common law spouse OR spouse sponsorship application

[Shoroo]

Hello everyone,

I need some suggestion on my situation. I came to Canada on study permit in 2023 then had a pgwp which is now expired. I was working full time during that period. Now I have visitor visa until 2027. I met my husband/common law partner in 2023, he previously sponsored his first wife but was separated with her at that time. Because he was not legally divorced, he couldnot legally marry me but religiously we got married (Verbal Nikkah). he has filed for divorce and it's been in process for five months. we would legally get married once his divorced is finalized.

The undertaking period from previous sponsorship is over now and he can sponsor me as common law partner as we have been living together for more than a year now. we have our drivers licence, tax return, mails on the same address. we don't have a rental agreement nor does we have any utility bills on our names. He also recently opened a joint account with me. Are all these things enough to prove our relationship. I can't show our marriage because we don't have any proof for that plus he is still not legally divorced.

What would be the best option for us? Should we apply as a common law spouse or wait for his divorce to finalized and then legally marry here and then apply for spousal application.

I am also pregnant and my health card will expire tomorrow, I'm currently under midwifery care as it is free for all Ontario residents but they don't cover some tests and hospital bills. Suppose if I apply for common law, when will I get ohip coverage ?

Sorry for the long post, any suggestions and advices are appreciated.

Thanks.

 

[scylla]

Hello everyone,

I need some suggestion on my situation. I came to Canada on study permit in 2023 then had a pgwp which is now expired. I was working full time during that period. Now I have visitor visa until 2027. I met my husband/common law partner in 2023, he previously sponsored his first wife but was separated with her at that time. Because he was not legally divorced, he couldnot legally marry me but religiously we got married (Verbal Nikkah). he has filed for divorce and it's been in process for five months. we would legally get married once his divorced is finalized.

The undertaking period from previous sponsorship is over now and he can sponsor me as common law partner as we have been living together for more than a year now. we have our drivers licence, tax return, mails on the same address. we don't have a rental agreement nor does we have any utility bills on our names. He also recently opened a joint account with me. Are all these things enough to prove our relationship. I can't show our marriage because we don't have any proof for that plus he is still not legally divorced.

What would be the best option for us? Should we apply as a common law spouse or wait for his divorce to finalized and then legally marry here and then apply for spousal application.

I am also pregnant and my health card will expire tomorrow, I'm currently under midwifery care as it is free for all Ontario residents but they don't cover some tests and hospital bills. Suppose if I apply for common law, when will I get ohip coverage ?

Sorry for the long post, any suggestions and advices are appreciated.

Thanks.

He can sponsor you as common law.

You will qualify for OHIP once the sponsorship application is submitted and you have AOR, and subsequent to that you have applied for and received an OWP. I believe you may also need to show that you are working in a job that will employ you for at least six months.

 

[Shoroo]

He can sponsor you as common law.

You will qualify for OHIP once the sponsorship application is submitted and you have AOR, and subsequent to that you have applied for and received an OWP. I believe you may also need to show that you are working in a job that will employ you for at least six months.

are the proofs enough to apply as a common law partner?

 

[scylla]

are the proofs enough to apply as a common law partner?

That will be up to IRCC. It sounds like you have at least one year of tax returns where you filed as common law partners. Is that right? You have mail going back over a year showing the same address, yes? What else do you have that dates back at least one year?

 

[Shoroo]

That will be up to IRCC. It sounds like you have at least one year of tax returns where you filed as common law partners. Is that right? You have mail going back over a year showing the same address, yes? What else do you have that dates back at least one year?

This year we are filing our taxes as common law partner but last year we filed invidually, I have very old mails, I just need to check that again. I got my G2 in May last year but g1 was completed in 2023.

 

[Copingwithlife]

These are the requirements for ohip

since you don’t have a valid work permit then only the first bullet point would be applicable

https://www.ontario.ca/page/apply-ohip-and-get-health-card

• are applying for permanent residence in Canada and:
  • have submitted an application to Immigration, Refugees and Citizenship Canada (IRCC) and
  • IRCC has confirmed they have reviewed the application and that you meet the eligibility requirements to apply (see document requirements) and
  • you have not yet been denied
• are in Ontario on a valid work permitand are working full-time in Ontario, for an Ontario employer, for at least 6 months

 

[Copingwithlife]

….adding if you are now commonlaw your partner must call the CRA and advise them of this as it can affect any benefits credits that have been paid out

“If you are in a common-law relationship, you must inform the Canada Revenue Agency (CRA) of your marital status by the end of the month following the month your status changed, and include your partner's information on your tax return. “

Immigration looks at commonlaw for immigration purposes, the CRA looks at commonlaw for taxation purposes

Waiting to declare it on the 2024 is not good enough if the change to commonlaw happened prior to 20241231

 

[Shoroo]

….adding if you are now commonlaw your partner must call the CRA and advise them of this as it can affect any benefits credits that have been paid out

Can you elaborate more about this please.

 

[canuck78]

Can you elaborate more about this please.

https://www.canada.ca/en/revenue-ag...our-marital-status-canada-revenue-agency.html

 

[Copingwithlife]

Can you elaborate more about this please.

Benefits paid out can be based upon commonlaw status , income .
Being commonlaw versus single can cause an adjustment to benefits paid

I used to work in personal income tax for the CRA .
Commonlaw as well as moving provinces can cause a repayment situation

 

[Shoroo]

Benefits paid out can be based upon commonlaw status , income .
Being commonlaw versus single can cause an adjustment to benefits paid

I still don’t understand but I’ll ask my partner about this. But thank you so much.

 

[scylla]

This year we are filing our taxes as common law partner but last year we filed invidually, I have very old mails, I just need to check that again. I got my G2 in May last year but g1 was completed in 2023.

This feels a bit thin. Do you have any other evidence that goes back at least a year? Like tax forms or pay stubs, etc

 

[Shoroo]

This feels a bit thin. Do you have any other evidence that goes back at least a year? Like tax forms or pay stubs, etc

Last year we filed our taxes individually but on the same address. I have our pay stubs. I started working in February last year.