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Author Topic: common-law partners  (Read 1035 times)
canadiannew
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Posts: 8


« on: September 23, 2008, 08:39:18 am »

We are expecting any day my boyfriends permanent residence card,but we are living together and in 5th October it will be one year living together and then I will qualify for his common-law partner-according to immigration law here.
My question is,should he write to immigration saying that his family situation is changed and put me in his application after 5th October and how that will affect on his application?
Or,should we wait until he gets his PR and than apply for sponsorship?
But,I am concerned if they reject his sponsorship because he did not mention me in his application?
Does anyone know anything about that or where can I found out more?
Thank you
 
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RobsLuv
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Gender: Female
Posts: 651


« Reply #1 on: September 25, 2008, 10:05:59 pm »

Careful, careful, careful!!  If he does not notify Immigration Canada that you are common-law partners BEFORE he accepts his PR visa and "lands" in Canada, you will be banned from being sponsored by him in the Family Class category.  It is imperative that he notifies CIC!  They will put a hold on his PR visa, and you will be added to his application.  Once you've been approved, you will both be able to land in Canada together. 

I cannot stress this enough - if he does not tell them about your relationship and he lands without disclosing you, he will never be able to sponsor you to Canada!!
« Last Edit: September 25, 2008, 10:07:33 pm by RobsLuv » Logged

Married Sept '06 after 4 yr LDR.  Applied via outland ap in March 2007 -  refused Jan '08 due to inadmissible adult "dependent child".  Appeal filed Jan '08; still waiting for resolution.
canadiannew
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« Reply #2 on: October 01, 2008, 10:30:00 am »

Thank you for reply and I read something about that also,but,we are in Canada both and he is on his working visa and we will become common in law partners in 10 th October officially-one year living together is than-so when you think he should notify CIC?
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RobsLuv
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« Reply #3 on: October 08, 2008, 01:21:47 pm »

He has to notify them BEFORE he lands - as soon as he notifies them his PR visa will be stopped and he will need to fill out new paperwork to add you to the application.  So I don't think there's any reason to wait - the sooner he gets the ball rolling, the sooner this will be finalized for both of you.  It doesn't matter that you're already in Canada - if he does not add you to his application, you will be barred from sponsorship later on.  They're very strict about this - read through the appeals cases by searching this CANLII website for 117(9)(d).  It's not a pretty sight.
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Married Sept '06 after 4 yr LDR.  Applied via outland ap in March 2007 -  refused Jan '08 due to inadmissible adult "dependent child".  Appeal filed Jan '08; still waiting for resolution.
Bluff Master
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Posts: 78


« Reply #4 on: October 08, 2008, 02:49:16 pm »

Rob,
I have a question. If a girl and I are bothe living together for an year after getting my PR. but the girl has no status and we both are in Canada. Can I apply for common law partner?
Thanks,
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lisad
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Posts: 1


« Reply #5 on: October 26, 2008, 10:01:15 pm »

can someone please help me.i have been together with my fiance for 4 years now.i am originally from newfoundland and he is from morocco,now residing in montreal.he has been rejected from quebec imm. and they say they won't look at his statues for another 5 years.we have been going to a lawyer now and she says to go to my home town and get married there and wait a year.i have been on social assistance for 6 months ,now i'm working though but is it to late? does anyone or can anyone help me on this topic please.
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