Common Law Sponsorship

[Eight]

Hi! I need your assistance. I want to know if this case/situation is considered to file a common law sponsorship. We lived together in one roof at his parent's house for more than 2 years. April 2010, he left for Canada for work. We entered long distance relationship. When he left for Canada, I moved to my sister house where I am staying right now. We communicate everyday. He sent me money and packages. Had his vacation this March 2015 and went back to Canada last May 2015.

 

[canuck_in_uk]

Hi

When did he become a PR?

 

[canadianwoman]

Is he a Canadian citizen, a Canadian PR, or is he just in Canada on a work permit?

 

[Eight]

Hi

When did he become a PR?

September 2012.

 

[scylla]

September 2012.

Did he include you in his PR application as his common law partner? Did you go through the medical and security/background checks when he became a PR? If not - then he cannot sponsor you as a common law partner. He was obligated to include you in his application when he applied for PR.

 

[Eight]

Is he a Canadian citizen, a Canadian PR, or is he just in Canada on a work permit?

He is a Filipino with permanent resident status in Canada.

 

[canuck_in_uk]

As scylla said above, he was required to include you in his PR application as his common-law partner. If he didn't, you are forever excluded from the Family Class and he cannot sponsor you.

 

[Eight]

As scylla said above, he was required to include you in his PR application as his common-law partner. If he didn't, you are forever excluded from the Family Class and he cannot sponsor you.


[/quote

Thank you Scylla & Canuck. If I apply for visitor visa, can I declare him as my common law partner?

 

[canuck_in_uk]

Thank you Scylla & Canuck. If I apply for visitor visa, can I declare him as my common law partner?

He committed misrepresentation by not including you in his application. If CIC finds out, they could revoke his PR status and deport him.

 

[Eight]

He committed misrepresentation by not including you in his application. If CIC finds out, they could revoke his PR status and deport him.

I dont want that happen to him. Please advice me what to do when I apply for visitor visa. Really nees your help guys.

 

[canadianwoman]

Having a common-law partner in Canada will hurt the applicant's chances of getting a TRV. To get a TRV, the applicant has to show ties to his own country, such that the visa officer will believe that he will leave Canada and not overstay his visa.
It has been so long since you two have lived together that it would be completely believable to say you were just friends. I would not say the applicant wants to go see his common-law partner, nor would I admit that you are in a common-law relationship.

 

[Eight]

Having a common-law partner in Canada will hurt the applicant's chances of getting a TRV. To get a TRV, the applicant has to show ties to his own country, such that the visa officer will believe that he will leave Canada and not overstay his visa.
It has been so long since you two have lived together that it would be completely believable to say you were just friends. I would not say the applicant wants to go see his common-law partner, nor would I admit that you are in a common-law relationship.

Meaning, it is better so say we are boyfriends?

I have my own business and I am a co-owner of the business that we established with friends. What documents shall I enclose?

 

[DanSlh]

Meaning, it is better so say we are boyfriends?

I have my own business and I am a co-owner of the business that we established with friends. What documents shall I enclose?

Better to say you have friends in Canada.
Having a relationship with someone inside inside the country is a tie with Canada.

 

[Sheps]

This is one of those grey area's I think...

Are you actually common-law?
- Were you in a marriage like relationship when you were co-habitating or were you boyfriend and girlfriend?
- Did you have joint finances?
- Were you in a country that recognizes common-law?
- Did you consider yourself "dating" at the time or "married/partnered"?

 

[SchnookoLoly]

^ This is not correct. It doesn't matter whether the country you're in recognizes common-law... what matters is that Canada does. If they were living together as a couple, and OP's original post certainly says they were, then the partner is inadmissible as they were not declared when the other half became a Canadian PR. "Dating" still counts if you were living together and were in a conjugal relationship.

It's not a grey area at all. They were in a conjugal relationship, and they were living together for over a year, therefore in Canada's eyes they were a common-law partner and the partner needed to be declared.