Common Law from Non-accompanying to Accompanying due to Pregnancy

[entlastet]

Hello there,

I have a question, my AOR is Feb 2020 for the CEC program. I applied with my common-law partner non-accompanying via Express Entry, while she is already in Canada on the open work permit that she's got as mine dependant as a common-law partner. We decided to do that because she wanted to study anyway in Canada to get a nice job and apply herself after she finishes her study via Express Entry or I could sponsor her later on after getting the PR approval. In addition, my CRS to apply without her was much higher means I could get the PR with no issues.

The thing is that I've been requested to submit additional documents about couple weeks ago to verify that my partner will not accompany me under my application. I verified that, no problem. After all, my girlfriend tells me that she got pregnant. It is the awesome news, but at the same time, I'm confused about what should I do, because I've already verified to VO that she will not accompany me with my application.

Please recommend, what should I do in this case? Had anyone had this problem before? I'm planning to make her a proposal and marry her, but due to COVID-19, not sure when the ceremony will be held and when I can get the marriage certificate.

Should I inform VO about her 1-week pregnancy? When is it better to do, when I get the verification from the doctor that she is pregnant? I could not find this information anywhere on the official website. It seems like I need to update information only if I have a new dependant like a newborn child, my marital status and so on.

Can I change her to an accompanying common-law partner due to a change in circumstances? Will it affect my application and CRS score as I already applied and my application is 3.5 months progress?

Maybe it is better to get married and after informing VO regarding my situation or it is better to get the PR and do an inland sponsorship application because from my understanding it's almost impossible to study and have a newborn?

Thank you so much in advance for your help!

 

[canuck_in_uk]

Hello there,

I have a question, my AOR is Feb 2020 for the CEC program. I applied with my common-law partner non-accompanying via Express Entry, while she is already in Canada on the open work permit that she's got as mine dependant as a common-law partner. We decided to do that because she wanted to study anyway in Canada to get a nice job and apply herself after she finishes her study via Express Entry or I could sponsor her later on after getting the PR approval. In addition, my CRS to apply without her was much higher means I could get the PR with no issues.

The thing is that I've been requested to submit additional documents about couple weeks ago to verify that my partner will not accompany me under my application. I verified that, no problem. After all, my girlfriend tells me that she got pregnant. It is the awesome news, but at the same time, I'm confused about what should I do, because I've already verified to VO that she will not accompany me with my application.

Please recommend, what should I do in this case? Had anyone had this problem before? I'm planning to make her a proposal and marry her, but due to COVID-19, not sure when the ceremony will be held and when I can get the marriage certificate.

Should I inform VO about her 1-week pregnancy? When is it better to do, when I get the verification from the doctor that she is pregnant? I could not find this information anywhere on the official website. It seems like I need to update information only if I have a new dependant like a newborn child, my marital status and so on.

Can I change her to an accompanying common-law partner due to a change in circumstances? Will it affect my application and CRS score as I already applied and my application is 3.5 months progress?

Maybe it is better to get married and after informing VO regarding my situation or it is better to get the PR and do an inland sponsorship application because from my understanding it's almost impossible to study and have a newborn?

Thank you so much in advance for your help!

What you do is entirely your personal choice.

No, you don't inform the VO of the pregnancy. They don't care unless and until a child is actually born.

If you change her to accompanying, your score will be recalculated. If the new score falls below the ITA cut-off, expect a refusal.

 

[Pgill2609]

Hello there,

I have a question, my AOR is Feb 2020 for the CEC program. I applied with my common-law partner non-accompanying via Express Entry, while she is already in Canada on the open work permit that she's got as mine dependant as a common-law partner. We decided to do that because she wanted to study anyway in Canada to get a nice job and apply herself after she finishes her study via Express Entry or I could sponsor her later on after getting the PR approval. In addition, my CRS to apply without her was much higher means I could get the PR with no issues.

The thing is that I've been requested to submit additional documents about couple weeks ago to verify that my partner will not accompany me under my application. I verified that, no problem. After all, my girlfriend tells me that she got pregnant. It is the awesome news, but at the same time, I'm confused about what should I do, because I've already verified to VO that she will not accompany me with my application.

Please recommend, what should I do in this case? Had anyone had this problem before? I'm planning to make her a proposal and marry her, but due to COVID-19, not sure when the ceremony will be held and when I can get the marriage certificate.

Should I inform VO about her 1-week pregnancy? When is it better to do, when I get the verification from the doctor that she is pregnant? I could not find this information anywhere on the official website. It seems like I need to update information only if I have a new dependant like a newborn child, my marital status and so on.

Can I change her to an accompanying common-law partner due to a change in circumstances? Will it affect my application and CRS score as I already applied and my application is 3.5 months progress?

Maybe it is better to get married and after informing VO regarding my situation or it is better to get the PR and do an inland sponsorship application because from my understanding it's almost impossible to study and have a newborn?

Thank you so much in advance for your help!

HI what reason did you give for her not to non accompanying when she is already in Canada?

 

[canuck78]

Not accompanying and filing for PR on your own because she wants to attend school doesn’t make a lot of sense because she would have access to domestic fees If she applied for PR now. What about her healthcare? Most provinces do not provide health coverage for spouses of PRs. When does her OWP expire?

 

[entlastet]

What you do is entirely your personal choice.

No, you don't inform the VO of the pregnancy. They don't care unless and until a child is actually born.

If you change her to accompanying, your score will be recalculated. If the new score falls below the ITA cut-off, expect a refusal.

Thank you so much for your reply. I completely understand that it is my personal choice. I just can't find any official information on what happens if common-law changed to accompanying after AOR.

What if I get married? Will it affect my score. I read here that marriage should not affect my application:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html

But what if I was already in common-law status with my girlfriend and get married to the same person later?

Thanks.

 

[canuck_in_uk]

Thank you so much for your reply. I completely understand that it is my personal choice. I just can't find any official information on what happens if common-law changed to accompanying after AOR.

What if I get married? Will it affect my score. I read here that marriage should not affect my application:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html

But what if I was already in common-law status with my girlfriend and get married to the same person later?

Thanks.

What you are quoting applies to spouses who weren't already included. It doesn't matter if you get married because she is already included. You will be changing her to accompanying and your score will be recalculated.

 

[entlastet]

HI what reason did you give for her not to non accompanying when she is already in Canada?

I just mentioned that she doesn't want to immigrate with me at this time and its complete truth, but the thing is that the circumstances could be changed any time, like the same happened to me.

 

[entlastet]

What you are quoting applies to spouses who weren't already included. It doesn't matter if you get married because she is already included. You will be changing her to accompanying and your score will be recalculated.

Thank you for clarification. It seems like I have to go only one way via sponsoring her after my application is approved.

 

[canuck78]

Thank you for clarification. It seems like I have to go only one way via sponsoring her after my application is approved.

What about the health coverage issue? Will your wife return home if the pregnancy continues to progress? Where do you live?

 

[canuck_in_uk]

I just mentioned that she doesn't want to immigrate with me at this time and its complete truth, but the thing is that the circumstances could be changed any time, like the same happened to me.

As she lives with you in Canada, IRCC is not going to believe that you did it for any other reason but the points. You should have explicitly stated that you did it for the points, as IRCC does seem to accept that. It is very possible that you are going to receive a Procedural Fairness Letter for this.

 

[entlastet]

Not accompanying and filing for PR on your own because she wants to attend school doesn’t make a lot of sense because she would have access to domestic fees If she applied for PR now. What about her healthcare? Most provinces do not provide health coverage for spouses of PRs. When does her OWP expire?

I understand what you mean, but how can I force her to immigrate to Canada? I just claimed that I have a common-law relationship with her non-accompanying. In addition, she said and I agree with it, that she didn't do anything for immigration and wants to get at least a Canadian degree and English test herself. It's her choice, but now it seems that all the above it's not possible due to pregnancy.

She has OWP till mid-2021. She has OHIP coverage till that time as well, so if she delivers a baby in Canada it's covered by OHIP. Also, if I sponsor her after, she will be able to combine her PR application with the OWP application at the same time, not sure if that will allow her to prolong her OHIP coverage, but if we need to, we will apply for private insurance till she gets a PR card. If she is not eligible for OWP because it's a pilot program till July 31, 2020, we will apply her for a visitor visa.

Also, there is a thread where people having similar issues with spouse accompanying/non-accompanying. It seems like some people got PR for both despite the fact that they mentioned their spouse as non-accompanying. I think it depends on the visa officer and he makes the final decision to recalculate your CRS or not.

If you look at the official Express Entry glossary, you will find the definition of non-accompanying family members:
https://www.canada.ca/en/services/immigration-citizenship/helpcentre/glossary.html

Non-accompanying family members - Family members who are dependent on the principal applicant but who are not immigrating to Canada. They include a spouse or common-law partner, dependent children, and the children of a dependent child.

These people must be listed on the principal applicant’s application for permanent residence. They should have a medical exam so they can remain eligible for sponsorship at a later date.

As said above I believe that it's not mandatory to put your spouse/common-law partner as accompanying just because of the fact that they are with you in Canada already. People could have completely different circumstances and relationships and It doesn't mean that they wish to immigrate here.

Hope I answer your question

 

[canuck78]

I understand what you mean, but how can I force her to immigrate to Canada? I just claimed that I have a common-law relationship with her non-accompanying. In addition, she said and I agree with it, that she didn't do anything for immigration and wants to get at least a Canadian degree and English test herself. It's her choice, but now it seems that all the above it's not possible due to pregnancy.

She has OWP till mid-2021. She has OHIP coverage till that time as well, so if she delivers a baby in Canada it's covered by OHIP. Also, if I sponsor her after, she will be able to combine her PR application with the OWP application at the same time, not sure if that will allow her to prolong her OHIP coverage, but if we need to, we will apply for private insurance till she gets a PR card. If she is not eligible for OWP because it's a pilot program till July 31, 2020, we will apply her for a visitor visa.

Also, there is a thread where people having similar issues with spouse accompanying/non-accompanying. It seems like some people got PR for both despite the fact that they mentioned their spouse as non-accompanying. I think it depends on the visa officer and he makes the final decision to recalculate your CRS or not.

If you look at the official Express Entry glossary, you will find the definition of non-accompanying family members:
https://www.canada.ca/en/services/immigration-citizenship/helpcentre/glossary.html

Non-accompanying family members - Family members who are dependent on the principal applicant but who are not immigrating to Canada. They include a spouse or common-law partner, dependent children, and the children of a dependent child.

These people must be listed on the principal applicant’s application for permanent residence. They should have a medical exam so they can remain eligible for sponsorship at a later date.

As said above I believe that it's not mandatory to put your spouse/common-law partner as accompanying just because of the fact that they are with you in Canada already. People could have completely different circumstances and relationships and It doesn't mean that they wish to immigrate here.

Hope I answer your question

We all know that if your points were higher she would have been included. It has nothing to do with not being able to force someone to get citizenship prefering to getting an Canadian degree first. The VO also knows it’s about points so best to be honest. Honestly is usually rewarded and your other reasons don’t make sense. Is she working?

 

[Pgill2609]

I understand what you mean, but how can I force her to immigrate to Canada? I just claimed that I have a common-law relationship with her non-accompanying. In addition, she said and I agree with it, that she didn't do anything for immigration and wants to get at least a Canadian degree and English test herself. It's her choice, but now it seems that all the above it's not possible due to pregnancy.

She has OWP till mid-2021. She has OHIP coverage till that time as well, so if she delivers a baby in Canada it's covered by OHIP. Also, if I sponsor her after, she will be able to combine her PR application with the OWP application at the same time, not sure if that will allow her to prolong her OHIP coverage, but if we need to, we will apply for private insurance till she gets a PR card. If she is not eligible for OWP because it's a pilot program till July 31, 2020, we will apply her for a visitor visa.

Also, there is a thread where people having similar issues with spouse accompanying/non-accompanying. It seems like some people got PR for both despite the fact that they mentioned their spouse as non-accompanying. I think it depends on the visa officer and he makes the final decision to recalculate your CRS or not.

If you look at the official Express Entry glossary, you will find the definition of non-accompanying family members:
https://www.canada.ca/en/services/immigration-citizenship/helpcentre/glossary.html

Non-accompanying family members - Family members who are dependent on the principal applicant but who are not immigrating to Canada. They include a spouse or common-law partner, dependent children, and the children of a dependent child.

These people must be listed on the principal applicant’s application for permanent residence. They should have a medical exam so they can remain eligible for sponsorship at a later date.

As said above I believe that it's not mandatory to put your spouse/common-law partner as accompanying just because of the fact that they are with you in Canada already. People could have completely different circumstances and relationships and It doesn't mean that they wish to immigrate here.

Hope I answer your question

HI sorry, im very confused. How did you put non accompaying spouse when they are already in canada with you? i thnk the officer is asking you that and did you say it was becasue of the points, which is fine as long as you mentioned it you should be ok. what reason did you give that your wife isnt coming when she is already in canada

 

[Pgill2609]

As she lives with you in Canada, IRCC is not going to believe that you did it for any other reason but the points. You should have explicitly stated that you did it for the points, as IRCC does seem to accept that. It is very possible that you are going to receive a Procedural Fairness Letter for this.

i agree, if you didnt be honest and ircc have been accepting this then you are looking a PFL

 

[entlastet]

Why everyone seems thinking that I wasn't honest? I am and was completely honest.

Everyone in this forum just tries to scare people applying with spouses non-accompanying while they are already in Canada. Some applicants alone can have a higher score without a spouse and they can mention that as a reason while applying with spouse non-accompanying, by asking for a reason, I think IRCC just wants to verify that you understand what you are doing.

It is your right to put your spouse under application or not based on your different family circumstances. In my opinion, lying to IRCC means that while you have a common-law/married marital status you do not mention anything to them that you have a partner/spouse.

To sum up, I completely understand that one of the reasons was also a low score, but not the main one, because I could wait a couple more months to get extra points for work experience, but at that time she wasn't sure about immigrating, applying for a study permit or going back home. In addition, it's just a girlfriend with whom you live together. One day her name is Lisa, the other is Alexa. Why that should affect your application?

I have a bit different situation, where my partner got pregnant, while my application is in progress, as my common-law partner she anyway requires and passed a medical exam and so on. I'm just thinking if I need to add her to my application accompanying me or to wait for its approval and I can sponsor her after or if I add her now, what impact it be on my application.