Common-Law Question

[canadaPermRes]

hi hope someone can shed some light about by query.

We have applied for FSW (federal skilled worker) and got approved (november 2011), we landed(may 2012) in canada and awaiting our PR card. When we applied my partner was the primary and i was the secondary on the application. Long story short we have started to drift apart and maybe calling it even, trying to work on it but i just want to know if there are any certain laws here in canada about our situation.

My question would be:

1. we applied as FSW with me being the secondary - will I even fall under family class or our application is totally different?
2. if i am the secondary and we broke up - will my partner be able to have me deported?
3. are there any rules or laws about PRs breaking up after they land in Canada? websites? links?

thanks in advance for your response.

 

[OhCanadiana]

hi hope someone can shed some light about by query.

We have applied for FSW (federal skilled worker) and got approved (november 2011), we landed(may 2012) in canada and awaiting our PR card. When we applied my partner was the primary and i was the secondary on the application. Long story short we have started to drift apart and maybe calling it even, trying to work on it but i just want to know if there are any certain laws here in canada about our situation.

My question would be:

1. we applied as FSW with me being the secondary - will I even fall under family class or our application is totally different?
2. if i am the secondary and we broke up - will my partner be able to have me deported?
3. are there any rules or laws about PRs breaking up after they land in Canada? websites? links?

thanks in advance for your response.

1. Totally different - you are his family under FSW. Family class is for Canadian citizen or PRs who are sponsoring their spouse (after they are PRs or citizens)

2. No.

3. As long as you were honest in your application and when you landed that you were his spouse you should be alright. If say, you had been separated before landing and didn't inform CIC or the border officer, you could be investigated and even deported for misrepresentation. But from what you say, that doesn't apply to you.

I hope you are able to sort things out with your relationship. But, if not, your PR status should be safe.

 

[canadaPermRes]

1. Totally different - you are his family under FSW. Family class is for Canadian citizen or PRs who are sponsoring their spouse (after they are PRs or citizens)

2. No.

3. As long as you were honest in your application and when you landed that you were his spouse you should be alright. If say, you had been separated before landing and didn't inform CIC or the border officer, you could be investigated and even deported for misrepresentation. But from what you say, that doesn't apply to you.

I hope you are able to sort things out with your relationship. But, if not, your PR status should be safe.

thank you for your response - that put things into perspective...
yep - we're working on it

cheers

 

[canadaPermRes]

1. Totally different - you are his family under FSW. Family class is for Canadian citizen or PRs who are sponsoring their spouse (after they are PRs or citizens)

2. No.

3. As long as you were honest in your application and when you landed that you were his spouse you should be alright. If say, you had been separated before landing and didn't inform CIC or the border officer, you could be investigated and even deported for misrepresentation. But from what you say, that doesn't apply to you.

I hope you are able to sort things out with your relationship. But, if not, your PR status should be safe.

hi canadiana,

just wanted to ask (was curious) what is the reason for #2 being "no"
hope you can shed some light on that.

thank you

 

[scylla]

hi canadiana,

just wanted to ask (was curious) what is the reason for #2 being "no"
hope you can shed some light on that.

thank you

The primary applicant does not have that kind of power over the secondary applicant. The secondary applicant's PR status is independent of the primary applicant now that you have landed.