What is a common-law partner?

[mira_johnson]

Hello

I have two questions regarding the PR-application under the skilled federal worker program in the case that you are given an invitation to apply.

1.) What do they mean with "common-law partner"? Basically, is it enough having lived with your boyfriend for one year? Or do you need to be engaged to marry? Do you need to have shared economy or share life insurance plans? Where does the line cross?

2.) Assuming you do have a common-law partner, why do they need them to perform a medical exam if they are not joining your application? When I read it I almost thought I misinterpret the information. Its just confusing to me.

Please help me gain some clarity! Thanks in advanced!

 

[scylla]

1) Common law partner is someone you have lived with for one year or more.
2) Yes - your common law partner must complete the medical even if they are not accompanying you to Canada.

 

[zardoz]

Hello

I have two questions regarding the PR-application under the skilled federal worker program in the case that you are given an invitation to apply.

1.) What do they mean with "common-law partner"? Basically, is it enough having lived with your boyfriend for one year? Or do you need to be engaged to marry? Do you need to have shared economy or share life insurance plans? Where does the line cross?

2.) Assuming you do have a common-law partner, why do they need them to perform a medical exam if they are not joining your application? When I read it I almost thought I misinterpret the information. Its just confusing to me.

Please help me gain some clarity! Thanks in advanced!

1) For all intents and purposes, common-law should be viewed as "married and cohabiting, without the paperwork". Living as just "roommates" for example wouldn't really qualify. You need to show that you have that depth of interdependence, using whatever evidence is available and would convince a cynical immigration officer.
2) All dependants must undergo the examination, accompanying or non-accompanying. This is to deselect applications where there may be an excessive demand on Canada's public health resources. These excessive demand requirements are exempted for a later Family Class Sponsorship application, so they are done as a mandatory part of economic immigration examination. This closes a loophole in the process.

 

[mira_johnson]

1) For all intents and purposes, common-law should be viewed as "married and cohabiting, without the paperwork". Living as just "roommates" for example wouldn't really qualify. You need to show that you have that depth of interdependence, using whatever evidence is available and would convince a cynical immigration officer.
2) All dependants must undergo the examination, accompanying or non-accompanying. This is to deselect applications where there may be an excessive demand on Canada's public health resources. These excessive demand requirements are exempted for a later Family Class Sponsorship application, so they are done as a mandatory part of economic immigration examination. This closes a loophole in the process.

Thank you for the more thorough information. My concern is also how to prove that I do not have a common-law partner, as I'm sure they may react to that too, given I am living with my partner.

If a common-law partner is what scylla mentioned, than you are common-law partners no matter what as long as you have lived together for one year. In this way, the advice from the two of you contradicts. ???

 

[scylla]

If a common-law partner is what scylla mentioned, than you are common-law partners no matter what as long as you have lived together for one year. In this way, the advice from the two of you contradicts. ???

Our information doesn't contradict itself. If you are in a relationship with someone and you have been living together with that person for a year or more - you are common law and must include that individual in your application. If you have a common law partner, why are you trying to exclude them from your application? This can only lead to big problems for both of you later.

 

[mira_johnson]

Our information doesn't contradict itself. If you are in a relationship with someone and you have been living together with that person for a year or more - you are common law and must include that individual in your application. If you have a common law partner, why are you trying to exclude them from your application? This can only lead to big problems for both of you later.

According to zardoz, a common-law should be viewed as "married and cohabiting". Not all couples living together for a year or more are at this level in their relationship. I realize that in some countries, cultures or religions this should be the case, but not all.

Perhaps the meaning of the word "cohabiting" is unclear to me.

 

[scylla]

According to zardoz, a common-law should be viewed as "married and cohabiting". Not all couples living together for a year or more are at this level in their relationship. I realize that in some countries, cultures or religions this should be the case, but not all.

Perhaps the meaning of the word "cohabiting" is unclear to me.

Cohabitating means living together as a couple at the same address. The level of commitment in your relationship is immaterial. If you are in a relationship and living at the same address (or addresses) for a year or more, you are common law in CIC's eyes.

Tread extremely carefully. If you fail to declare a common law partner and add that common law partner to your application - you are committing misrepresentation (CIC's word for lying in your application). This has two consequences: (1) you will never be able to sponsor that individual for PR later; (2) you will be committing fraud in obtaining your own PR status by stating you are single when you are actually common law which can lead to your PR status being refused / revoked.

 

[EFK]

But is a live-in boyfriend/girlfriend really considered common law? As OP said, what if they have just been living together for a year, but do not file taxes together, have joint bank accounts, or any such thing... in a sense, it is really just a boyfriend/girlfriend relationship, with no immediate intent to marry.... there is no legally binding relationship... is that considered common law?
I'm just asking out of curiosity.. in my country, common law is illegal... even unmarried men and women living together is illegal.. but people are together in serious relationship for several years before marriage.... and may have a tighter relationship than the kind OP is referring to....so I really wonder how does one declare common law? and would it really be misrepresentation? Because, technically and legally, the person is 100% single.. there is nothing in their background (Except maybe photos, texts and emails... which can be with any normal non-cohabitating relationship) that will point to them having a partner...