Denied as Common Law,Will Apply now as Married

[cgrey]

Im in this situation right now that I applied for my partner as common law as before but got denied because i failed to declare her when I moved here .
Now we got married and will apply for spousal sponsorship. Will my previous application before be a problem? Who else in here are in the same boat as me? Please help.

Thank you.

I

 

[canuck_in_uk]

From the little information you've given, I'm assuming you were included as a dependent in your parent's PR application and didn't declare to CIC that you were in a common-law relationship because that would have meant being removed from your parent's application.

If that is correct, then it doesn't matter that you are married. Because you didn't declare her, your spouse is forever excluded from the Family Class, which means that you will never be able to sponsor her.

 

[scylla]

You can never sponsor your partner because you failed to declare her. Getting married won't make a difference. If your spouse wants to come to Canada she will need to immigrate on her own. You can never sponsor her.

 

[Edin2Van]

Yep, if your application was already denied because you failed to declare her previously then your new application will be denied for the exact same reason.

Unfortunately getting married doesn't change your circumstance at all.

 

[mikeymyke]

Why didn't you declare her?

Your partner will now have no choice but to try to immigrate here on her own.

 

[kiwi01]

What does the failure to declare mean? He/she was applying for common law sponsorship so I don't get what is meant by failing to declare his/her spouse?

 

[canuck_in_uk]

What does the failure to declare mean? He/she was applying for common law sponsorship so I don't get what is meant by failing to declare his/her spouse?

As explained in my previous post, OP was included as a dependent in their parent's PR app and failed to declare their common-law partner in THAT application because it would have meant being removed from the app and not becoming a PR.

 

[screech339]

Basically the OP's wife is forever banned to the sponsored under the family PR sponsorship. The wife will have immigrate to Canada under her own merits alone. The only other option now for the OP is to move back to her country and live with her. The OP will likely lose PR status due to not being able to maintain PR RO.

There is a reason why such policy exist (banning undeclared dependent / spouses). This is to prevent a loophole in immigration system. The OP didn't want to be excluded from the parents dependent PR so he didn't declare the common law when he landed. So he probably thought the loophole will allow him to sponsor his common law after the fact. Marrying his wife still doesn't change anything as she was listed as being banned from being sponsored as (undeclared common law).

 

[screech339]

Another reason to write a letter to your MP...with these compelling arguments...

http://ccrweb.ca/sites/ccrweb.ca/files/static-files/excludedfammembers.pdf

But unfortunately, does not help anyone yet...

C.

There is a difference in making a honest mistake and a deliberate omission. The OP deliberately omitted his common law status as OP probably knew it would mean not getting PR through his parents' PR process any more.

I can understand the problem if some people apply for PR on their own as a single person and knowing it will delay their application further if they declare common law or marriage before landing and they didn't want to wait any longer.

But in OP's case, by declaring common law / marriage before landing, he would never get PR. Would even jeopardize his parents PR as they also landed knowingly that dependent was common law before landing and they didn't report it to CIC fo family status change.

 

[chilkootcee]

There is a difference in making a honest mistake and a deliberate omission. The OP deliberately omitted his common law status as OP probably knew it would mean not getting PR through his parents' PR process any more.

Good point...

 

[ipoo]

Im in this situation right now that I applied for my partner as common law as before but got denied because i failed to declare her when I moved here .
Now we got married and will apply for spousal sponsorship. Will my previous application before be a problem? Who else in here are in the same boat as me? Please help.

Thank you.

I

Well you shouldn't have applied it as CL then, after you moved in here(Canada) as PR then you should have got married and then applied her as Spousal case.. am I right seniors?

 

[screech339]

Well you shouldn't have applied it as CL then, after you moved in here(Canada) as PR then you should have got married and then applied her as Spousal case.. am I right seniors?

It doesn't matter when they get married after getting PR. The moment they reached common law status, they are ineligible as parents PR dependents.

 

[Edin2Van]

Another reason to write a letter to your MP...with these compelling arguments...

http://ccrweb.ca/sites/ccrweb.ca/files/static-files/excludedfammembers.pdf

But unfortunately, does not help anyone yet...

C.

Sorry but unless there's further details in this case which haven't been mentioned by crgey it seems most like the case of the "Ricardo" example in that link and neither this or that case seem to be particularly unfair to me.

It's clearly stated at multiple stages through the process that you need to inform CIC if there are any changes in your personal circumstance before your visa is issued. I haven't got my COPR yet but I would be amazed if it's not clearly stated on that as well that you need to declare any changes when you try and land.

Failing to mention you have a spouse is no different to failing to mention you've been convicted of a crime. It's simple misrepresentation and is part of the reason wait times are so long because CIC need to guard against people trying to manipulate the system.

 

[chilkootcee]

Sorry but unless there's further details in this case which haven't been mentioned by crgey it seems most like the case of the "Ricardo" example in that link and neither this or that case seem to be particularly unfair to me.

It's clearly stated at multiple stages through the process that you need to inform CIC if there are any changes in your personal circumstance before your visa is issued. I haven't got my COPR yet but I would be amazed if it's not clearly stated on that as well that you need to declare any changes when you try and land.

Failing to mention you have a spouse is no different to failing to mention you've been convicted of a crime. It's simple misrepresentation and is part of the reason wait times are so long because CIC need to guard against people trying to manipulate the system.

Yes...I see that now and completely agree...

 

[o6ocpaka]

I am wondering why would he tell CIC that they were already common law before he became a PR himself? He could have just said that they started dating/living together and common law happened after obtaining PR status. Can someone explain? :
I know it is also hard to prove common law status that's why most people are just getting married instead.