I would like to know that does the common law sponsorship take the same time as the spouse sponsorship? or due to irregular cases to officers it might takes longer? The reason of asking is, I have PR and I have engaged with my partner before I landed in Canada last year, he is in back home now. I want to file the common law sponsorship for my partner as we have all evidences. Although we have plan to legally get married this summer but in order to save the time I want to file the application sooner. Does it worth to try?
Common law sponsorship vs marriage sponsorship
- Thread starter samira_da
- Start date
Based on your previous posts, you had been living with your partner for several years before immigrating to Canada. Is that correct? If so, did you declare your partner in your PR application and was your partner medically examined?
Thanks for the reply, yes we have lived together but I didn't include him in my PR application because we were not married that time and I didn't know I can include my partner in the application as well. We decided I come to Canada and then later we apply for him. I just recently noticed that common law sponsorship is also accepted by Canada! Does it cause any issue that I didn't include him in my application previously?
Yes - unfortunately it is a big issue. Because you failed to include him in your application when you immigrated to Canada, you can never sponsor him for PR (even if you get married). He will have to find a way to immigrate to Canada on his own without being sponsored by you.samira_da said:Thanks for the reply, yes we have lived together but I didn't include him in my PR application because we were not married that time and I didn't know I can include my partner in the application as well. We decided I come to Canada and then later we apply for him. I just recently noticed that common law sponsorship is also accepted by Canada! Does it cause any issue that I didn't include him in my application previously?
If you try to sponsor him, best case scenario - he will be refused. Worst case scenario - he will be refused and you will also lose your own PR status for failing to declare him in your application (misrepresentation in your application).
Oh so sad!! we were preparing all documentations to file the application. However if we get married in a couple of months and introduce it as a recent relationship I still can not sponsor him? I see many people around me going back to home country getting married and file their sponsorship application and bring their spouse here.
Unfortunately it does, you should have declared your partner as your common law spouse in your PR application. If you attempt to sponsor him as your common law partner now, CIC may revoke your permanent residency on the grounds of misrepresentation. Your situation is sadly not uncommon and keeps coming back from time to time.samira_da said:Thanks for the reply, yes we have lived together but I didn't include him in my PR application because we were not married that time and I didn't know I can include my partner in the application as well. We decided I come to Canada and then later we apply for him. I just recently noticed that common law sponsorship is also accepted by Canada! Does it cause any issue that I didn't include him in my application previously?
One alternative is to renounce your permanent residency, restart the PR process and include your spouse in your new application.
If you do that, you will be committing misrepresentation (lying in your application). You should expect this lie to be discovered during background checks given the two of you have shared an address for years. Once that happens, your partner's application will be refused and your partner will be given a five year ban from Canada for misrepresentation. It's possible CIC will then go after you and move to revoke your PR status.samira_da said:Oh so sad!! we were preparing all documentations to file the application. However if we get married in a couple of months and introduce it as a recent relationship I still can not sponsor him? I see many people around me going back to home country getting married and file their sponsorship application and bring their spouse here.
I see!! ok thanks for all of your advices. I'm happy I asked my question here now for sure I will not file the sponsorship application. Actually he has applied through the skill worker program but we thought we can proceed the sponsorship application as well to speedup the migration process. It seems we should wait for his PR application.
That's a wise decision. Immigration fraud is not acceptable or worth the risk, especially if your spouse qualifies for a different immigration programme. Best of luck!samira_da said:I see!! ok thanks for all of your advices. I'm happy I asked my question here now for sure I will not file the sponsorship application. Actually he has applied through the skill worker program but we thought we can proceed the sponsorship application as well to speedup the migration process. It seems we should wait for his PR application.
Yes - that's the right thing to do.samira_da said:I see!! ok thanks for all of your advices. I'm happy I asked my question here now for sure I will not file the sponsorship application. Actually he has applied through the skill worker program but we thought we can proceed the sponsorship application as well to speedup the migration process. It seems we should wait for his PR application.