Did not include common law partner for EE application

[dsl321]

I recently got confirmation for my permanent resident through EE. I am planning to sponsor my boyfriend under common law, but I did not include him for my application. He has a study permit right now. Will it impact my permanent resident for not disclose my marital status? Can he apply for PR right away?

We have been living together for more than 3 years, but we filed our tax separately while filing "Single". (He does not have any income, so I don't really worry about the tax.) Just not sure if it will impact my pr status if we do the common law right away.

 

[scylla]

I recently got confirmation for my permanent resident through EE. I am planning to sponsor my boyfriend under common law, but I did not include him for my application. He has a study permit right now. Will it impact my permanent resident for not disclose my marital status? Can he apply for PR right away?

We have been living together for more than 3 years, but we filed our tax separately while filing "Single". (He does not have any income, so I don't really worry about the tax.) Just not sure if it will impact my pr status if we do the common law right away.

You can never sponsor him as your common law partner if you failed to declare him in your own PR application. If you have already landed and become a PR, then it's too late and you can never sponsor him. If you have not yet landed and become a PR, then notify IRCC that you are common law, return your COPR and submit all of the paperwork required to add him to your application. It will likely take around six months for IRCC to review his documents, add him to your application, and for them to reissue your COPR.

 

[Copingwithlife]

I recently got confirmation for my permanent resident through EE. I am planning to sponsor my boyfriend under common law, but I did not include him for my application. He has a study permit right now. Will it impact my permanent resident for not disclose my marital status? Can he apply for PR right away?

We have been living together for more than 3 years, but we filed our tax separately while filing "Single". (He does not have any income, so I don't really worry about the tax.) Just not sure if it will impact my pr status if we do the common law right away.

Btw, you should not have been filing as single if your commonlaw regardless of his income

 

[ERCAN]

I recently got confirmation for my permanent resident through EE. I am planning to sponsor my boyfriend under common law, but I did not include him for my application. He has a study permit right now. Will it impact my permanent resident for not disclose my marital status? Can he apply for PR right away?

We have been living together for more than 3 years, but we filed our tax separately while filing "Single". (He does not have any income, so I don't really worry about the tax.) Just not sure if it will impact my pr status if we do the common law right away.

Do you support him financially in any way?
Is your relation publicly acknowledged? I.e on what grounds do you consider yourself in a common-law relation?

What I mean that co-habitation alone isn't enough for common-law. University room-mates are not common-law even if they rent together an apartment for the full duration of their studies. Sorry for being direct, but dating and even sleeping together doesn't really count as common-law either. Nor filling out "single" will make you "single". There are cases reported on this forum (I won't be looking for it since the search function is not good enough) where common-law partners weren't considered as such even though they lived together for a little over a year. However, there should be no signs of family-like relationship.

The problem is that you did identify yourself as common-law and that for 3 years already. That will be hard to disprove and the agent will have no problem in finding inconsistencies in your story.

As the common-law is vaguely defined, I suggest to evaluate your situation with an immigration lawyer (not with a consultant) to determine your true status in accordance to the law. Going directly that way will most certainly get you and your spouse in trouble.

 

[Ponga]

Do you support him financially in any way?
Is your relation publicly acknowledged? I.e on what grounds do you consider yourself in a common-law relation?

What I mean that co-habitation alone isn't enough for common-law. University room-mates are not common-law even if they rent together an apartment for the full duration of their studies. Sorry for being direct, but dating and even sleeping together doesn't really count as common-law either. Nor filling out "single" will make you "single". There are cases reported on this forum (I won't be looking for it since the search function is not good enough) where common-law partners weren't considered as such even though they lived together for a little over a year. However, there should be no signs of family-like relationship.

The problem is that you did identify yourself as common-law and that for 3 years already. That will be hard to disprove and the agent will have no problem in finding inconsistencies in your story.

As the common-law is vaguely defined, I suggest to evaluate your situation with an immigration lawyer (not with a consultant) to determine your true status in accordance to the law. Going directly that way will most certainly get you and your spouse in trouble.

I think it's quite clear from the OP's post that they were NOT `University room mates' and were in fact common-law in the eyes of IRCC.

We have been living together for more than 3 years, but we filed our tax separately while filing "Single". (He does not have any income, so I don't really worry about the tax.) Just not sure if it will impact my pr status if we do the common law right away.

 

[ERCAN]

I think it's quite clear from the OP's post that they were NOT `University room mates' and were in fact common-law in the eyes of IRCC.

I think I acknowledged this quite clear in my 3rd paragraph. However, I insist that "living together" doesn't constitute common-law.
My main thesis is that OP should not proceed without proper legal advise. Otherwise, this will certainly end-up as misrepresentation, no doubt.

 

[Ponga]

I think I acknowledged this quite clear in my 3rd paragraph. However, I insist that "living together" doesn't constitute common-law.
My main thesis is that OP should not proceed without proper legal advise. Otherwise, this will certainly end-up as misrepresentation, no doubt.

That ship has already sailed; the misrepresentation occurred with the OP's own PR application.

 

[Flyingfast]

What I mean that co-habitation alone isn't enough for common-law. University room-mates are not common-law even if they rent together an apartment for the full duration of their studies. Sorry for being direct, but dating and even sleeping together doesn't really count as common-law either.

The government's definition of common law. Living common-law means that you are living in a conjugal relationship with a person who is not your married spouse, and at least one of the following conditions applies: This person has been living with you in a conjugal relationship for at least 12 continuous months.

The government's definition is clear. You can't be living with someone in a relationship (Three years in this case) and twist it into something else.

 

[ERCAN]

The government's definition of common law. Living common-law means that you are living in a conjugal relationship with a person who is not your married spouse, and at least one of the following conditions applies: This person has been living with you in a conjugal relationship for at least 12 continuous months.

The government's definition is clear. You can't be living with someone in a relationship (Three years in this case) and twist it into something else.

From your statement: living with you in a conjugal relationship
Please define conjugal relationship.

 

[Flyingfast]

From your statement: living with you in a conjugal relationship
Please define conjugal relationship.

Again from the government's website. A conjugal relationship is one of some permanence, where individuals are financially, socially, emotionally and physically interdependent, where they share household and related responsibilities, and where they have made a serious commitment to one another.

 

[ERCAN]

Again from the government's website. A conjugal relationship is one of some permanence, where individuals are financially, socially, emotionally and physically interdependent, where they share household and related responsibilities, and where they have made a serious commitment to one another.

And from what part of the OP's post you made a conclusion that they are are financially, socially, emotionally and physically interdependent and made a serious commitment to one another. ?

 

[Flyingfast]

And from what part of the OP's post you made a conclusion that they are are financially, socially, emotionally and physically interdependent and made a serious commitment to one another. ?

They are in a relationship for over 3 years and living together. How do I know they made a serious commitment? Well the poster wants to sponsor them as a member of the family class! What matters is the government definition. Not your twisted view

 

[Copingwithlife]

“We have been living together for more than 3 years, but we filed our tax separately while filing "Single". (He does not have any income, so I don't really worry about the tax.)”

This inferring leads to one that they ARE in a commonlaw relationship. The only reason she didn’t fess up to changing their relationship status with the Government was the bf had nil income .
They were commonlaw

 

[ERCAN]

They are in a relationship for over 3 years and living together. What matters is the government definition. Not your twisted view

I asked a pretty simple question... but you who fail to support your own conclusion made on imaginative facts. Instead you start to insult your fellow forum members.... well done. I see no reason to respond to you any further. Have a great day. .

 

[Flyingfast]

I asked a pretty simple question... but you who fail to support your own conclusion made on imaginative facts. Instead you start to insult your fellow forum members.... well done. I see no reason to respond to you any further. Have a great day. .

So saying you are twisting the definition = I insulted you? This generation is offended easily, so I understand.