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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99954
Experience:  Lawyer
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Here is our situation. My partner and I have lived together

Customer Question

Here is our situation. My partner and I have lived together for 2 years from Sep 2010 - Nov 2012 in Singapore. I am a Canadian Citizen and she is a Filipino Citizen. We have established a rental lease for a house together and we have joint bank accounts. I went back to Canada in Nov 2012 and we have been in a long distance relationship ever since. I visited her twice in Dec 2013 and Dec 2015.
I did not file any tax return from 2011-2012 since I was away in Canada for that period of time. From my understanding, I only need to file my "Worldwide Income" if I have lived in Canada during 2011-2012. Since I came back, I have been filing my tax return as "SINGLE" in the years 2013-2015 due to the fact that my partner still lives in Singapore and is not a resident of Canada and she does not have an SIN to report her income. Since we were in a LDR and not living together anymore, would that affect my application if I sponsor her as my "Common Law Partner" even if I was filing my tax return as "Single"? I believe they will see my Marital Status when I submit my Option C Tax Assessment.
We both have proof that the relationship is still genuine and continuing from years 2013-2015 when we entered in a Long Distance Relationship. Keep in mind, our joint bank account is still active.
Appreciate it much.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you planning on getting married?

Customer: replied 1 year ago.
We are planning to get married in US but unfortunately her B1 Visa was rejected.
Expert:  Debra replied 1 year ago.

So could you say that you are not married right now because of immigration reasons?

So you cannot get married right now or you would?

Customer: replied 1 year ago.
She is my same sex partner. According to CIC we need to get married in a country that legally recognizes same sex marriage. On the application forms, can I still apply her as Common Law and not married even if I filed my taxes stating I was single? It's quite confusing since definition of Common Law is a marriage-like cohabitation for at least one year. And we have lived in for two years 2010-2012 outside Canada but we have been living apart for almost 4 years now 2012-2016. Like I said we do have conversation histories, financial support documents (bank statements) to prove that the relationship is still genuine and continuing.Would the application get refused due to my "SINGLE" status on my tax returns every year? Thanks for taking the time to reply on this. :)
Expert:  Debra replied 1 year ago.

You can apply as common law spouses and see if that works.

But you could also apply to as conjugal partners. You would marry if you could and will eventually but she needs to be in Canada to marry her.

You will have to prove that you are common law spouses or conjugal partners and it may be easier to prove that you are conjugal partners based on your facts.

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