Author Topic: Common Law Marriage in the Canadian Forces - Mega Thread  (Read 152058 times)

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Offline Taclem

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Questions about training.
« Reply #375 on: March 03, 2017, 13:43:40 »
Hi, I'm not sure if this is where I'd post this and I've tried searching everything and don't get the exact answer I'm looking for so I'm hoping I can get my answer here. So basically my boyfriend/common law of three years just finished basic and is now going to gagetown for engineer training. Is it possible for me to live with him there or is it similar to basic where he's on the base and can only leave weekends. I'm sorry for any confusion. Any information on his trade training and what I can expect from home is greatly appreciated.

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Re: Questions about training.
« Reply #376 on: March 03, 2017, 14:04:11 »
So basically my boyfriend/common law of three years just finished basic and is now going to gagetown for engineer training. Is it possible for me to live with him there or is it similar to basic where he's on the base and can only leave weekends.

See also,

Sticky,

Common Law Marriage in the Canadian Forces - Mega Thread 
https://army.ca/forums/index.php/topic,25612.375.html
15 pages.
Does living together as common law work when they're in trade school? So my boyfriend who I lived with for a year, both names on the lease, just left bmq and started his trade training in gagetown, am I able to move with him or will I have to wait until he's done?

few questions from a military girlfriend!
https://army.ca/forums/index.php?topic=111106.0
Quote from: astrokara on June 27, 2013, 11:03:30
my boyfriend is currently in St-Jean and will complete his training next month. From there he is going to Borden for a year, and I would love to go up there with him.

The adventures of bekkamgov and her Boyfriend 
http://army.ca/forums/index.php/topic,94583.0/nowap.html
"my boyfriend is in basic training is in basic training right now after he is done we are thinking of getting a pmq in borden where he is doing his training for supply tech..we did live together for a year but i moved out before he joined the army back to my parents but we were having financal trouble. we have been together for 5 years now and have a 3 year old. we are planning to get married sometime soon. but i was wondering if anyone knows if we could get a pmq.it has been so had on our son being away from his dad."
4 pages.
Locked.

girlfriends/wives
https://army.ca/forums/index.php?topic=117420.0
Quote from: medeiros87 on January 03, 2015, 22:50:35
I have a question regarding when I'm able to move my girlfriend to live with me after bmq.

Girlfriend
https://www.google.ca/search?q=site%3Aarmy.ca+boyfriend&sourceid=ie7&rls=com.microsoft:en-CA:IE-Address&ie=&oe=&rlz=1I7GGHP_en-GBCA592&gfe_rd=cr&ei=v8K5WPriDeSM8QeR1aSQBw&gws_rd=ssl#q=site:army.ca+girlfriend&*

Boyfriend
https://www.google.ca/search?q=site%3Aarmy.ca+boyfriend&sourceid=ie7&rls=com.microsoft:en-CA:IE-Address&ie=&oe=&rlz=1I7GGHP_en-GBCA592&gfe_rd=cr&ei=v8K5WPriDeSM8QeR1aSQBw&gws_rd=ssl#

« Last Edit: March 03, 2017, 15:13:59 by mariomike »
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Offline Taclem

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #377 on: March 03, 2017, 14:14:59 »
Does living together as common law work when they're in trade school? So my boyfriend who I lived with for a year, both names on the lease, just left bmq and started his trade training in gagetown, am I able to move with him or will I have to wait until he's done?


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Offline Taclem

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #378 on: March 03, 2017, 14:34:56 »
@mariomike thank you!


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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #379 on: March 03, 2017, 14:38:06 »
@mariomike thank you!

You are welcome. Good luck.  :)
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Offline paleomedic

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Re: Questions about training.
« Reply #380 on: March 03, 2017, 14:58:36 »
There can be exceptions, but generally speaking, until the member is out of the training system and posted to their first base, they are required to live in barracks with the rest of their course.

Offline Eye In The Sky

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #381 on: March 03, 2017, 16:28:16 »
Does living together as common law work when they're in trade school? So my boyfriend who I lived with for a year, both names on the lease, just left bmq and started his trade training in gagetown, am I able to move with him or will I have to wait until he's done?


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Most likely you won't be able to join him while he is on course, unless the course is a very long time and the posting restrictions that normally happen between BMQ and being qualified in his occupation (trades training).  By it being Gagetown, I'm assuming he will be posted once he is done training...what trade is he if you don't mind telling us?

If he hasn't already, he will have to submit the documentation and request to have your common law marriage recognized by the CAF, at which time you officially be considered common-law.

"Stop telling everyone I'm an *******; I like to see the look on their face when they realize it for themselves..."

Offline Taclem

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #382 on: March 03, 2017, 17:47:30 »
Combat engineer!


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Offline Taclem

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #383 on: March 03, 2017, 18:25:06 »
He said he'll be there for a year if this changes anything


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Offline Taclem

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Re: Questions about training.
« Reply #384 on: March 03, 2017, 18:46:11 »
There can be exceptions, but generally speaking, until the member is out of the training system and posted to their first base, they are required to live in barracks with the rest of their course.

Well he's going for combat engineer. He's there now, his course doesn't start until may and they said it could run 6-12 months. Would they make an exception for a situation like this? Where we'll be separated for a year?


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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #385 on: March 03, 2017, 22:10:15 »
It might...there are usually specific training establishment guidelines on some of this stuff.  I'd be guessing if I said I knew what the CFSME ones are (CF School of Military Engineering), but there might be a few folks on here that know and will read this.

Worst he can do is ask his superiors when he gets there about getting common law status and if there is any chance of a posting restriction amendment once he is in Gagetown.

Hang tough, the road can seem to go by slow at times while the training stuff at first goes by slowwwwwwwwwwwwwly for the member and their family.   8)
"Stop telling everyone I'm an *******; I like to see the look on their face when they realize it for themselves..."

Offline Taclem

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #386 on: March 03, 2017, 23:45:00 »
It might...there are usually specific training establishment guidelines on some of this stuff.  I'd be guessing if I said I knew what the CFSME ones are (CF School of Military Engineering), but there might be a few folks on here that know and will read this.

Worst he can do is ask his superiors when he gets there about getting common law status and if there is any chance of a posting restriction amendment once he is in Gagetown.

Hang tough, the road can seem to go by slow at times while the training stuff at first goes by slowwwwwwwwwwwwwly for the member and their family.   8)
Thank you very much for the advice, I appreciate it.

Offline screwed416

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #387 on: March 12, 2017, 18:23:29 »
Hi all,

Have a question in case anyone has ever come across a situation like this. What happens if a member is cohabiting with their partner (civilian if that makes any difference) and they get an outcan posting before the initial one year cohabitation period? Can the cohabitation period carry on as normal if their partner goes to live with them outcan (obviously their partner would be on their own as far as support from the government and DND is concerned). Thanks for any help.

Offline AK

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #388 on: March 16, 2017, 08:14:12 »
Screwed416,

There isn't a simple answer to your question so you had best talk to the supporting unit for your posting.  Depending on the location of your OUTCAN posting, it could be more or less complicated.  The visa requirements vary from country to country and if your spouse wants to work, it gets even more difficult.  Crossing international borders is getting more and more complex.

Go to the professionals and plan accordingly.

Cheers,

AK

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #389 on: March 16, 2017, 08:29:55 »
Or you can get married, but do it quickly if you want to have the administrative necessities finished in time for this year's posting season.

"Get married" runs contrary to my usual advice, but the legal status is the same once a common-law relationship exists anyway.

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #390 on: March 16, 2017, 09:03:12 »
"Get married" runs contrary to my usual advice, but the legal status is the same once a common-law relationship exists anyway.

Now, if you must marry, take care she is old --
A troop-sergeant's widow's the nicest I'm told,
For beauty won't help if your rations is cold,
   Nor love ain't enough for a soldier.
      'Nough, 'nough, 'nough for a soldier . . .
 
If the wife should go wrong with a comrade, be loath
To shoot when you catch 'em -- you'll swing, on my oath! --
Make 'im take 'er and keep 'er:  that's Hell for them both,
   An' you're shut o' the curse of a soldier.
      Curse, curse, curse of a soldier . . .
https://www.poetryloverspage.com/poets/kipling/young_british_soldier.html
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Offline Pusser

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Re: Common Law Marriage in the Canadian Forces - Mega Thread
« Reply #391 on: March 23, 2017, 10:02:45 »
Or you can get married, but do it quickly if you want to have the administrative necessities finished in time for this year's posting season.

"Get married" runs contrary to my usual advice, but the legal status is the same once a common-law relationship exists anyway.

Yes, I would say that in this case especially, get married before you go (i.e. run down to the courthouse and sign the papers) BEFORE your COS date.  It makes everything so much easier.  Some countries don't recognize common-law relationships, so that could affect your spouse's ability to work and even their ability to live in the OUTCAN country (i.e. they may not be recognized as a dependant).  Furthermore, many benefits depend on COS date.  If you are married prior to COS date, you will get different rates for several benefits (e.g. rent allowance, shelter share, utility share, post living allowances, Vacation Travel Allowance etc.) than if you are single.  Getting "married" after COS (i.e. having your common-law status recognized), might not increase them to the married rates as dependant benefits often don't kick in until the NEXT posting.
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Offline JToyts

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Common Law Status Question
« Reply #392 on: April 27, 2017, 12:02:25 »
As I got the call saying I got the job my recruiter asked me if I had a martial status like common law or married. My gf and I have lived together for the past few years but we have moved cities and live in a basement apartment of her step dads house. He allows us to stay there for free so we do not have a lease or mortgage papers to prove that we are common law. My question is if I show them that we have the same address on our drivers licenses and a few bills such as our car insurance or something, is this enough to be considered common law or will they still process me as "Single" status?
Recruiting Centre: Barrie, Ontario
Regular/ Reserve: Regular
Officer/NCM: NCM
Trade choice: Combat Engineer
Trade choice: Artillery Soldier
Trade choice: Armoured Crewman
Applied: November 14th, 2016
Further processing: November 18th, 2016
CFAT: November 29th 2016 (Passed)
Medical: January 24th 2017
Interview: January 24th 2017
Merit Listed: March 15th 2017
Position offered: April 11th 2017 (Artillery Soldier)
Swearing in: July 11th 2017
BMQ: July 24th 2017

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Re: Common Law Status Question
« Reply #393 on: April 27, 2017, 12:05:18 »
You may find this discussion helpful,

Common Law Marriage in the Canadian Forces - Mega Thread 
https://army.ca/forums/index.php?topic=25612.275
16 pages.

As always,  Recruiting is your most trusted source of information.
« Last Edit: April 27, 2017, 12:25:47 by mariomike »
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Offline Ryan_T

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Re: Common Law Status Question
« Reply #394 on: April 27, 2017, 12:09:22 »
Get her dad to draft up an agreement. You will need it to show you are still living together as common law. Thats what my recruiter informed me to do. They need all docs

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Offline Lumber

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Re: Common Law Status Question
« Reply #395 on: April 27, 2017, 12:30:49 »
Get her dad to draft up an agreement. You will need it to show you are still living together as common law. Thats what my recruiter informed me to do. They need all docs

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Do not get her dad to draft up an agreement. There is absolutely zero requirement for this, and while the agreement would make things go more smoothly, it will perpetuate a practice that is unnecessary and incorrect.

In order to be legally considered common law in the military, you must cohabitate with your spouse for 1 year (it's a little more complicated than that, but that's the gist of it). The length of time required for by civilian government depends on which province you are in.

What is extremely important is that none of these laws state that to be "cohabiting"  you have to be paying rent together, have a mortgage together, or have a lease together. Further, you don't even have to be paying rent/mortgage yourself. If my permanent address is my parent's basement and I pay no rent, than that is my permanent address. How many people in this world own a house, or have an apartment, and their spouse's name does not appear anywhere on the relevant documents? How many people have spouses who don't actually work? What about spouses that don't work, don't drive, so that there names don't appear on the lease/mortgage, nor do they have a licence or bill that has their permanent address on them. Are these people ineligible for "common law" status? No, they are absolutely eligible.

All you need to do is submit a Statutory Declaration stating that you two live together. Period.

If the OR says that your names have to appear on some sort of lease/deed in order to be eligible for common law status, tell them to stuff it.
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Offline Ryan_T

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Re: Common Law Status Question
« Reply #396 on: April 27, 2017, 12:41:17 »
I disagree. Ive been living common for many many yrs. And even my recruiter said they need documentation showing that you are still living together. I recommend talking to your recruiter to see what he/she wants. Here in BC, if its not documented, your not legally common law. I checked with my recruiter, he needed to see the docs showing that we in fact have been together for all these yrs. So a drafted by the dad or any doc showing you are still living together could be acceptable. I had to show proof my 1st time in, and with re-enrollment i had to show them i was still comon law.

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Offline Lumber

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Re: Common Law Status Question
« Reply #397 on: April 27, 2017, 13:00:05 »
I disagree. Ive been living common for many many yrs. And even my recruiter said they need documentation showing that you are still living together. I recommend talking to your recruiter to see what he/she wants. Here in BC, if its not documented, your not legally common law. I checked with my recruiter, he needed to see the docs showing that we in fact have been together for all these yrs. So a drafted by the dad or any doc showing you are still living together could be acceptable. I had to show proof my 1st time in, and with re-enrollment i had to show them i was still comon law.

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You're missing the point.

Yes, you have to provide proof that your are cohabiting and have been cohabiting for 1 year or more.

What is fundamental untrue is the idea that  in order to qualify as cohabitating that you need your names to appear on a lease or deed.

Making up a lease when there isn't one might actually be fraudulent.
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Offline Buck_HRA

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Re: Common Law Status Question
« Reply #398 on: April 27, 2017, 13:01:26 »
Time for a Clerk to weigh in that has processed MANY common law status requests including one for myself.

In accordance with the Military Human Resources Records Procedures (MHRRP) the ONLY documents required to claim common law status is the request form itself and the statutory declaration.  There is NO requirement to provide a lease/mortgage document to prove that you have been co-habiting as a couple for the process, in every single common law status request that I have processed (including my own) I have yet to ever have a lease/mortgage attached to the package.

I have heard this requirement from many clerks these days and I have informed each and everyone one of them that they are not inline with the MHRRP when that state that this is a requirement.  Whoever is stating that this is a requirement may want to have a read of MHRRP Chapter 62 and QR&O 1.075.

Offline Ryan_T

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Re: Common Law Status Question
« Reply #399 on: April 27, 2017, 13:03:47 »
You're missing the point.

Yes, you have to provide proof that your are cohabiting and have been cohabiting for 1 year or more.

What is fundamental untrue is the idea that  in order to qualify as cohabitating that you need your names to appear on a lease or deed.

Making up a lease when there isn't one might actually be fraudulent.
Thats why you get a prov rental agreement and sign it. A normal letter would most likely be considered as fraud depending. Ive been going through that for over 20yrs, lol. I learned all about it when i did my residential tenancy course. However, many prov's have their own terms/acts of how to go abouts tenancy.

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