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Penalty for not declaring common-law spouse

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pzb View Drop Down
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Joined: 26 Jan 2010
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    Posted: 26 Jan 2010 at 10:20pm
I moved to Canada in January of 2005, on a NAFTA intra-company transfer work permit.  I moved in with my girlfriend the same month.  She is a permanent resident as well (already had her PR when I met her).  I applied as a FSW in March/April 2006 and landed in December 2006.  We got married in 2008.  I did not include her on the PR application and she is not listed on my COPR.

I have been working with an accountant recently on fixing a couple of tax returns, and the accountant suggested that we might have qualified as common law married for tax purposes prior to being married.

My question is what impact would it have if we filed/amended tax returns to show as common-law prior to my landing?  Would it causes issues with either of our PR status?
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pmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jan 2010 at 10:49pm
Hi

Originally posted by pzb pzb wrote:

I moved to Canada in January of 2005, on a NAFTA intra-company transfer work permit.  I moved in with my girlfriend the same month.  She is a permanent resident as well (already had her PR when I met her).  I applied as a FSW in March/April 2006 and landed in December 2006.  We got married in 2008.  I did not include her on the PR application and she is not listed on my COPR.I have been working with an accountant recently on fixing a couple of tax returns, and the accountant suggested that we might have qualified as common law married for tax purposes prior to being married.My question is what impact would it have if we filed/amended tax returns to show as common-law prior to my landing?  Would it causes issues with either of our PR status?


Not really as she was already a PR so she didn't have to be included in your application, although you should have mentioned her. CIC won't care at this point.

PMM
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