What is our status now?

[Graihn]

Maybe not relevant to this part of the forum, or even this site, but, whatevvaaahhh

So, I left Canada in February, we had applied for a PR for me as common-law in January. My partner now sold his condo, and is getting an apartment instead for a year, so that when I am back we will only have about 6 months in that place and then we can go wherever my job takes me.

Anyhooooo, the lawyer handling the transaction Buyer <--> Seller is asking my partner his marital status, my first instinct was "common-law", but technically that is not correct. Should be single.

My question is; can that come back and bite us in the ass somehow? If the lawyer updates whatnot that is reflecting that on to CRA. Could it somehow come up later down the road when it is time to process my application (hopefully they start in June at least) and they would be like "Oh, ok, I see that the sponsor's status here and there is now single, let's DENY this application for PR". ?

*Overthinking*

 

[Ponga]

Maybe not relevant to this part of the forum, or even this site, but, whatevvaaahhh

So, I left Canada in February, we had applied for a PR for me as common-law in January. My partner now sold his condo, and is getting an apartment instead for a year, so that when I am back we will only have about 6 months in that place and then we can go wherever my job takes me.

Anyhooooo, the lawyer handling the transaction Buyer <--> Seller is asking my partner his marital status, my first instinct was "common-law", but technically that is not correct. Should be single.

My question is; can that come back and bite us in the ass somehow? If the lawyer updates whatnot that is reflecting that on to CRA. Could it somehow come up later down the road when it is time to process my application (hopefully they start in June at least) and they would be like "Oh, ok, I see that the sponsor's status here and there is now single, let's DENY this application for PR". ?

*Overthinking*

If you applied for your PR under the Spousal Sponsorship program as a Common-Law couple, why would you not be a Common-Law couple `today' as well? Even if you are no longer cohabiting, are you not still in that same CL relationship?

Why not tell the lawyer that you are CL, but living in different locations? Isn't that possible...for a couple to live together for 12 months, to become eligible, and then separate for work (which if I recall, is exactly why you returned to Sweden)?

More than likely this transaction will get reported to CRA and you're very astute to be thinking about this sooner than later!

 

[Graihn]

If you applied for your PR under the Spousal Sponsorship program as a Common-Law couple, why would you not be a Common-Law couple `today' as well? Even if you are no longer cohabiting, are you not still in that same CL relationship?

Why not tell the lawyer that you are CL, but living in different locations? Isn't that possible...for a couple to live together for 12 months, to become eligible, and then separate for work (which if I recall, is exactly why you returned to Sweden)?

More than likely this transaction will get reported to CRA and you're very astute to be thinking about this sooner than later!

Ok thanks! Really we are conjugal partners tho, right?
I will tell the lawyer common law, if he needs more details I will bring up the "not cohabiting" i mean, he is listed as common law on CRA, so why say something else

 

[Ponga]

Ok thanks! Really we are conjugal partners tho, right?
I will tell the lawyer common law, if he needs more details I will bring up the "not cohabiting" i mean, he is listed as common law on CRA, so why say something else

No, I don't believe that you are conjugal partners, because it was your choice to leave Canada and return to Sweden to work.
Don't make things even more complicated by throwing the conjugal partner label into the mix now! LOL!

 

[Graihn]

No, I don't believe that you are conjugal partners, because it was your choice to leave Canada and return to Sweden to work.
Don't make things even more complicated by throwing the conjugal partner label into the mix now! LOL!

How 'bout; Commonly known by law as conjugal spousal partners?

 

[Ponga]

How 'bout; Commonly known by law as conjugal spousal partners?

*smacking forehead repeatedly*
No, no no!!

Why even introduce anything other than Common-Law...which is what you are!
A simple, single-sentence explanation is all you need to provide to the lawyer.

You even said yourself that your partner has changed his status with CRA to CL.

 

[Graihn]

*smacking forehead repeatedly*
No, no no!!

Why even introduce anything other than Common-Law...which is what you are!
A simple, single-sentence explanation is all you need to provide to the lawyer.

You even said yourself that your partner has changed his status with CRA to CL.

Hehe, I guess I should have added a ;-) so you knew I was trying to be funny

Yes already told lawyer common-law!

Cheerio!

 

[jomz]

Hehe, I guess I should have added a ;-) so you knew I was trying to be funny

Yes already told lawyer common-law!

Cheerio!

The only reason his lawyer needs to know his marital status is because you now as his common law will need to consent to the sale if this is where you lived, making it a "matrimonial home" or your spouse can say that this was not the primary residence (some lawyers accept this only if lets say your spouse has multiple owned homes/condos). If your partners lawyer is going to do his job right, you will need to sign the transfer documents as a "consenting spouse".

 

[Rob_TO]

The only reason his lawyer needs to know his marital status is because you now as his common law will need to consent to the sale if this is where you lived, making it a "matrimonial home" or your spouse can say that this was not the primary residence (some lawyers accept this only if lets say your spouse has multiple owned homes/condos). If your partners lawyer is going to do his job right, you will need to sign the transfer documents as a "consenting spouse".

Different aspects of government have different definitions of common-law.

For example the CRA and CIC use definitions of 1-year cohabitation.

But most provinces use a definition of 3-years cohabitation to define common-law when it comes to spousal rights (i.e. benefits upon death of a spouse, splitting assets or getting support payments after separation etc).
i.e. here is Ontario's law, which is 3 years: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90f03_e.htm#BK35
http://www.commonlawrelationships.ca/ontario/

So one could be common-law for CIC purposes or doing taxes, but NOT common-law for other legal purposes.

 

[Graihn]

The only reason his lawyer needs to know his marital status is because you now as his common law will need to consent to the sale if this is where you lived, making it a "matrimonial home" or your spouse can say that this was not the primary residence (some lawyers accept this only if lets say your spouse has multiple owned homes/condos). If your partners lawyer is going to do his job right, you will need to sign the transfer documents as a "consenting spouse".

Hope he doesnt do his job right then....

I am going to be so happy when this whole thing is over, and I am a PR