Common Law Sponsorship documentation

[Eight]

I'm currently in the process of sponsoring my common-law partner under the family sponsorship class. I'm a permanent resident of Canada since September 2012.

I met my partner on March 2005 when I arrived at Taiwan. We officially dating on March 8, 2006. In Nov 2006, my partner needs to go back to Philippines because his contact was to expire and also his Alien Resident Card. We entered long distance relationship from the time I went home until Febraury 2008 when I finished my contract in Taiwan. We started living together from March 2008 to April 2010. We lived at my parent’s house together with my siblings, my nephews and my grandmaother. We entered again long distance relationship when I got my work permit to work in Canada on April 27, 2010.

We have a joint bank account. He has life insurance/investment naming me as his beneficiary. I declared him in my Social Secuirty as my beneficiary. I also declared him this March 2015 as my common-law partner to Canada Revenue Agency (CRA).

The problem is we don’t have any document showing we shared the same address. All his mails and bills were addressed to his permanent residence and to his office address. But he has one ID (school ID) addressed to my parent’s house when we studied F&B at one of the technical school in Philippines. Is that sufficient proof we live together in one roof? One of our friends, suggested that we ask our parents to secure affidavit to proof that we live together. Is this acceptable by CIC? We have a lot of pictures taken at our house together and with my families. Is this also acceptable by CIC?

The other problem is he has a child. He got his friend pregnant, but they never lived together. The child is living with his mother. Custody is not a problem with them. He can visit the the child anytime. The child spends his vacation at my common-law partner province with his grandparents until school comes. Actually, they are good friends. We are planning to sponsor his child soon. Does my partner secure IMM 5604?

I appreciate any suggestions and advice. Thanks.

 

[canadianwoman]

Because you became a PR in September 2012 you should have declared your common law partner on the forms then. Did you? And did your partner have a medical exam? If you did not, stop trying to prove you were common law before you got PR. If you were common law when you got your PR but said you were single, you cannot sponsor your partner now as common law. Better to say you weren't living together, but were just boyfriend and girlfriend. If you can get married you can sponsor your partner as your spouse.

 

[Eight]

Because you became a PR in September 2012 you should have declared your common law partner on the forms then. Did you? And did your partner have a medical exam? If you did not, stop trying to prove you were common law before you got PR. If you were common law when you got your PR but said you were single, you cannot sponsor your partner now as common law. Better to say you weren't living together, but were just boyfriend and girlfriend. If you can get married you can sponsor your partner as your spouse.

No, I did'nt declare him on the forms because on that time I am not ready to disclose who I am especially to my boss who sponsors me to become PR. Same- sex relationship.

 

[scylla]

No, I did'nt declare him on the forms because on that time I am not ready to disclose who I am especially to my boss who sponsors me to become PR. Same- sex relationship.

In that case you can't be sponsored as a common law partner.

 

[Eight]

In that case you can't be sponsored as a common law partner.

Honestly, sponsoring him is just my second choice. My first choice is to invite him here as visitor visa. What can you suggest when filling out the application for visitor visa as his current marital status? Shall he declare me as his common law partner? or just a friend? Appreciate any advice. Thanks.

 

[erwinjohn997]

Honestly, sponsoring him is just my second choice. My first choice is to invite him here as visitor visa. What can you suggest when filling out the application for visitor visa as his current marital status? Shall he declare me as his common law partner? or just a friend? Appreciate any advice. Thanks.

actually scylla is correct you can never sponsor your partner 'coz you did not declare it. Yes you can Invite your partner to visit Canada and stay together for continuous one year. I think visitor visa would not work 'coz it only allow him to stay for 6 months.

 

[Eight]

actually scylla is correct you can never sponsor your partner 'coz you did not declare it. Yes you can Invite your partner to visit Canada and stay together for continuous one year. I think visitor visa would not work 'coz it only allow him to stay for 6 months.

Thanks Erwinjohn997. Since, I am not qualified to sponsor my common-law partner, I will stick to my first choice to invite him here as visitor visa. Now, my question is in filling out the IMM 5257 (TRV) and IMM 5645 (Family Information), can he declare me as his common-law partner or just a friend? I need your advice pls. Thanks.

 

[erwinjohn997]

Thanks Erwinjohn997. Since, I am not qualified to sponsor my common-law partner, I will stick to my first choice to invite him here as visitor visa. Now, my question is in filling out the IMM 5257 (TRV) and IMM 5645 (Family Information), can he declare me as his common-law partner or just a friend? I need your advice pls. Thanks.

no need to declare him. bro. pinoy ka ba? wag mo na siya ivisitor mag student nalang siya since titira kayo sa isang bahay for one year dito sa Canada eh ang valid lang ng visitor is 6 months lang..

 

[Rob_TO]

You need to understand the very important fact that if you disclose to CIC in any way that you had previously cohabited with your partner for 1 year before you landed as a PR, then he will be permanently banned forever to be sponsored by you under family class. It won't matter if at some point you get married or live together another 12 months, he will still be banned and will have to find his own way to immigrate to Canada (i.e. as a skilled worker) if you ever expect to eventually live here together.

So while this may not matter to you now in applying for a TRV, it certainly will matter if you ever intend to live together in Canada at any point in the future. Not to mention if the cohabitation history ever comes up in his PR app, not only would he be banned from sponsorship but CIC could then investigate you for committing misrepresentation on your own PR form by not declaring him.

So you seem to be in a very complex and messy situation, where you have already changed your marital status to common-law with CRA, based on something that happened before you landed as a PR and will disqualify you from ever sponsoring your partner and his child.

 

[Eight]

no need to declare him. bro. pinoy ka ba? wag mo na siya ivisitor mag student nalang siya since titira kayo sa isang bahay for one year dito sa Canada eh ang valid lang ng visitor is 6 months lang..

We have plans, bro. Kailangan lang makarating dyan. Since, we are not qualified for family class sponsorship, visitor nalang muna. The problem is he declared me in his CRA this year. Will this affect kaya may application for TRV kapag sinabi namin na close friend?

 

[Eight]

You need to understand the very important fact that if you disclose to CIC in any way that you had previously cohabited with your partner for 1 year before you landed as a PR, then he will be permanently banned forever to be sponsored by you under family class. It won't matter if at some point you get married or live together another 12 months, he will still be banned and will have to find his own way to immigrate to Canada (i.e. as a skilled worker) if you ever expect to eventually live here together.

So while this may not matter to you now in applying for a TRV, it certainly will matter if you ever intend to live together in Canada at any point in the future. Not to mention if the cohabitation history ever comes up in his PR app, not only would he be banned from sponsorship but CIC could then investigate you for committing misrepresentation on your own PR form by not declaring him.

So you seem to be in a very complex and messy situation, where you have already changed your marital status to common-law with CRA, based on something that happened before you landed as a PR and will disqualify you from ever sponsoring your partner and his child.

Thank you very much. So what I am going to do? What is your advice or suggestion in this kind of matter?

 

[superman2012]

We have plans, bro. Kailangan lang makarating dyan. Since, we are not qualified for family class sponsorship, visitor nalang muna. The problem is he declared me in his CRA this year. Will this affect kaya may application for TRV kapag sinabi namin na close friend?

oh my? bat niya ikaw dineclare eh di ka naman niya dineclare sa application niya for PR? nako sobrang red flag yan bro.. ung BF ko di pa niya ako nilagay sa CRA niya and application niya since ngyn lang kami ng sasama ditp sa Canada. I came here as student so I can stay here for 2 years and sakto after one year saka kami mag aapply ng sponsorship. sa Case mo bro mejo mahirap na nga makapasok sa family class kasi dineclare ka sa CRA but sa application niya hindi? sobrang mali ng ginwa niya dapat di ka niya dineclare sa CRA para kahit papano pwede ka pumunta dito and mag stay sknya for one year then apply na....

 

[Rob_TO]

Thank you very much. So what I am going to do? What is your advice or suggestion in this kind of matter?

The only chance you would have to sponsor him is if you felt your time living together back in 2008-2010 at your families home, was not really "cohabitation". So perhaps if he had another primary residence elsewhere, or even if you had your own separate rooms in the home during that time, there would be an argument that it was not really cohabitation so you were not really common-law.

If you feel this is the case, then I would do the following:
1. Immediately change your status back to "single" with the CRA, and re-file any taxes you have already done as common-law, as single instead. Also remove any other reference to common-law on any other products or with any other companies.
2. After you get married or cohabit for a new 12 months to become common-law, then when doing his PR app he should not put your identical families address as his primary residence for 2008-2010. If he had some other residence elsewhere he should use that instead, or if you had different rooms in the home then he should put that on the app (i.e. in your address history it could say "apartment 1", and on his history it would have the same basic address but then "apartment 2" or something like that). In this way hopefully the visa officer would conclude that it was not real cohabitation and the reason you didn't claim him as common-law. Though I would guess there's a good chance any indication in the application you shared the same address, no matter if you explain in separate rooms, would result in an automatic refusal and you would then need to go through appeals.