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Cheating in a common-law relationship and sponsorship

Flufffy

Newbie
Nov 14, 2020
7
0
Greeting everyone!

First of all, please disregard the moral side of this question and reply only from a juridical point of view. I'm interested in the following question: is cheating when you're in a common-law or conjugal relationship is an offence from the immigration point of view? Does cheating in such scenario automatically lead to the end of the relationship from the immigration perspective provided that both partners still want to continue with the ralationship or if the other one is just not in the know about that?

For instance, a pr holder/citizen applies to sponsor their common-law/conjugal partner and at the same time they see someone else from time to time or regularly. Or a principal applicant cheated on a common-law/conjugal partner before landing. If immigration knew about the affairs, would it be some law violation/misrepresentation? What consequences such actions could lead to for a pr holder/citizen? I saw some of such stories here when people were told that there was nothing they can do to avenge an unfaithful partner. I wonder wouldn't it be possible for a person who was cheated on and ditched to report to the immigration and get back on them in such way?
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Greeting everyone!

First of all, please disregard the moral side of this question and reply only from a juridical point of view. I'm interested in the following question: is cheating when you're in a common-law or conjugal relationship is an offence from the immigration point of view? Does cheating in such scenario automatically lead to the end of the relationship from the immigration perspective provided that both partners still want to continue with the ralationship or if the other one is just not in the know about that?

For instance, a pr holder/citizen applies to sponsor their common-law/conjugal partner and at the same time they see someone else from time to time or regularly. Or a principal applicant cheated on a common-law/conjugal partner before landing. If immigration knew about the affairs, would it be some law violation/misrepresentation? What consequences such actions could lead to for a pr holder/citizen? I saw some of such stories here when people were told that there was nothing they can do to avenge an unfaithful partner. I wonder wouldn't it be possible for a person who was cheated on and ditched to report to the immigration and get back on them in such way?
No, it's not an immigration offence.

The sponsor can certainly report the applicant to IRCC. However IRCC will only take action and consider revoking PR if there is evidence the applicant entered into a marriage or common law relationship of convenience for the purposes of obtaining PR status in Canada. Cheating doesn't necessarily demonstrate this. There needs to be additional evidence the applicant used the sponsor for PR.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Greeting everyone!

First of all, please disregard the moral side of this question and reply only from a juridical point of view. I'm interested in the following question: is cheating when you're in a common-law or conjugal relationship is an offence from the immigration point of view? Does cheating in such scenario automatically lead to the end of the relationship from the immigration perspective provided that both partners still want to continue with the ralationship or if the other one is just not in the know about that?

For instance, a pr holder/citizen applies to sponsor their common-law/conjugal partner and at the same time they see someone else from time to time or regularly. Or a principal applicant cheated on a common-law/conjugal partner before landing. If immigration knew about the affairs, would it be some law violation/misrepresentation? What consequences such actions could lead to for a pr holder/citizen? I saw some of such stories here when people were told that there was nothing they can do to avenge an unfaithful partner. I wonder wouldn't it be possible for a person who was cheated on and ditched to report to the immigration and get back on them in such way?
I guess this is a way to say this more simply...

IRCC is here to review relationships and approve PR based on relationships being genuine. If one of the partners is a sh*tty person but the relationship is genuine, IRCC is not here to judge the behaviour of the sh*tty person. That's a relationship issue, not an immigration issue.

IRCC will only take action if they believe the relationship isn't genuine and/or they feel there has been immigration fraud. This is largely focused on the applicant.

If the sponsor (i.e. the Canadian citizen / PR who is doing the sponsoring) happens to be the sh*tty person, IRCC isn't going to care. This isn't an immigration issue and isn't their problem.
 

Flufffy

Newbie
Nov 14, 2020
7
0
I guess this is a way to say this more simply...

IRCC is here to review relationships and approve PR based on relationships being genuine. If one of the partners is a sh*tty person but the relationship is genuine, IRCC is not here to judge the behaviour of the sh*tty person. That's a relationship issue, not an immigration issue.

IRCC will only take action if they believe the relationship isn't genuine and/or they feel there has been immigration fraud. This is largely focused on the applicant.

If the sponsor (i.e. the Canadian citizen / PR who is doing the sponsoring) happens to be the sh*tty person, IRCC isn't going to care. This isn't an immigration issue and isn't their problem.
Thank you! This makes sense. However, I saw on the official site that one of the criteria of a common-law relationship approved by the court was sexual fidelity: here. Does it change something?

Another viable example: imagine we have a principal applicant in a genuine common-law relationship (they live together, share money, pay bills, etc.) and at the same time this principal applicant sees someone else. Let's say that a PA could immigrate without a common-law partner (quite a typical situation for a young working individual with an appropriate background), so as you say the PA doesn't gain anything from this relationship in terms of getting PR for themselves. They land, got their PR cards, and break up for whatever reason genuine reason but not right after landing (eg the partner finds out, they have difficulties in Canada, common-law wants to go home or something else). The PA gets back to the paramour, they get married in, say, a year or they just live together for one year. So, again the relationship is genuine. The PA returns to Canada and applies for sponsorship of the new wife/common-law. Is it really alright? As far as I'm aware there are questions like "where and when you both met" in the questionnaire. Thus, for sure IRCC finds out that there was an intersection between these two relationships. What sanctions can this all lead to for all three parties (PA, ex common-law, current wife) in terms of immigration?
 

YVR123

VIP Member
Jul 27, 2017
6,423
2,461
I don't get your actual question. As long as the PA wasn't sponsored by the common-law partner, after he becomes PR, he can get married and apply to sponsor his wife.
The PA seeing this new wife before or met her after his breaks up with his common-law partner doesn't make any difference.

What is the common-law partner playing in this situration. (not PR? already PR on her own? already Canadian?)
 

Flufffy

Newbie
Nov 14, 2020
7
0
I don't get your actual question. As long as the PA wasn't sponsored by the common-law partner, after he becomes PR, he can get married and apply to sponsor his wife.
The PA seeing this new wife before or met her after his breaks up with his common-law partner doesn't make any difference.
My actual question is that the PA firstly helps the common-law to become a PR, then break ups and tries to sponsor someone else who they met and had sex when they were in the relationship provided that it's written on the official page that one of the factors of a common-law relationship is "sexual and personal behaviour (e.g. fidelity, ...)". And I'm asking what will happen with the PA, ex common-law partner, and new wife/husband the PA is about to sponsor if IRCC finds out?

What is the common-law partner playing in this situration. (not PR? already PR on her own? already Canadian?)
Sorry, didn't get what you mean. Could you please explain?
 

YVR123

VIP Member
Jul 27, 2017
6,423
2,461
My actual question is that the PA firstly helps the common-law to become a PR, then break ups and tries to sponsor someone else who they met and had sex when they were in the relationship provided that it's written on the official page that one of the factors of a common-law relationship is "sexual and personal behaviour (e.g. fidelity, ...)". And I'm asking what will happen with the PA, ex common-law partner, and new wife/husband the PA is about to sponsor if IRCC finds out?


Sorry, didn't get what you mean. Could you please explain?
I am trying to understand how " PA firstly helps the common-law to become a PR, "
Did they apply together? Were PA being sponsored by his common-law partner? It wasn't really clear in the post.
 

Flufffy

Newbie
Nov 14, 2020
7
0
I am trying to understand how " PA firstly helps the common-law to become a PR, "
Ok, sorry for that. I will try one more time if you don't mind.

1. They apply together for immigration for whatever stream. PA doesn't get any benefit from the dependant common-law partner. Land together, break up.
2. PA tries to sponsor a new partner after the breakup on step 1.
3. PA met and had sex with the partner from 2 step before landing on step 1

Consequences for PA, ex-common-law, new partner?
 

YVR123

VIP Member
Jul 27, 2017
6,423
2,461
Ok, sorry for that. I will try one more time if you don't mind.

1. They apply together for immigration for whatever stream. PA doesn't get any benefit from the dependant common-law partner. Land together, break up.
2. PA tries to sponsor a new partner after the breakup on step 1.
3. PA met and had sex with the partner from 2 step before landing on step 1

Consequences for PA, ex-common-law, new partner?
Thanks for the clarified timeline. So from this timeline, there is no consequences for all parties involved, PA, ex-common-law and new partner.

It's a relationship issue (cheating during a common law relationship) than an immigration issue.
PA can sponsor his new wife.
 
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Flufffy

Newbie
Nov 14, 2020
7
0
It's a relationship issue (cheating during a common law relationship) than an immigration issue.
Thank you for the reply! Maybe you could also clarify how this common-law factor "sexual and personal behaviour (e.g. fidelity, ...)" (I posted link to this above) should be taken into account then? Clearly don't understand why it is written there then...
 

YVR123

VIP Member
Jul 27, 2017
6,423
2,461
Thank you for the reply! Maybe you could also clarify how this common-law factor "sexual and personal behaviour (e.g. fidelity, ...)" (I posted link to this above) should be taken into account then? Clearly don't understand why it is written there then...
Why are you quoting a link that describes conjugal relationship while all your questions and cases have nothing to do with conjugal?
 

Flufffy

Newbie
Nov 14, 2020
7
0
Why are you quoting a link that describes conjugal relationship while all your questions and cases have nothing to do with conjugal?
I thought it doesn't matter in this perspective since the only difference between common-law and conjugal is whether partners live together. Is it that important? I think these factors might apply for common-law too.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I thought it doesn't matter in this perspective since the only difference between common-law and conjugal is whether partners live together. Is it that important? I think these factors might apply for common-law too.
It doesn't. This is specific to conjugal helping to define what a conjugal relationship should look like since conjugal couples are neither married nor common law. Again, IRCC doesn't police cheating. Not their problem.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I thought it doesn't matter in this perspective since the only difference between common-law and conjugal is whether partners live together. Is it that important? I think these factors might apply for common-law too.
Let me answer the question you are actually asking.

If you are the person who did the cheating then you are fine and there's nothing to worry about. As long as the new relationship is genuine you can sponsor that new partner for PR.

If you are the person who was cheated on then you need to move on with your life. You can't get revenge on your ex through immigration means.
 

Flufffy

Newbie
Nov 14, 2020
7
0
Let me answer the question you are actually asking.

If you are the person who did the cheating then you are fine and there's nothing to worry about. As long as the new relationship is genuine you can sponsor that new partner for PR.

If you are the person who was cheated on then you need to move on with your life. You can't get revenge on your ex through immigration means.
Thank you a lot for your answers! Very helpful!