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Author Topic: Spous sponsorship when not married and partner entered as single  (Read 234 times)
prang
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« on: June 24, 2011, 01:19:19 pm »

My partner entered Canada and got her work permit recently. Her application form stated that her marital status was single. We're both of the Dutch nationality, been together for two years, however we did not have a combined household.

Our interpretations of the terms “marital status” was if you where married, the term “common law” that there was a legal contract for the relationship. Because this was not there, the form was completed with marital status “Single”.

Basic question is: Can her marital status still be changed from single to common law.

This to enable sponsorship options.
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chelley
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Posts: 766
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Category........: FAM
Visa Office......: Kingston Jamaica
App. Filed.......: 02-10-2009
File Transfer...: 11-11-2009
Passport Req..: 22-02-2010
VISA ISSUED...: 04-03-2010

« Reply #1 on: June 24, 2011, 02:47:23 pm »

if i understand it correctly, your girlfriend whom you've been together with for 2 years, but have never lived with, landed as single... which is the correct thing to do, you only qualify as common law if you've lived together for a year...

if she was in a common law relationship with you and entered as single, she would not be able to sponsor you at all in the future... you now have the option to co-habitate for a year or get married and she may sponsor you...

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Leon
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« Reply #2 on: June 24, 2011, 02:49:03 pm »

To be classified as common-law, you must have lived together for a year or more.  If you did not have a combined household, then you are not common-law.  What you could do is get married.  If she is on a skilled work permit, you could get an open work permit based on her permit if you are her spouse.

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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
canadianwoman
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Posts: 2856
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Category........: FAM
Visa Office......: Accra, Ghana
App. Filed.......: 30-01-2008
Interview........: 05-05-2009

« Reply #3 on: June 25, 2011, 11:53:16 am »

Basic question is: Can her marital status still be changed from single to common law.
You say 'partner', not 'girlfriend'. So were you two living together before she went to Canada? If you two lived together for a year before she 'landed' in Canada, but she declared she was single, then she cannot now change that and say you two were common law and try to sponsor you.
If you hadn't lived together for a year before she came to Canada, then you two can either get married and she can sponsor you as her spouse; or you can go to Canada as a visitor, live together for a year, and then have her sponsor you as her common-law partner.
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