Became common-law halfway through my PR processing

[ashab97]

Hi,

My girlfriend and I moved in together in July 2021, I applied for PR through PNP on April 1, 2022. I received my PR on March 8, 2023. I put "single" on my PR application since it had not yet been 1 year since we co-habituated, so we were not legally considered "common law" yet. However, my question is, since we started being considered common law on July 2, 2022, which was around halfway through my PR application processing, did I need to inform IRCC that my marital status changed? If so, how would I go about doing this now several years later?

I ask because I am now sponsoring my girlfriend for PR through common law and just want to make sure I did not mess up on my own PR application so that she does not have issues with her application.

 

[scylla]

Hi,

My girlfriend and I moved in together in July 2021, I applied for PR through PNP on April 1, 2022. I received my PR on March 8, 2023. I put "single" on my PR application since it had not yet been 1 year since we co-habituated, so we were not legally considered "common law" yet. However, my question is, since we started being considered common law on July 2, 2022, which was around halfway through my PR application processing, did I need to inform IRCC that my marital status changed? If so, how would I go about doing this now several years later?

I ask because I am now sponsoring my girlfriend for PR through common law and just want to make sure I did not mess up on my own PR application so that she does not have issues with her application.

It's too late to add her now.

You were required to declare that you were common law and to formally add her to your application before you landed and became a PR. Since you didn't do this, you can never sponsor her. She will have to qualify for PR on her own.

 

[ashab97]

It's too late to add her now.

You were required to declare that you were common law and to formally add her to your application before you landed and became a PR. Since you didn't do this, you can never sponsor her. She will have to qualify for PR on her own.

Is this true? I was not PR at the time of application so that is why I did not add her. Now we are common law and I am PR so why would I not be able to sponsor her?

 

[scylla]

Is this true? I was not PR at the time of application so that is why I did not add her. Now we are common law and I am PR so why would I not be able to sponsor her?

What matters is your status at the time of landing and becoming a PR, not your status at the time you applied for PR. If there is a change to your status during application processing, it is mandatory to notify IRCC and add your spouse to your application, including providing medical and PCCs. You technically committed misrepresentation by landing as single when you were in fact common law. However IRCC rarely does anything about this.

You can never sponsor her. This is a very well known rule.

 

[Ponga]

What matters is your status at the time of landing and becoming a PR, not your status at the time you applied for PR. If there is a change to your status during application processing, it is mandatory to notify IRCC and add your spouse to your application, including providing medical and PCCs. You technically committed misrepresentation by landing as single when you were in fact common law. However IRCC rarely does anything about this.

You can never sponsor her. This is a very well known rule.

Sad...but true.

 

[ashab97]

What matters is your status at the time of landing and becoming a PR, not your status at the time you applied for PR. If there is a change to your status during application processing, it is mandatory to notify IRCC and add your spouse to your application, including providing medical and PCCs. You technically committed misrepresentation by landing as single when you were in fact common law. However IRCC rarely does anything about this.

You can never sponsor her. This is a very well known rule.

Could we submit a letter of explanation saying we thought we did not think we had to declare common-law until 2 years after living together? We live in BC and here it says that 2 years is when you are considered common-law, we did not think it was different at a federal level.

 

[scylla]

Could we submit a letter of explanation saying we thought we did not think we had to declare common-law until 2 years after living together? We live in BC and here it says that 2 years is when you are considered common-law, we did not think it was different at a federal level.

No, it won't work. The BC laws are irrelevant. Your partner needs to focus on qualifying for PR on their own through EE or another economic immigration program.