PFL - MISREPRESENTATION - NOT MENTIONING COMMON LAW

[abff08f4813c]

Hello, any updates on this matter? I am in the same situation.

My partner and I are both on separate PGWPs, applying for PR together as common-law in October 2025. We accidentally didn't declare our common-law status on our individual PGWPs. Any advice on how to explain this once in the application? Any advice? Please help!​

Like I said both myself and my spouse got PR.

How long ago did you hit the one year mark and officially become common-law ? And when did you last apply for PGWP? If that was before Oct 2024 (PGWPs are usually good for two or three years) then you're fine as you wouldn't have had to declare earlier.

No big issue, just prepare a solid proof of your common law status.

I agree. Worst case maybe also a letter of explanation stating that you missed the requirement or lost track of how long time had past - some good reason for getting to mention it in the earlier applications.

My guess is that, where you both are eligible independently for PR anyways, that these are the cases that are least concern to IRCC, so you wouldn't have too much trouble.

If you can, a paid consult with a lawyer wouldn't hurt though - this seems like one of those cases where you'd want a professional to make sure all i's are dotted and t's are crossed, in case a misslip now causes more problems later on...

 

[monikam]

Like I said both myself and my spouse got PR.

How long ago did you hit the one year mark and officially become common-law ? And when did you last apply for PGWP? If that was before Oct 2024 (PGWPs are usually good for two or three years) then you're fine as you wouldn't have had to declare earlier.


I agree. Worst case maybe also a letter of explanation stating that you missed the requirement or lost track of how long time had past - some good reason for getting to mention it in the earlier applications.

My guess is that, where you both are eligible independently for PR anyways, that these are the cases that are least concern to IRCC, so you wouldn't have too much trouble.

If you can, a paid consult with a lawyer wouldn't hurt though - this seems like one of those cases where you'd want a professional to make sure all i's are dotted and t's are crossed, in case a misslip now causes more problems later on...

Hi @abff08f4813c - Can I please ask for your thought on my below situation and questions.

I got the ITA under PNP nomination. My situation is- I am married, separated from my wife from 2018 and divorce under process since 2024. I have been living with my new partner under common law since 2023 and have been filing income tax return together under common law, have joint accounts, insurance bill, electricity bills etc. I choose my status as common law in express entry profile. My questions are below.

1.How many family members does XXX have? (This includes XXX, a spouse or partner, dependent children, and their dependent children.)- Should i include my wife in this count?
2. I selected "Yes" to previously married question and provided end date of 2018 with the reason to end relationship as "Divorced" as this is what it thought is the most suitable from "annulment, divorce, death of partner, end of common law". and planning to provide LOE why i selected divorced even though it is still under process. Have i done right?
3. Do i also need to provide supporting document for common law even if i am not apply PR under family sponsorship category?

 

[abff08f4813c]

I got the ITA under PNP nomination.

When? But of course it must have been this year, as you only have 60 days to accept it. Also, are you already living in Canada or are you applying from abroad? (Some PNPs are programs for folks who've been working in the province of the program, but I think some PNPs do allow the province to sponsor from abroad.)

My situation is- I am married, separated from my wife from 2018 and divorce under process since 2024. I have been living with my new partner under common law since 2023 and have been filing income tax return together under common law, have joint accounts, insurance bill, electricity bills etc. I choose my status as common law in express entry profile.

Sounds reasonable. Also I'm guessing you're both living in Canada since you're filing tax returns as common law and aside from Canada itself there aren't too many places that allow you to do that.

In any case, if everything you've said is accurate, there's definitely been no misrepresentation.

1.How many family members does XXX have? (This includes XXX, a spouse or partner, dependent children, and their dependent children.)- Should i include my wife in this count?

Who do you mean by wife? Your old ex-wife or your new common law partner? See https://www.canadavisa.com/canada-i...to-include-his-ex-wife-on-application.485606/ - once you have divorce papers you are no longer considered family (and can't sponsor) so this wouldn't be included in the count.

2. I selected "Yes" to previously married question and provided end date of 2018 with the reason to end relationship as "Divorced" as this is what it thought is the most suitable from "annulment, divorce, death of partner, end of common law". and planning to provide LOE why i selected divorced even though it is still under process. Have i done right?

Yes, that sounds right. Again, see https://www.canadavisa.com/canada-i...to-include-his-ex-wife-on-application.485606/ for someone who went through a similar process earlier.

3. Do i also need to provide supporting document for common law even if i am not apply PR under family sponsorship category?

What's your common law partner's status? If in Canada on a temporary status (think visitor or work permit or study permit) or outside of Canada, then you definitely need to provide this. The reason for you needing to prove common-law status first is because afterwards Canada will basically treat you like a married couple (that is, you'd immigrate to Canada together). There can actually be some drawbacks to this, as eligibility for a couple is together - so if your common law partner turns out to have kidney failure requiring dialysis or some similar situation, then you yourself could be denied for medical reasons.

Based on what you wrote here, you already have an abundance of such supporting documents, so no need to worry about that part.

I have been living with my new partner under common law since 2023 and have been filing income tax return together under common law, have joint accounts, insurance bill, electricity bills etc.

It's different if your partner is a Canadian citizen or PR already, but I don't know too much about this as I've never seen someone go through PNP or Express Entry if they already have such a partner.

 

[monikam]

When? But of course it must have been this year, as you only have 60 days to accept it. Also, are you already living in Canada or are you applying from abroad? (Some PNPs are programs for folks who've been working in the province of the program, but I think some PNPs do allow the province to sponsor from abroad.)

Sounds reasonable. Also I'm guessing you're both living in Canada since you're filing tax returns as common law and aside from Canada itself there aren't too many places that allow you to do that.

In any case, if everything you've said is accurate, there's definitely been no misrepresentation.

Who do you mean by wife? Your old ex-wife or your new common law partner? See https://www.canadavisa.com/canada-i...to-include-his-ex-wife-on-application.485606/ - once you have divorce papers you are no longer considered family (and can't sponsor) so this wouldn't be included in the count.

Yes, that sounds right. Again, see https://www.canadavisa.com/canada-i...to-include-his-ex-wife-on-application.485606/ for someone who went through a similar process earlier.

What's your common law partner's status? If in Canada on a temporary status (think visitor or work permit or study permit) or outside of Canada, then you definitely need to provide this. The reason for you needing to prove common-law status first is because afterwards Canada will basically treat you like a married couple (that is, you'd immigrate to Canada together). There can actually be some drawbacks to this, as eligibility for a couple is together - so if your common law partner turns out to have kidney failure requiring dialysis or some similar situation, then you yourself could be denied for medical reasons.

Based on what you wrote here, you already have an abundance of such supporting documents, so no need to worry about that part.



It's different if your partner is a Canadian citizen or PR already, but I don't know too much about this as I've never seen someone go through PNP or Express Entry if they already have such a partner.

@abff08f4813c thank you for your reply. Just to clarify your question below that i am still married and divorce is in process so legally i am still married and my common law partner is Canadian citizen and we both are living in Canada. So the question below ask how many family members I have- i am not sure if i should consider my wife ( divorce in process) in this count?

1.How many family members does XXX have? (This includes XXX, a spouse or partner, dependent children, and their dependent children.)- Should i include my wife in this count?

Who do you mean by wife? Your old ex-wife or your new common law partner? See https://www.canadavisa.com/canada-i...to-include-his-ex-wife-on-application.485606/ - once you have divorce papers you are no longer considered family (and can't sponsor) so this wouldn't be included in the count.