Can i add my common-law partner with an overstay history as my dependent

[jjkje11]

I'm trying to apply the ee stream with my common-law partner together, however, he got refused to extend the visa before and had an overstay in Canada. he just left Canada last month, can I add him as my dependent? I didn't see anything about you cannot get the pr because of the overstay, I also heard about they don't care about the overstay while applying for the pr. So my question is:

1. will the overstay lead to inadmissible to pr?
2. we got separated because of the visa issue but we had lived together for more than one year, are we common-law now?
3. if I apply ee myself first and sponsor him when i got the pr, will it be easier in this way?

hope anyone know anything about this can help, thanks very much!

 

[scylla]

I'm trying to apply the ee stream with my common-law partner together, however, he got refused to extend the visa before and had an overstay in Canada. he just left Canada last month, can I add him as my dependent? I didn't see anything about you cannot get the pr because of the overstay, I also heard about they don't care about the overstay while applying for the pr. So my question is:

1. will the overstay lead to inadmissible to pr?
2. we got separated because of the visa issue but we had lived together for more than one year, are we common-law now?
3. if I apply ee myself first and sponsor him when i got the pr, will it be easier in this way?

hope anyone know anything about this can help, thanks very much!

1. No.
2. Yes - you are still common law now provided you lived together for one year continuously.
3. No - this won't work. You must include him as your common law partner in your application now. Otherwise you won't be able to sponsor him later.

 

[jjkje11]

1. No.
2. Yes - you are still common law now provided you lived together for one year continuously.
3. No - this won't work. You must include him as your common-law partner in your application now. Otherwise, you won't be able to sponsor him later.

thanks so much for your information. but I still have some questions

1. can you explain why
2.do we need to provide the reasons that barring us from living together, like apply for a visitor visa and got refused?
3. can I indicate him as my common-law partner, but not come with me to Canada, and sponsor him afterward?

 

[scylla]

thanks so much for your information. but I still have some questions

1. can you explain why
2.do we need to provide the reasons that barring us from living together, like apply for a visitor visa and got refused?
3. can I indicate him as my common-law partner, but not come with me to Canada, and sponsor him afterward?

1. Overstaying doesn't make someone inadmissible.
2. No - you just need to provide evidence that you lived together for a full year continuously.
3. Yes - you can include him as a non accompanying dependent and then sponsor him afterwards. However this doesn't really make much sense since he'll have to go through the medical process and PCCs (including background and security checks) as part of your application. I would include him as accompanying so that he gets a visa at the same time you do. Far less work, time and money.

 

[jjkje11]

1. Overstaying doesn't make someone inadmissible.
2. No - you just need to provide evidence that you lived together for a full year continuously.
3. Yes - you can include him as a non accompanying dependent and then sponsor him afterwards. However this doesn't really make much sense since he'll have to go through the medical process and PCCs (including background and security checks) as part of your application. I would include him as accompanying so that he gets a visa at the same time you do. Far less work, time and money.

thank you very much! haha

 

[jjkje11]

thank you very much! haha

1. Overstaying doesn't make someone inadmissible.
2. No - you just need to provide evidence that you lived together for a full year continuously.
3. Yes - you can include him as a non accompanying dependent and then sponsor him afterwards. However this doesn't really make much sense since he'll have to go through the medical process and PCCs (including background and security checks) as part of your application. I would include him as accompanying so that he gets a visa at the same time you do. Far less work, time and money.

hi, I just checked the CIC website, under the category Reasons you may be inadmissible to Canada, they have this situation below, does it mean he is inadmissible to canada? thanks

There are a number of reasons you can be found inadmissible, denied a visa or refused entry to Canada under IRPA, such as:

• security
• human or international rights violations
• criminality
• organized criminality
• health grounds
• financial reasons
• misrepresentation
• having an inadmissible family member
• failure to comply with any provision of IRPA, which include: temporary residents who don’t respect the conditions of their stay—for example, they stay longer than allowed, or work or study without the proper permits

 

[21Goose]

hi, I just checked the CIC website, under the category Reasons you may be inadmissible to Canada, they have this situation below, does it mean he is inadmissible to canada? thanks

There are a number of reasons you can be found inadmissible, denied a visa or refused entry to Canada under IRPA, such as:

• security
• human or international rights violations
• criminality
• organized criminality
• health grounds
• financial reasons
• misrepresentation
• having an inadmissible family member
• failure to comply with any provision of IRPA, which include: temporary residents who don’t respect the conditions of their stay—for example, they stay longer than allowed, or work or study without the proper permits

He will not necessarily be eligible to get a visa, but an overstay wouldn't significantly affect a PR application. He can expect a denial if he applies for a tourist visa.

 

[jjkje11]

He will not necessarily be eligible to get a visa, but an overstay wouldn't significantly affect a PR application. He can expect a denial if he applies for a tourist visa.

do you mean he isn't fully eligible for pr application, but they will not deny the pr because of this, but he will not get the tourist visa?

or do u mean non-acompliance only applies for a temporary visa, not for the permanent visa

awww I'm just so worried, coz having a family member inadmissible will also lead to my refusal. why is there so little of this kind of case on our forum?