I just want some advice from you guys, my application is still on process as a dependent child but I already declared my common law partner, what will gonna happen? Is there a chance I can get my PR?
DECLARATION OF A CHILD AND COMMON LAW
- Thread starter diomellebonjovi
- Start date
Please provide the whole details of your situation. It is possible that you are now in a difficult position but there is insufficient information to help.
My mother sponsor me, as a dependent child. My application is already on process, infact my passport is in immigration already, but aside from my passport I send also a note that I have a child and a common law partner for 1 year. And then they email me back, they requiring me to send NSO birthcertifacate of my child, and my Certificate of no marriage. And a partner questionnaire, if I have a common law partner . What should I expect about this? COULD I GET MY PR CARD OR NOT?
diomellebonjovi said:
You should expect that you will be dropped from your mother's application and not receive the PR visa. You no longer qualify to immigrate with your mother as a dependent if you have a common law partner.
You should read here: http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp
Definitions of dependent child (types A, B and C)
Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements of types A, B or C below:
TYPE A
The child is under the age of 22 and is single (not married and not in a common-law relationship).
TYPE B
The child has been continuously enrolled in and in attendance as a full‑time student at a post‑secondary institution accredited by the relevant government authority and has depended substantially on the financial support of a parent either:
since before the age of 22, or since marrying or entering into a common-law relationship (if it happened before the age of 22).
TYPE C
The child is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22, and is unable to provide for himself or herself because of a medical condition.
Note: Dependent children must meet the above requirements on the day the Case Processing Centre in Mississauga (CPC-M) receives a complete application. Whether or not they have attained the age of 22, children falling under type A must not be married or be involved in a common-law relationship at the time of visa issuance and when they enter Canada.
So were you a dependent based on TYPE A (simply were under 22 years old), or TYPE B (based on being enrolled full time in university)? If it was TYPE A, then declaring you are now in a common-law relationship would unfortunately immediately disqualify you from being defined as a dependent.
The only solution I could see is to say you are now separated from your common-law spouse and are truly "single" again, but even if you could get PR that way it means you can pretty much never sponsor the child's father to Canada in the future.
Definitions of dependent child (types A, B and C)
Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements of types A, B or C below:
TYPE A
The child is under the age of 22 and is single (not married and not in a common-law relationship).
TYPE B
The child has been continuously enrolled in and in attendance as a full‑time student at a post‑secondary institution accredited by the relevant government authority and has depended substantially on the financial support of a parent either:
since before the age of 22, or since marrying or entering into a common-law relationship (if it happened before the age of 22).
TYPE C
The child is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22, and is unable to provide for himself or herself because of a medical condition.
Note: Dependent children must meet the above requirements on the day the Case Processing Centre in Mississauga (CPC-M) receives a complete application. Whether or not they have attained the age of 22, children falling under type A must not be married or be involved in a common-law relationship at the time of visa issuance and when they enter Canada.
So were you a dependent based on TYPE A (simply were under 22 years old), or TYPE B (based on being enrolled full time in university)? If it was TYPE A, then declaring you are now in a common-law relationship would unfortunately immediately disqualify you from being defined as a dependent.
The only solution I could see is to say you are now separated from your common-law spouse and are truly "single" again, but even if you could get PR that way it means you can pretty much never sponsor the child's father to Canada in the future.
keesio
VIP Member
- May 16, 2012
- 4,795
- 396
- Category........
- Visa Office......
- CPP-O
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 09-01-2013
- Doc's Request.
- 09-07-2013
- AOR Received.
- 30-01-2013
- File Transfer...
- 11-02-2013
- Med's Done....
- 02-01-2013
- Interview........
- waived
- Passport Req..
- 12-07-2013
- VISA ISSUED...
- 15-08-2013
- LANDED..........
- 14-10-2013
diomellebonjovi said:
I guess you can lie (not recommended!) to CIC and hide it. But then you can get charged for misrepresentation (if they ever find out) and get your PR revoked, in addition to your mother's PR. And if you get away with it, you would never ever be able to sponsor your partner and child. But I don't know how you would try to hide it. You already sent CIC a note about it.
Yes. I know., thats why I send them a note, because I don't wanna lie. I'm still hoping that my application will be approve, . All I want is for me and my child go to canada
keesio
VIP Member
- May 16, 2012
- 4,795
- 396
- Category........
- Visa Office......
- CPP-O
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 09-01-2013
- Doc's Request.
- 09-07-2013
- AOR Received.
- 30-01-2013
- File Transfer...
- 11-02-2013
- Med's Done....
- 02-01-2013
- Interview........
- waived
- Passport Req..
- 12-07-2013
- VISA ISSUED...
- 15-08-2013
- LANDED..........
- 14-10-2013
diomellebonjovi said:
Just to confirm... you have lived with your partner for at least 12 consecutive months uninterrupted?
M
mikeymyke
Guest
Yes, you definitely won't get PR, but coming clean about your marital status is better, because had you lied and said you were single, sure you will have gotten PR, but now you can never sponsor your partner or your child, because you've excluded them, and that would be incredibly selfish and cold leaving your family behind for your own PR.
Coming clean about it, not getting PR, and going back to your home country to be with your partner and child, that's the right thing to do. Maybe it was a honest mistake that you and your parents didn't know that you had to be single to be sponsored as a dependent, but either way, you need to do what's best for your child, and that is, you cannot leave him/her behind, and you need to go back your child. All hope is not lost, you can always apply under a skilled worker class, here in Alberta, we have a huge skilled trade shortage, and if you have such an occupation, you can get PR in under a year.
Coming clean about it, not getting PR, and going back to your home country to be with your partner and child, that's the right thing to do. Maybe it was a honest mistake that you and your parents didn't know that you had to be single to be sponsored as a dependent, but either way, you need to do what's best for your child, and that is, you cannot leave him/her behind, and you need to go back your child. All hope is not lost, you can always apply under a skilled worker class, here in Alberta, we have a huge skilled trade shortage, and if you have such an occupation, you can get PR in under a year.
@mikeymike, thank you for the advise. I was relief because of it. Even i I cant get my PR, I'm still thankfull that I have a partnet and child here in the Philippines...
