Common-Law and Canadian Experience Visa

[ncnicole]

Hello! I am just starting out on my application for PR, and of course have loads of questions. My biggest concern is that I am applying under the Canadian Experience Class, and would like to include my common-law partner on my application. My partner is American, and I am Australian. We have a few documents to prove our common-law status, but not a very extensive list (we have been living together since Dec. 2008, but have only signed a joint release in February.We recently opened a joint bank account and I included my partner on my tax return this year) My question is- if immigration does not find there to be sufficient evidence of our Common-law relationship, will they turn down the entire application? Or will they still approve my application for PR, and just deny my partner? Any advice is appreciated! Thank you!

 

[Amir Shuval]

Hello! I am just starting out on my application for PR, and of course have loads of questions. My biggest concern is that I am applying under the Canadian Experience Class, and would like to include my common-law partner on my application. My partner is American, and I am Australian. We have a few documents to prove our common-law status, but not a very extensive list (we have been living together since Dec. 2008, but have only signed a joint release in February.We recently opened a joint bank account and I included my partner on my tax return this year) My question is- if immigration does not find there to be sufficient evidence of our Common-law relationship, will they turn down the entire application? Or will they still approve my application for PR, and just deny my partner? Any advice is appreciated! Thank you!

Hello,

Without getting into all of the details let me just tell you that when someone submits an economic class application the issue of proving a common-law partnership is not as difficult as it is in sponsorship cases.

First, there is no guarantee the principle applicant will acquire the Canadian status. If someone is looking to enter a relationship of convenience in order to immigrate to Canada they are likely to do it with a Canadian citizen or a permanent resident who can sponsor them straight up. Not with someone who can possibly qualify under an economic category. That is also the position of CIC. This is why they don't investigate the marriage or common-law partnership of every FSW or CEC applicant.
There has to exist some reason (e.g. past refusals/misrepresentation) for CIC to deviate from this approach.

Secondly if your are Australian and she is American, you are both TRV exempt and I really don't see the visa office getting too much into it. List the relationship start date on the application,provide them with the IMM5409 and supporting documents as the CEC checklist asks for and let them decide based on what you put in front of them if anything else is required.

As I mentioned above, there is really no reason in this case to harass you and not take your word at a face value.

good luck,

Amir Shuval CCIC,FCMI
Member of the Canadian Society of Immigration Consultants

 

[ncnicole]

Thank you!