Commom-Law Partner

[Leizifei]

Hi all I would like to ask a question to the experts, so i am a recent permanent resident in canada, and i was wondering if i can sponsor my partner which lives with me for at least 1 year already.

 

[Rob_TO]

Hi all I would like to ask a question to the experts, so i am a recent permanent resident in canada, and i was wondering if i can sponsor my partner which lives with me for at least 1 year already.

That depends. When/how did you get your own PR? And at the time you got your PR (landed), had you been living with your partner for 1 year or longer? Or did you reach the 1-year mark on a date after you got PR?

 

[Leizifei]

Hi Rob thanks for replying, so I got it from Canadian Experience Class last month, and we moved in together march this year, so next march we would be living together for a year with both of our names on the lease, we had live together b4 in another place but the lease was on her name only.

 

[Rob_TO]

Hi Rob thanks for replying, so I got it from Canadian Experience Class last month, and we moved in together march this year, so next march we would be living together for a year with both of our names on the lease, we had live together b4 in another place but the lease was on her name only.

You should be ok then. You just need to make sure you were really "single" when you got your own PR. If you had lived together for 12 continuous months at anytime in the past, then technically you were common-law and should have declared your partner on your own PR app. So make sure your residential history on the application forms do not lead CIC to believe you were previously common-law.

Other than that, in March 2014 you will be able to sponsor her under common-law category. As a PR, you will need to reside in Canada during the entire processing time even if you apply outland, with only short trips/vacations allowed outside Canada.

 

[Leizifei]

You should be ok then. You just need to make sure you were really "single" when you got your own PR. If you had lived together for 12 continuous months at anytime in the past, then technically you were common-law and should have declared your partner on your own PR app. So make sure your residential history on the application forms do not lead CIC to believe you were previously common-law.

Other than that, in March 2014 you will be able to sponsor her under common-law category. As a PR, you will need to reside in Canada during the entire processing time even if you apply outland, with only short trips/vacations allowed outside Canada.

Great, the only thing we might have in common from the previous place its our mail but that's it, the lease was under her name not mine. My application got accepted last year October, and we moved in together this year. So do u think I can apply for her next year then?

 

[Leizifei]

forgot to mention when we moved in this year march 2013 we both have our name on the lease

 

[Rob_TO]

Great, the only thing we might have in common from the previous place its our mail but that's it, the lease was under her name not mine. My application got accepted last year October, and we moved in together this year. So do u think I can apply for her next year then?

For what time period did you live together in the "previous place"?

 

[Leizifei]

For what time period did you live together in the "previous place"?

Rob at least 1 year and half

 

[Rob_TO]

Rob at least 1 year and half

In that case, you were actually a common-law couple. It doesn't matter if you had a lease together or not, the main thing is that you lived together. So technically you committed misrepresentation when you applied for and landed as a PR as a "single" person. You should have declared your common-law spouse in your own application.

If you apply for her PR now in March 2014, you have 2 choices.
1. If you are honest about both of your residential histories, then CIC will easily see that you shared the same address for 1.5 years before you landed as a PR. This will make your partner ineligible/banned from applying under family class, and as well it will bring your own PR status into question as you committed misrepresentation.
2. If you lie about your living status over those 1.5 years (if you say you were living elsewhere), then CIC would most likely not find out that you were previously common-law, and would think you only became common-law for the first time in March 2014.

If you go with option 2 by fudging your residential history, you need to be aware that if CIC ever learns the truth it could lead to serious consequences. You need to consider your choice very carefully.

 

[Rob_TO]

Also can add a 3rd options... i'm not sure of your official "status" when you were living together in the previous place but if you were not a true conjugal couple, then you could state you were roommates only and didn't become a couple/dating until later on.

 

[Leizifei]

Also can add a 3rd options... i'm not sure of your official "status" when you were living together in the previous place but if you were not a true conjugal couple, then you could state you were roommates only and didn't become a couple/dating until later on.

thank you so much Rob for all the info you giving, I hope I can sponsor her I really cant see myself living alone again.

 

[Ponga]

Looks like option #3 is an excellent option. Brilliant!

 

[Rob_TO]

Looks like option #3 is an excellent option. Brilliant!

This option is still risky, even if true. Many people have started as roommates and only developed into a conjugal relationship later. However CIC often simply makes the claim that you were common-law going back to day 1 of living together, and doesn't listen to reason that the early time cohabiting was not as a conjugal couple.

It is up to the applicants in these cases to somehow prove to CIC that the living together was not conjugal. And many times these cases end up being rejected and going to appeals.

 

[canadianwoman]

Option 3 is risky. CIC will not believe it at first glance, so you will have to prove you were not a romantic couple at the time. Several cases on the forum have had this issue. The usual result is refusal, then they appeal and have to spend a lot of time trying to prove that they were living together but not actually a couple. Yes, people have gotten PR through this, but it is difficult and will take longer than usual, maybe much longer if it needs an appeal.

I would go with option 2. Do not mention your previous cohabitation. Say you were just dating.

 

[Leizifei]

Option 3 is risky. CIC will not believe it at first glance, so you will have to prove you were not a romantic couple at the time. Several cases on the forum have had this issue. The usual result is refusal, then they appeal and have to spend a lot of time trying to prove that they were living together but not actually a couple. Yes, people have gotten PR through this, but it is difficult and will take longer than usual, maybe much longer if it needs an appeal.

I would go with option 2. Do not mention your previous cohabitation. Say you were just dating.

Thinking about it option 3 is really risky, I just hope they dont have a system where they can check the mail addresses.