can i sponsor her?

[dan2020]

Hi all, i am in relation ship for 12 years with my girl friend from my home country.. in 2019 i arrive to canada for immigration its took for me 4 years to get PR, i want to sponsor my girl friend that we are in relationship for 12 years my question is .

when i applied for PR i mark that i am not in common law and i am not married it's will be right to apply her for sponsorship under common law?
we want to marry in canada so though to ask what is your opinion if IRCC can reject the application because in 2020 when i applied for PR i mark that i am not in common law relation ship ?

 

[Ponga]

Did the two of you ever live together (anywhere in the world) for one full year or longer once you were in a romantic relationship?

Will follow up after seeing your reply.

 

[dan2020]

Did the two of you ever live together (anywhere in the world) for one full year or longer once you were in a romantic relationship?

Will follow up after seeing your reply.

we lived in our home country for 6 years but no bills no rent agreement no evidence about that we lived together because no body from us thought about that one day we will move to canada

 

[Ponga]

That may not matter, because in the eyes of IRCC...you were deemed to be living Common-Law. Since you did not disclose this information in your own PR application, you have misrepresented yourself. When IRCC investigates the application for your girlfriend, they may very well `connect the dots', which could lead to not only your PR being in jeopardy, but...you would never be able to sponsor her for PR.

Might be a good time to talk with a lawyer about this, because it is very serious.

 

[dan2020]

i spoke with my lawyer he told me i can apply for common law and then we will add marriage certificate i am in doubt .

 

[scylla]

i spoke with my lawyer he told me i can apply for common law and then we will add marriage certificate i am in doubt .

How did you get PR? Through which program? Generally speaking you cannot sponsor a partner you failed to declare in your own application.

 

[armoured]

i spoke with my lawyer he told me i can apply for common law and then we will add marriage certificate i am in doubt .

If you did not declare her as common law before, I fail to see how doing so now will fix things - if anything would have opposite effect.

I'd have serious doubts about this lawyer - is this a Canadian lawyer? This borders on malpractice. If it's a lawyer abroad - strongly suggest you get a Canadian lawyer who has experience in immigration.

 

[Ponga]

i spoke with my lawyer he told me i can apply for common law and then we will add marriage certificate i am in doubt .

I am not a lawyer, but can say that that sounds like bad information.

Firstly, how you you apply to sponsor her as your common-law partner if you are not living together. That question is moot, because you've already disclosed that you were living together for 6 years and you did NOT disclose that in your own PR application.

Suggest you find a `different' lawyer and make sure you tell them the whole story!

 

[dan2020]

How did you get PR? Through which program? Generally speaking you cannot sponsor a partner you failed to declare in your own application.

skilled worker (PNP)

 

[scylla]

skilled worker (PNP)

I don't see how you can ever sponsor her since you failed to declare her. I would get a consult with another lawyer.

 

[Ponga]

skilled worker (PNP)

Don't gamble on this. Your [current] lawyer must not understand what you've done. If they do, fire them on the spot.

 

[dan2020]

I don't see how you can ever sponsor her since you failed to declare her. I would get a consult with another lawyer.

we will marry in canada then the sponsorship will be trough marriage.

 

[Ponga]

See this:
https://stepstojustice.ca/steps/imm...f-you-didnt-mention-your-spouse-or-partner-0/
You may not be able to sponsor your or
if:

• you were married or in a common-law or conjugal relationship to one another when you became a Permanent Resident
• , and
• you did not tell Immigration, Refugees and Citizenship Canada (IRCC) before you became a permanent resident.

The law says you cannot sponsor them. But IRCC created a policy that says they'll not always enforce this law if you got your permanent resident status because:

• you're a Protected Person
• you were resettled from outside Canada as a refugee
• you were a sponsored spouse, common-law partner, conjugal partner, or dependent child

So, unless one of those 3 apply, you cannot sponsor her, without deceiving IRCC.

 

[armoured]

we will marry in canada then the sponsorship will be trough marriage.

The point we are making: if IRCC determines that you were common-law before you landed, since you lived together for six years and remained in that relationship since, then getting married later in Canada will NOT magically erase the fact that you did not declare your common-law spouse.

 

[Ponga]

we will marry in canada then the sponsorship will be trough marriage.

You're not understanding. Getting married will NOT fix the problem that you have. You landed as a single person, when in fact you were in a common-law relationship. THAT is the issue that you may not be able to overcome.

We all [have] come here to `learn' how to navigate the myriad issues with a sponsorship application. I can speak for many others here in saying that NOBODY enjoys giving you the information you now have.
This is a very real problem for you and your partner.

Don't try to pretend that it's not.