Hello, my bf and would like to file my Permanent Residency under common law from Ontario. We currently live in Quebec and will be moving to Toronto in June because I got a refusal letter for my PEQ in Quebec and my Work permit expires in November this year. He has been wanting to move to a different province for better job already. He recently received his PR in Quebec but in his application he applied stating that he is single. However now we will be filing the application for me stating that we’re in a common law relationship. I read on a certain group that this could be considered misrepresentation and he could have problems with his PR? What should I do in this case? Went to a lawyer and she said that i should apply for CSQ and still move from here, which is contrary to everything I have read online so I am a bit hesitant to believe her. She says that even if he said in his file that he is single it doesn’t matter. Please advice? Thank you!
Common law sponser
- Thread starter Asma20khan
- Start date
When did your common law status start - at what point had you lived together for twelve months? If he received his PR before that twelve month mark, it's not just misrepresentation for you, it is for him as well - and he could face a review of his PR status.
I'm not a lawyer and will not provide legal advice. However, if your boyfriend was in a common law relationship prior to receiving his PR, then there is some cleaning up to do.
I'm not a lawyer and will not provide legal advice. However, if your boyfriend was in a common law relationship prior to receiving his PR, then there is some cleaning up to do.
So we’ve been together since 5 years but our bank statement joint has only started a year ago, in December. Which is one of the proofs we will be submitting.
I think it won’t be a problem if you have not file taxes together or sharing accommodation, bills, insurance...etc. Whatever you have to provide to proof your relationship with him is the element they consider. If you have not been living with him in a conjugal relationship for continuous 12 months, they don’t consider you are common-law partners. If that wasn’t the case, yes, it would be a misinterpreted case. However, if you would clam your relationship from a date after his PR application, there would not be a problem.
So I think it depends on when you want to start counting the 12-month cohabitation.
So I think it depends on when you want to start counting the 12-month cohabitation.
Except for when they need to provide address histories and CIC sees they've been living together for longer than they claim the relationship (if that's what happened)
People will avoid including a spouse on PR applications because they think it will speed up the process. CIC rightfully doesn't like this.
If the common law relationship started before the PR was awarded to the boyfriend, he could be barred from ever sponsoring her. The consequences of that kind of misrepresentation are serious.
And you don't just get to "choose" when your common law relationship started. It has a legal definition.
People will avoid including a spouse on PR applications because they think it will speed up the process. CIC rightfully doesn't like this.
If the common law relationship started before the PR was awarded to the boyfriend, he could be barred from ever sponsoring her. The consequences of that kind of misrepresentation are serious.
And you don't just get to "choose" when your common law relationship started. It has a legal definition.
Your partner committed misrepresentation, immigration fraud. He was legally required to include you in his application. Because he didn't, you are forever excluded from the Family Class and he can never sponsor you.
No, it doesn't depend on when they want to start counting the cohabitation.
We’ve never filed taxes together or shared any bills before a year. He didn’t include me in his file because I was legally working here and planned to apply for my own documents. The sharing of account was also just as a precaution in case if something goes wrong with my PEQ which it has now. So for my second question it would be should I just let all this go now and be wise and continue on to apply my Express Entry because I can still give TEFAQ or IELTS. Hiwever my work permit expires in November end. Or should even think about applying for this sponsorship file?
Doesn't matter. You are common-law and he was legally required to include you. Unless you commit fraud when completing the sponsorship app, it will be refused. If you do apply and commit fraud and you are caught, you will be refused and banned from Canada. It would also notify IRCC that your partner committed fraud as well.
You need to focus on qualifying for PR independently.
We went to a lawyer at the time he was applying for his PR and were told that we cannot apply together because there isn’t enough proof because of which we were forced to take this path.
Bad lawyer, wrong advice.