Help - Undeclared common law by one day off

[k.h.p.]

Thank you all for your valuable insights. @scylla another (hopefully final) related question: would a certified immigration consultant be as qualified as a trained lawyer to provide advice in a matter such as this? Thanks so much in advance.

You need a real lawyer. Immigration consultants are, not in the majority but in a significant majority, money-hungry idiots who will sell you a bill of goods, charge you a thousand dollars, and then make you do all the work to submit forms they'll tell you that they need to review so you don't get rejected. There are some good consultants who are a credit to their profession but there aren't enough of them.

A lawyer with immigration law experience will know the rules, regulations, and will likely have good contacts in IRCC that they can use to talk to about your case. Only a few consultants will actually have the network, resources, and capacity to do the same.

 

[Egna7711]

i am curious, how did IRCC find out you were in common-law before you landed? was it from the addresses you guys put on the application?

 

[k.h.p.]

i am curious, how did IRCC find out you were in common-law before you landed? was it from the addresses you guys put on the application?

In a spousal sponsorship, you have to declare a lot of things:

1. How you first met, when your relationship started
2. When cohabitation began
3. What you meet the 1-year requirement if you're applying common-law
4. a number of years of address history

They cross-reference this between partners in a relationship, especially if one is a PR - they are looking in particular for issues like this. Unless you fabricate a substantial part of your background, they will catch that you've been common-law.

 

[degm]

Hello all, I just wanted to share an update in case someone else is in a similar situation and is searching for help.

After speaking with a consultant who didn't know hsit (don't hire consultants), we retained a lawyer with experience in Procedural Fairness letters. We submitted a professional response and our application has moved on onto the next stage, which is a good indication (no PPR yet so I won't sing victory just yet, but we're close).

In any case, two main learnings:

- Don't hire consultants
- Living with someone for a year or more is NOT the equivalent of common law. Common law is not just merely cohabitation, it is defined by other elements as well.

And that's it for now. I'll report back once this process is over, whatever the outcome may be.

 

[k.h.p.]

Hello all, I just wanted to share an update in case someone else is in a similar situation and is searching for help.

After speaking with a consultant who didn't know hsit (don't hire consultants), we retained a lawyer with experience in Procedural Fairness letters. We submitted a professional response and our application has moved on onto the next stage, which is a good indication (no PPR yet so I won't sing victory just yet, but we're close).

In any case, two main learnings:

- Don't hire consultants
- Living with someone for a year or more is NOT the equivalent of common law. Common law is not just merely cohabitation, it is defined by other elements as well.

And that's it for now. I'll report back once this process is over, whatever the outcome may be.

Correct. You don't become common-law with someone simply because you've been their roommate for two years.

However, if the person you are cohabitating with for 1 year+ also happens to be your romantic partners and you are needing to make the case that you weren't common-law then but are now in a relationship, your hill to climb will be a tough one and will hinge on proving the relationship didn't exist during part of that one year of cohabitation. That can be challenging, especially if you were in a relationship during that time!

I'm glad you've got a good lawyer and I wish you luck.

 

[Mercedes2021]

Hey @degm. We're in the same situation, any updates on your case?

 

[degm]

Hey @degm. We're in the same situation, any updates on your case?

Yes, our application got approved in November last year. I cannot emphasize enough hiring an immigration lawyer, most of the advice I received here for something this specific/delicate turned out to be useless if not counterproductive. A lawyer will know what to do.

 

[AmarKaur]

@degm - Congratulations! What was your response to the PFL ? Can you share the lawyer's name?

 

[AmarKaur]

Yes, our application got approved in November last year. I cannot emphasize enough hiring an immigration lawyer, most of the advice I received here for something this specific/delicate turned out to be useless if not counterproductive. A lawyer will know what to do.

Congratulations! What was your response to the PFL? Can you share the lawyer's name?

 

[degm]

Congratulations! What was your response to the PFL? Can you share the lawyer's name?

I'll send you a private message

 

[ravall]

I'll send you a private message

Can you please share the information with me as well? Would really appreciate the info. Especially the PFL response.