question on marital status

[leschiong]

i have query about which marital status to use, my brother in canada sponsor my family way back 2006 and at time my brother declare me as single in the application, within the period of time from 2006-2008, i applied for working visa unfortunately bad to say it was denied but on the application of working permit i use the marital status as commom-law, now the petition of my brother was already been approve in canada and we are now on process preparing the documents and submit to the embassy, we are confused which marital status to use either single or common-law?, if single will i still declare my partner and daughter?. any help is much appreaciated.thanks

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
(under section A)

[PMM]

Hi

i have query about which marital status to use, my brother in canada sponsor my family way back 2006 and at time my brother declare me as single in the application, within the period of time from 2006-2008, i applied for working visa unfortunately bad to say it was denied but on the application of working permit i use the marital status as commom-law, now the petition of my brother was already been approve in canada and we are now on process preparing the documents and submit to the embassy, we are confused which marital status to use either single or common-law?, if single will i still declare my partner and daughter?. any help is much appreaciated.thanks

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
(under section A)

You are no longer eligible to be included as a dependent of your family as you are c/law and have a child.  Your brother should remove you from the application.

PMM

[leschiong]

hi PMM, i just want correct the previous statement i have, actually at the time my brother sponsored my family i was single not as my brother declared me as single as what i meantion, in between the petition process i applied for working visa which i declare still a single with common law which is my present status though i was refused for working visa but that was not the reason i was overqualified, now the petition is approve and still my status is single with common law, my question is, is my curent status can still be consider on the application?., any reply is much appreciated.

[Leon]

You can not be single with common law, you are either or.  If your brother wrote an application 3 years ago when you were single and had no children and since then you entered into a common law relationship and had a child, you need to update your application to reflect that.  When you update your application to reflect that, immigration may say that you no longer qualify as a dependent and need to be removed from the application and make your own.  If you continue with your brothers application as single, you may get into Canada but you may be banned from ever sponsoring your common law partner and your child since you did not declare them.

[leschiong]

Hi Leon, thank you for the reply, i have a follow-up questions.

1. If i continue with my brother application as single, is there a possibility that it would affect or contradict with my previous working visa application which i declared commom-law?

2. My brother sponsor my family including my father, mother and brother (they meet the requirements), in case i will be refuse would it affect there application or just me?

Thank you again for any reply.
 

[PMM]

Hi

Hi Leon, thank you for the reply, i have a follow-up questions.

1. If i continue with my brother application as single, is there a possibility that it would affect or contradict with my previous working visa application which i declared commom-law?

2. My brother sponsor my family including my father, mother and brother (they meet the requirements), in case i will be refuse would it affect there application or just me?

Thank you again for any reply.
 

If your refused and your parents don't remove you from the application, then they will be refused as well.  Yes they see your marital declaration on your work permit application.  As you have to declare the refusal on your application.

PMM

[Looki]

Read through these:

http://www.ccrweb.ca/documents/excludedfam.pdf

http://immlawyer.blogs.com/my_weblog/2008/08/s1179d-the-iad-and-applications-under-s25.html