Common-Law

[BankingExpressE]

Me and my common-law partner are both in Canada on PGWPs. She graduated later than me, so she has a few more years on her permit and has not taken any language tests, etc. Therefore, we decided that she would apply on her own later in the year/next year and I would apply on my own now without her as a dependent.

When I first created my profile, I called CIC and told them what I was doing and they said it was OK as long as I stated that I was in a common-law relationship, stated the correct number of family members, and answered no to the question "is your common-law partner included in this application".

I have 469 points, so in anticipation of the next draw, I called again to confirm what I was told the first time around, however, this time they said that even if she is applying on her own later, I must include her as a dependent on my application as well. This would be a big issue as she hasn't completed her IELTS, thus I would imagine my points would drop as a result.

Is anyone in the same situation or been able to confirm something on this with CIC? I've sent the EE team an email, but who knows how long that will take.

 

[canuck_in_uk]

Your common-law partner MUST be included in your application; she will need to fill out the forms, have a medical and obtain the necessary PCCs. You could include her as non-accompanying so that she can apply on her own later on but since the requirements are the same regardless, it would be pretty stupid to do so. There is no requirement for a dependent partner to do the IELTs.

Include her in your app and you will both get PR at the same time.

 

[BankingExpressE]

Your common-law partner MUST be included in your application; she will need to fill out the forms, have a medical and obtain the necessary PCCs. You could include her as non-accompanying so that she can apply on her own later on but since the requirements are the same regardless, it would be pretty stupid to do so. There is no requirement for a dependent partner to do the IELTs.

Include her in your app and you will both get PR at the same time.

Thanks for the reply. I know she must be included in the documentation, I guess the question is more related to whether she has to be a dependent or can be non-accompanying given that she has her own work permit that is valid for a while. Agree that it is kind of dumb to do everything twice, but my work permit expires in late June and my score would drop from 469 to 449 if I include her, so we don't want to risk missing out on the next draw and run out of time to get my BOWP.

 

[canuck_in_uk]

Thanks for the reply. I know she must be included in the documentation, I guess the question is more related to whether she has to be a dependent or can be non-accompanying given that she has her own work permit that is valid for a while. Agree that it is kind of dumb to do everything twice, but my work permit expires in late June and my score would drop from 469 to 449 if I include her, so we don't want to risk missing out on the next draw and run out of time to get my BOWP.

You can include her as a non-accompanying dependent if you choose to. With only 3 months until your work permit expires and no ITA yet, you are cutting it very close to get a BOWP.

If your common-law partner is working a NOC 0, A or B job, you can apply for an OWP based on her status.

 

[BankingExpressE]

You can include her as a non-accompanying dependent if you choose to. With only 3 months until your work permit expires and no ITA yet, you are cutting it very close to get a BOWP.

If your common-law partner is working a NOC 0, A or B job, you can apply for an OWP based on her status.

I know, which is why I don't think I can afford dropping the 20 points and wait for us to apply together. Thanks for the heads up on the common law OWP, she works in NOC 1112, so that might be a back-up plan.

 

[Pippin]

If you are common law then you would be misrepresenting your status if you apply as a single. I am sure you have thought of this. Is there already a government record of you as a common law couple? Income tax returns, health benefits, etc?

 

[canuck_in_uk]

I know, which is why I don't think I can afford dropping the 20 points and wait for us to apply together. Thanks for the heads up on the common law OWP, she works in NOC 1112, so that might be a back-up plan.

OK. But it makes a lot more sense to just include her as accompanying in the PR app, forget about applying for a BOWP and just apply for a dependent spouse OWP right now based on her status.

If you are common law then you would be misrepresenting your status if you apply as a single. I am sure you have thought of this. Is there already a government record of you as a common law couple? Income tax returns, health benefits, etc?

He would not be applying as single. He would declare the common-law partner as non-accompanying. This is not misrepresentation.

 

[Pippin]

Sorry if I got it wrong, but that's how I understood this paragraph. "I have 469 points, so in anticipation of the next draw, I called again to confirm what I was told the first time around, however, this time they said that even if she is applying on her own later, I must include her as a dependent on my application as well. This would be a big issue as she hasn't completed her IELTS, thus I would imagine my points would drop as a result." "My score would drop...if I include her."
I am definitely not an expert, but I have never seen it documented that it is acceptable to claim the points of a single applicant if the partner/spouse is non-accompanying. I am prepared to be proved wrong if I missed this point somewhere.

 

[BankingExpressE]

OK. But it makes a lot more sense to just include her as accompanying in the PR app, forget about applying for a BOWP and just apply for a dependent spouse OWP right now based on her status.


He would not be applying as single. He would declare the common-law partner as non-accompanying. This is not misrepresentation.

Correct. Spoke to another agent who said it's perfectly fine to have her as non-accompanying. However, he recommended including a letter of explanation regarding why we did it that way. Thanks for the info on the OWP - looks like it could be the way to go.

 

[Pippin]

To clarify, are you saying that a married couple could also claim the higher points if the spouse is non-accompanying? Has anyone found this in CIC manuals or website?

 

[BankingExpressE]

To clarify, are you saying that a married couple could also claim the higher points if the spouse is non-accompanying? Has anyone found this in CIC manuals or website?

Yes, but I'm trying to find an official source that states this is OK as it would be tough to prove that I got the thumbs up from an agent if this becomes an issue down the line. I have sent an email to the EE team, and will copy their answer here as soon as I get it. If anyone finds an official source, please share.

 

[Pippin]

Yes, but I'm trying to find an official source that states this is OK as it would be tough to prove that I got the thumbs up from an agent if this becomes an issue down the line. I have sent an email to the EE team, and will copy their answer here as soon as I get it. If anyone finds an official source, please share.

Keep up the good work. It will be helpful to many if you can find an official source.

 

[canuck_in_uk]

BankingExpressE, I really would advise you to include your partner as accompanying. The draws are happening every week or two and the cutoff went from 735 on draw 4 to 481 for draw 5, so I doubt those 20 points will make any difference in getting an ITA anyways.

The BOWP argument should not factor in your decision whatsoever since you can already apply for an OWP now based on your partner's status and not have to stop working.

 

[BankingExpressE]

BankingExpressE, I really would advise you to include your partner as accompanying. The draws are happening every week or two and the cutoff went from 735 on draw 4 to 481 for draw 5, so I doubt those 20 points will make any difference in getting an ITA anyways.

The BOWP argument should not factor in your decision whatsoever since you can already apply for an OWP now based on your partner's status and not have to stop working.

After talking to a lawyer, I have come to the same conclusion. We are now applying together and she is taking her IELTS this weekend. I'm scrapping the BOWP and going with OWP. Thanks for the help - really appreciate it!

 

[canuck_in_uk]

After talking to a lawyer, I have come to the same conclusion. We are now applying together and she is taking her IELTS this weekend. I'm scrapping the BOWP and going with OWP. Thanks for the help - really appreciate it!

Good to hear. Good luck with your app.