitor's visa). Lots of people have that, it's not a big deal if other evidence is strong (my own app was like that).

Same iwth the subsection e, showing more evidence if you don't have all four checked. Probably 90% + of all applicants have to. It's a bit more time consuming but not hard.

 

[MJSPARV]

You said spouse, right? If you're legally married the burden of proof here is more focused on showing a genuine relationship not cohabitation.* You have a child together, which helps. You presumably have proof of living together before returning to Canada, you have a great reason for why you may not have as many documents showing a common address. If you have ordered anything online and have online receipts showing delivery to the address under your name etc that would be helpful. Provide what you can, ask the landlord about having you added to the lease (even if not a lease-holder you can often be added as a resident by the landlord), and then write a short explanation letter as armoured suggested and don't stress too much about that.

*Yes I believe that there's a checklist of documents to show you're living together if you're married but it's still a bit different from if you were applying common law and HAVE to proof continuous cohabitation for at least 12 months. You can apply without actually living together if you are legally married.

 

[Ponga]

You said spouse, right? If you're legally married the burden of proof here is more focused on showing a genuine relationship not cohabitation.* You have a child together, which helps. You presumably have proof of living together before returning to Canada, you have a great reason for why you may not have as many documents showing a common address. If you have ordered anything online and have online receipts showing delivery to the address under your name etc that would be helpful. Provide what you can, ask the landlord about having you added to the lease (even if not a lease-holder you can often be added as a resident by the landlord), and then write a short explanation letter as armoured suggested and don't stress too much about that.

*Yes I believe that there's a checklist of documents to show you're living together if you're married but it's still a bit different from if you were applying common law and HAVE to proof continuous cohabitation for at least 12 months. You can apply without actually living together if you are legally married.

Yes, it is a bit easier for a married person, but they still have to [somehow] prove/convince CIC that they are living together at the time that the application is submitted. The prior Condition 51 that required sponsored spouses and common-law partners to live together for 2 years afterwards has been eliminated, but the burden of proof to obtain a spousal sponsorship PR has not.

 

[armoured]

*Yes I believe that there's a checklist of documents to show you're living together if you're married but it's still a bit different from if you were applying common law and HAVE to proof continuous cohabitation for at least 12 months. You can apply without actually living together if you are legally married.

Thanks, this is what I was trying to emphasize - it's absolutely critical for common law cases (at least residing or have resided together).

As noted, it is important for inland cases to show living together (requirement of inland), but an explanation of why some things are not available may serve.

He's right though that adding the visitor to the lease should be possible - or at least an acknowledgement that living there - and key note, this does NOT have to be back-dated or anything, it can be a lease modification eg as of the day of submitting the application.

 

[MJSPARV]

Yes, it is a bit easier for a married person, but they still have to [somehow] prove/convince CIC that they are living together at the time that the application is submitted. The prior Condition 51 that required sponsored spouses and common-law partners to live together for 2 years afterwards has been eliminated, but the burden of proof to obtain a spousal sponsorship PR has not.

Assuming they're applying inland. If applying outland then I don't think it's required to show cohabitation at all. If applying outland from within Canada may be a cohabitation requirement - we did outland from outside Canada so that's what I'm most familiar with

 

[YVR123]

Assuming they're applying inland. If applying outland then I don't think it's required to show cohabitation at all. If applying outland from within Canada may be a cohabitation requirement - we did outland from outside Canada so that's what I'm most familiar with

part of inland application is to show that sponsor and PA live together in Canada. So yes. it's a requirement.

 

[Ponga]

But many people that are in Canada apply with an Outland application, since Inland processing times are usually tortoise like in terms of processing speed.

 

[YVR123]

But many people that are in Canada apply with an Outland application, since Inland processing times are usually tortoise like in terms of processing speed.

I actually saw a few really fast approval for inland recently. It's hard to guess the IRCC processing time...

 

[MJSPARV]

But many people that are in Canada apply with an Outland application, since Inland processing times are usually tortoise like in terms of processing speed.

Yep. I read back and I don't see that op ever said if they're doing inland or outland, hence why I posted that it does matter if inland or outland.