Will the benefits be reassessed by the CRA

[aj_mishra]

Hello,
I am planing on applying for permanent residency through common law as we have been together for 2 years and have a child together, but my partner is hesitant as she has 2 other kids and she has been getting child benefits for them and we are thinking that applying in common law will put u through a reassessment of her benefits and they she will have to pay back the government if we disclose that we have lived together for over 2 years.
My work permit is about to expire and i will have to leave the country and i wont be able to apply for experss entry for 2 years as my experss entry application reticently got rejected.
Please help me with an answer
If the recalculation of the benefits happen I as an applicant am ready to sign papers to pay it off after the open work permit but I am still looking for an answer
Thank you

 

[scylla]

Hello,
I am planing on applying for permanent residency through common law as we have been together for 2 years and have a child together, but my partner is hesitant as she has 2 other kids and she has been getting child benefits for them and we are thinking that applying in common law will put u through a reassessment of her benefits and they she will have to pay back the government if we disclose that we have lived together for over 2 years.
My work permit is about to expire and i will have to leave the country and i wont be able to apply for experss entry for 2 years as my experss entry application reticently got rejected.
Please help me with an answer
If the recalculation of the benefits happen I as an applicant am ready to sign papers to pay it off after the open work permit but I am still looking for an answer
Thank you

I'm not sure if her child benefits will be impacted hopefully someone else can answer that.

Why can't you reapply for Express Entry for two years? If you were refused, you can reapply immediately unless you were issued a misrepresentation ban.

 

[Buletruck]

So her lying to CRA on her income tax is the concern? I don’t know that CRA and IRCC spend much time reviewing each other’s document, but given recent efforts by CRA to recoup lost revenue, it might come up. I doubt it would affect sponsorship, but an audit from CRA is a possibility. CRA doesn’t care who pays it, just that the penalty is paid.

 

[scylla]

Hello,
I am planing on applying for permanent residency through common law as we have been together for 2 years and have a child together, but my partner is hesitant as she has 2 other kids and she has been getting child benefits for them and we are thinking that applying in common law will put u through a reassessment of her benefits and they she will have to pay back the government if we disclose that we have lived together for over 2 years.
My work permit is about to expire and i will have to leave the country and i wont be able to apply for experss entry for 2 years as my experss entry application reticently got rejected.
Please help me with an answer
If the recalculation of the benefits happen I as an applicant am ready to sign papers to pay it off after the open work permit but I am still looking for an answer
Thank you

Something I just thought of now is that she will need to have declared that she is common law in her tax return in order to be able to sponsor you for PR. Has she done this? If not, she needs to refile her taxes for 2018 and declare you as her common law partner in order to sponsor you. I would get on that asap.

 

[canuck_in_uk]

Hello,
I am planing on applying for permanent residency through common law as we have been together for 2 years and have a child together, but my partner is hesitant as she has 2 other kids and she has been getting child benefits for them and we are thinking that applying in common law will put u through a reassessment of her benefits and they she will have to pay back the government if we disclose that we have lived together for over 2 years.
My work permit is about to expire and i will have to leave the country and i wont be able to apply for experss entry for 2 years as my experss entry application reticently got rejected.
Please help me with an answer
If the recalculation of the benefits happen I as an applicant am ready to sign papers to pay it off after the open work permit but I am still looking for an answer
Thank you

Yes, her benefits will be reassessed. She is committing tax fraud. You were both legally required to inform IRCC of your changed marital status within 30 days of becoming common-law so that benefits/credits could be recalculated based on family income.

If she wants to avoid penalties, she should inform IRCC and repay any benefit she received that she didn't actually qualify for.

 

[canuck78]

You also should be filing as common law when you file your taxes as well. Again as pointed out this isn’t optional you are common law. Better to correct your error now.