Common law not declared

[elisha_megan]

I just want to ask help.. my husband want to start our sponsorship application.. im his common law wife but the agency who processed his application did not declare me and just advosed him to apply as single and later on marry me after he got his pr.. now that im reading a lot of bad news about misrepresentation im starting to lose hope.. how can we resolve this problem? Even if we get married it will not resolve the problem.. any help would be greatly appreciated...

 

[Qwertypod]

Unfortunately blaming the agency will not do anything, the application explains common law clearly. You will have to qualify to immigrate on your own, or he will have to renounce his PR and apply again with you.

Have you lived together for a full year at the time he applied?

 

[elisha_megan]

Even if it wasn’t our fault? They were the one who advised us to do so. When my partner got his csq that was when we found out that he was single we questioned it.. what if we get married? Will it resolve anything? Thank you so much..

 

[canuck_in_uk]

Even if it wasn’t our fault? They were the one who advised us to do so. When my partner got his csq that was when we found out that he was single we questioned it.. what if we get married? Will it resolve anything? Thank you so much..

IRCC doesn't accept the "my agent did it" excuse. He was 100% responsible for his app.

There is nothing you can do. Marrying won't fix it. You were required to be declared and included in his PR app. He committed misrepresentation and you are forever excluded from the Family Class.

 

[elisha_megan]

IRCC doesn't accept the "my agent did it" excuse. He was 100% responsible for his app.

There is nothing you can do. Marrying won't fix it. You were required to be declared and included in his PR app. He committed misrepresentation and you are forever excluded from the Family Class.

even an immigration lawyer cant help?

 

[scylla]

even an immigration lawyer cant help?

Correct - a lawyer cannot help.

 

[YVR123]

Even if it wasn’t our fault? They were the one who advised us to do so. When my partner got his csq that was when we found out that he was single we questioned it.. what if we get married? Will it resolve anything? Thank you so much..

The one advised your boy friend to not declare you but he could say no. He is the one who signed all the paperwork so he is responsible for what he signed and applied with. It's misrepresentation.

 

[zardoz]

And, before anyone asks : http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1487&top=14

Who’s not eligible for the pilot project?
You won’t be eligible if:

• you weren’t declared or examined when your sponsor became a permanent resident
  • in an economic category (including as a caregiver)
  • after being sponsored in the family class other than as a spouse, partner or child (for example, parent/grandparent and their dependents, other relatives)
  • in the permit holder class
  • as an applicant in-Canada based on humanitarian and compassionate grounds

 

[CarrieK]

But if they didnt live together for a full year then technically they wouldnt be common law. In that case, they could get married and do spousal sponsorship, no?

 

[zardoz]

But if they didnt live together for a full year then technically they wouldnt be common law. In that case, they could get married and do spousal sponsorship, no?

Yes, however the OP made the initial statement "im his common law wife" and all responses are based on that declaration.
If that is correct, there was/is significant misrepresentation and IRPR 117(9)(d) now applies.