Common Law Sponsorship Questions/Currently on PGWP/Denied Entry in Past

[xcwk]

Hi,

I'm here on a PGWP from the US that expires at the end of Dec. 2022 after a getting a Bachelor Degree. I've been with my partner (a born Canadian citizen) for over a year, and we're planning on moving in together March 1 and we'll have both our names on the lease, hydro bill, internet bill, etc. We plan on getting married eventually, just not within the next few years. We plan on applying for a common law sponsorship after living together for a year, so next March/April. Under other circumstances, I would've applied via Express Entry, but the job market wasn't great when I graduated for my field, and then Covid hit and I haven't been able to obtain a 0, A, or B NOC job yet. I may still be able to apply for Express Entry if I find a skilled job before this December or get promoted at my current workplace, but otherwise, I'll be applying for sponsorship.

My first question, which may be a bit of a dumb question, but I worry a lot, is that my lease on my apartment will not end until March 31, and my partner plans to sublet his apartment. We will be living at and leasing an apartment together March 1, but we would both still have other, individually rented apartments. All of our mail and everything will be switched to our new apartment, but I'm just wondering if the CIC would look into that and find that we still have leases at other apartments at the time common law is declared and consider that strange.

Also, I should apply for a OWP with my Sponsorship application, right? Is there an implied status for PGWP? Application processing time would be around 12 months, meaning my PGWP would probably be expired before a decision was reached. I see a lot of people saying to apply outland from the US if possible, but since I'm working here, that's not a possibility right?

Finally, I voluntarily withdrew from the border, not specifically denied entry(?) a few years ago because my university told me I could get a temporary student permit since my study permit was not decided upon yet. At the border, they told me they'd never even heard of a temporary student permit and told me I had to turn around but that I was not being specifically denied entry and that I wouldn't have to declare this when entering Canada in the future. However, every time I fly into Canada, there is a mark on my customs form and I have to go to the immigration office and speak to an officer to get entry. After waiting, they usually just ask me a few general questions and let me pass. One year, though, when flying back into Canada, I was asked if I'd ever been denied entry, and I said no, to which the officer then responded and said I was lying and that they could deny me entry for lying. I only responded no because of what the first immigration officer told me. He seemed annoyed but let me through anyway, and now I always say that I have been refused entry to Canada before and explain the situation in my applications or if I'm asked at the border. I got my Study Permit and PGWP with no issues, and have never had any other issues at the border, so is this going to look bad on a PR application?

Thanks.

 

[armoured]

I've been with my partner (a born Canadian citizen) for over a year, and we're planning on moving in together March 1 and we'll have both our names on the lease, hydro bill, internet bill, etc. We plan on getting married eventually, just not within the next few years. We plan on applying for a common law sponsorship after living together for a year, so next March/April. ...
All of our mail and everything will be switched to our new apartment, but I'm just wondering if the CIC would look into that and find that we still have leases at other apartments at the time common law is declared and consider that strange.

The specific issue you raise should not be a problem. Key is that you factually reside together, and that the joint lease etc begins as of the day you say.

That said: it is your choice about common law vs married, but applicants DO occasionally have issues and more scrutiny when the common-law time together is 'close'. 12 months is a minimum; minor mistakes happen, and a day short of 12 months is the same as eight months. And the burden of proof in common law apps is on the applicant, whereas (legally) married is married; your relationship time together should address the genuine part fairly easily. By doing common law, you are taking more risk of issues arising that could be quite disruptive (eg if application returned due to a minor error or even refused).

In addition, getting married would allow you to apply a bit earlier and partly address the OWP/PGWP/timing issues below.

Reminder: 'common law' is not exactly the same as married in a strict legal sense, but in many/most respects, it is seen as a common law marriage. Why not do the civil part if it addresses your status issues more effectively?

But up to you and your partner.

Also, I should apply for a OWP with my Sponsorship application, right? Is there an implied status for PGWP? Application processing time would be around 12 months, meaning my PGWP would probably be expired before a decision was reached. I see a lot of people saying to apply outland from the US if possible, but since I'm working here, that's not a possibility right?

I don't know about the other parts but yes, you can apply outland while in Canada. Applying earlier would help with (potentially)

One year, though, when flying back into Canada, I was asked if I'd ever been denied entry, and I said no, to which the officer then responded and said I was lying and that they could deny me entry for lying. I only responded no because of what the first immigration officer told me. He seemed annoyed but let me through anyway, and now I always say that I have been refused entry to Canada before and explain the situation in my applications or if I'm asked at the border. I got my Study Permit and PGWP with no issues, and have never had any other issues at the border, so is this going to look bad on a PR application?

short form is, regardless of what you were told, some of the agents think you were denied entry. There's no penalty for telling the truth or for having been denied once at border (as your subsequent admissions show), so just face it straight on and say you were denied once. If you think necessary to write a short letter of explanation, do so.

 

[xcwk]

This was extremely helpful, thank you so much for answering pretty much all of my questions!

 

[armoured]

This was extremely helpful, thank you so much for answering pretty much all of my questions!

Sorry, my second paragraph was curtailed, I lost the thread there.

My point was that timing of spousal application and either getting landed or the OWP may be tight if you apply after establishing common law (eg your March 2022). Obviously delays are bad because of covid now, but who knows whether it will have improved by next year. So if you wish to avoid a gap in ability to work - which I assume would be a negative for an employer - being able to apply earlier would potentially make a big difference.

All applications are currently taking longer with substantial backlogs (compared to before covid); hard to say but outland currently 12 months is more the norm (before 80% were less than 12 months), and I don't follow inland applications but I think even bigger delays (and OWP also much slower than the previous 4-6 months). These are both not accounting for unusual delays, applications being returned (sometimes after 4-6 months), other problems arising.

Obviously you can look into the threads here but the potential advantage of just moving up your wedding instead of going common law is pretty obvious. (Marry tomorrow, for example, and you can apply as soon as you get your wedding certificate, I think 4-8 weeks in most provinces)