conflict of common law

[downinglee]

I really need help here.

I got ITA recently and my girlfriend will be my common law partner. Last year October, I realized that I should have a common law declaration and had a lawyer to certified our common law relationship starting from 2014 January

However, i applied my work permit in May 2014 and at that time I stated myself as single.
2016 September, my gf graduated with master degree in canada and then applied her work permit with single status as well. We did not realized the common law problem until 2016 october.

Are these gonna affect my application? What should be the solution?

 

[downinglee]

anyone has idea?

 

[downinglee]

I really need help here

 

[wildemam]

You will face a mispresentation if you applied this way and your application will get refused. If you still can declare your common law starting later than your other applications, you may be able to go through with it. Applications as single will cause you a huge problems, as you already sent a schedule A not containing your partner.

 

[xpressentry]

You need to decide your relationship status. Both of you need to stick to it and be consistent. If not, it's misrepresentation.

 

[downinglee]

You will face a mispresentation if you applied this way and your application will get refused. If you still can declare your common law starting later than your other applications, you may be able to go through with it. Applications as single will cause you a huge problems, as you already sent a schedule A not containing your partner.

Well, 2017 Jan, my gf renew her visa and submit the schedule A with conjugal relationship starting in 2014 Jan.

 

[wildemam]

Well, 2017 Jan, my gf renew her visa and submit the schedule A with conjugal relationship starting in 2014 Jan.

If so they have a record, then you should stick to a story and explain clearly everything.

 

[downinglee]

If so they have a record, then you should stick to a story and explain clearly everything.

It is gonna be a big trouble right?

 

[downinglee]

anyone has idea?

 

[kryt0n]

Yes and No here.

You guys have caused issues with conflicting common law status.

In theory, each application is marked on its own merit.

Now, a work permit and a student permit have different rules. By saying you were both single you were essentially saying "I am not in a relationship and I'm not bringing anyone with me to Canada". At least the second part of that is true.

If I were you I would be completely honest in this PR application. State your common law start date and back it up with LOTS of proof, as prior to this you have claimed you were single.

It will only be misrepresentation if you lie on THIS application. Be honest, back it up as best you can. You only need to prove 12 months of living together, it doesnt have to be the 12 months preceding your app.

 

[kryt0n]

Another point to make is that I also did something similar.

My partner and I started dating aug 2011, we BECAME common law Aug 2012.

My IEC application sent off in march 2013 we listed as single. This was mostly because we had no idea what common law was (it's not a legal thing in the uk). However in Oct 2014 we applied as common law. That work permit was rejected because of a failed lmia. Point is that my IEC work visa would not have mattered if I was single or married as I couldn't have added a partner on the app.

Be honest in THIS application. Maybe don't highlight in your app that you 'lied' in the past. Just submit the declaration and LOTS of evidence.

 

[downinglee]

that is exactly what we did. We though common law should be between a Canadian and a non Canadian until we met the lawyer last year.

So basically, there was no question been raised in your application?

 

[kryt0n]

that is exactly what we did. We though common law should be between a Canadian and a non Canadian until we met the lawyer last year.

So basically, there was no question been raised in your application?

I haven't submitted yet, but every source I have found indicates that as long as we are honest here, and can demonstrate 1 year of cohabitation at any point since Aug 2011, we will be ok.

As an added complication our tax common law date is may 2013. This is because boyfriend and I had different addresses until may 2012.

Common law is very subjective. Just prove 12 months continuous at some point during your relationship. Relax. Just be honest in this application. I wouldn't highlight a past error.

 

[downinglee]

I haven't submitted yet, but every source I have found indicates that as long as we are honest here, and can demonstrate 1 year of cohabitation at any point since Aug 2011, we will be ok.

As an added complication our tax common law date is may 2013. This is because boyfriend and I had different addresses until may 2012.

Common law is very subjective. Just prove 12 months continuous at some point during your relationship. Relax. Just be honest in this application. I wouldn't highlight a past error.

So you have a lawyer? Did he/she tell you that?

 

[kryt0n]

No. However for the most part lawyers know very little in common law status (except spousal sponsorship). Right now you need to demonstrating 12 months of common law status. It does not have to be immidiately before the application is sent in. You just have to prove at some point you lived with your spouse for 12 months. That's CIC rules.