Common law sponsorship and SOWP

[f23b23]

Hi All
I became a PR through the TR to PR program in 2022, and my partner is currently on PGWP which expires August, 2024.

1. We both came to Canada on student visa, we knew each other once we came here, but we are from the same country. We have changed cities, discussed college changes together and have always been the best of friends. We have been living at the same addresses over the years, separate rooms or separate beds. It’s been a friendship of 4 years,then a few months of realization and dating and then entering common law on Feb, 2023. We signed the Stat declaration of common law union on Feb, 2024, and also changed marital status around the same time in 2024 while applying for taxes. Will that be a problem that we let CRA/ IRCC know about this after we signed a declaration, and not when we started the relationship? We have enough proof to justify the one year we dated. The living at same address was due to being from the same background, some comfort when homesick, being able to relate to someone, but we honestly never dated up until 2023 Feb. It’s genuine and I can absolutely explain it well in a letter, but not sure what proof should be provided, so that my PR isn’t revoked.

2. My partner (Principal Applicant) currently earns more than I do. Her PGWP expires soon. Will it be wise to submit a SOWP via webform along with the application, or is it better to wait for AOR anyway? What if AOR is late, can she apply as we get close to the expiry date?

Your input in greatly appreciated!

 

[scylla]

Hi All
I became a PR through the TR to PR program in 2022, and my partner is currently on PGWP which expires August, 2024.

1. We both came to Canada on student visa, we knew each other once we came here, but we are from the same country. We have changed cities, discussed college changes together and have always been the best of friends. We have been living at the same addresses over the years, separate rooms or separate beds. It’s been a friendship of 4 years,then a few months of realization and dating and then entering common law on Feb, 2023. We signed the Stat declaration of common law union on Feb, 2024, and also changed marital status around the same time in 2024 while applying for taxes. Will that be a problem that we let CRA/ IRCC know about this after we signed a declaration, and not when we started the relationship? We have enough proof to justify the one year we dated. The living at same address was due to being from the same background, some comfort when homesick, being able to relate to someone, but we honestly never dated up until 2023 Feb. It’s genuine and I can absolutely explain it well in a letter, but not sure what proof should be provided, so that my PR isn’t revoked.

2. My partner (Principal Applicant) currently earns more than I do. Her PGWP expires soon. Will it be wise to submit a SOWP via webform along with the application, or is it better to wait for AOR anyway? What if AOR is late, can she apply as we get close to the expiry date?

Your input in greatly appreciated!

1. Might be best to speak with a lawyer. It's very unlikely your PR will be revoked however it's possible IRCC could say you were common law and failed to declare this.
2. Wait for AOR.

 

[armoured]

1. We both came to Canada on student visa, we knew each other once we came here, but we are from the same country. We have changed cities, discussed college changes together and have always been the best of friends. We have been living at the same addresses over the years, separate rooms or separate beds. It’s been a friendship of 4 years,then a few months of realization and dating and then entering common law on Feb, 2023.
...
The living at same address was due to being from the same background, some comfort when homesick, being able to relate to someone, but we honestly never dated up until 2023 Feb. It’s genuine and I can absolutely explain it well in a letter, but not sure what proof should be provided, so that my PR isn’t revoked.

When you say you 'entered common law on Feb 2023', what exactly do you mean? IRC terminology is, I believe, that one 'began' a common law relationship one year after the [conjugal] couple started living together. I would suggest you be VERY specific with IRCC, if true, that you began your relationship as a couple in [Feb 23] and therefore became a common law couple in [Feb 24].

Obviously and logically, the point when the relationship becomes romantic/conjugal would be the start of the relationship that becomes common law, but that is a MUCH harder thing to demonstrate than when cohabitation began. IRCC seems to be rather strict in mostly assuming that start of cohabitation means start of the romantic/conjugal relationship - strict in that you should assume that the burden of proof is mostly on the applicants to show that it was not a romantic/conjugal relationship [for the initial period before it became romantic/conjugal].

[Brackets] only to clarify that I assume that this is what you mean.

As you seem to have understood, the issue with IRCC will be whether you were cohabiting as a couple (conjugally) during the [four year] period prior to beginning a relationship WITHOUT it ever having been a conjugal/romantic relationship.

Some things that could support your case:
-best would be if there were other people also living with you in the same place, both because that would show this wasn't a 'unique' case of cohabitation, and because they could attest (write letters) confirming your contention.
-if you and your partner had dated other people during that four year period and can get some attestation to that effect, would help.

I'm sure there are other ways but those are the ones I can think of.

I might have suggested that marriage instead of just continuing to live together would possibly be positive as would support contention that somethig in your relationship changed. Too late for that now.

Again, you may wish to consult with a lawyer.