Expired PR and Common Law Partner Question

[MRWOLF]

Hi All,

I am currently in Canada, working, living, paying tax, have a SIN etc.. for about 13 months. My PR card recently expired and I will only meet Residency Obligation next year August 2024 to renew.

My girlfriend of 3 years is living with me in Canada (French National) currently under the International Experience Canada Visa. This visa will expire in May 2024.

She is currently applying for her PR.

My question is:

Should she list me as a Common Law Partner on her PR application to get the extra points, although my current PR card is expired? Is there any risk in doing this?

I do not meet the RO for renewal until next year. I don't want IRCC snooping into my RO if I can avoid it.

I appreciate any advice.

 

[armoured]

Should she list me as a Common Law Partner on her PR application to get the extra points, although my current PR card is expired? Is there any risk in doing this?

I do not meet the RO for renewal until next year. I don't want IRCC snooping into my RO if I can avoid it.

My (somewhat educated) opinion is that no, her listing you as common law partner/PR on her PR app runs very low risk (probably nil) of them looking into your RO. They typically only do so at border crossings and other 'applications' made by you (PR card renewal, etc).

If you wish to sponsor her for PR, you should wait until you are back in compliance to do so.

 

[scylla]

Hi All,

I am currently in Canada, working, living, paying tax, have a SIN etc.. for about 13 months. My PR card recently expired and I will only meet Residency Obligation next year August 2024 to renew.

My girlfriend of 3 years is living with me in Canada (French National) currently under the International Experience Canada Visa. This visa will expire in May 2024.

She is currently applying for her PR.

My question is:

Should she list me as a Common Law Partner on her PR application to get the extra points, although my current PR card is expired? Is there any risk in doing this?

I do not meet the RO for renewal until next year. I don't want IRCC snooping into my RO if I can avoid it.

I appreciate any advice.

She cannot claim any extra points for you since you are already a PR.

 

[MRWOLF]

She cannot claim any extra points for you since you are already a PR.

I am referring to her PR application. She will gain extra points by listing me as a Common Law Partner with a PR.

 

[MRWOLF]

My (somewhat educated) opinion is that no, her listing you as common law partner/PR on her PR app runs very low risk (probably nil) of them looking into your RO. They typically only do so at border crossings and other 'applications' made by you (PR card renewal, etc).

If you wish to sponsor her for PR, you should wait until you are back in compliance to do so.

Thank you for the detailed response.

 

[scylla]

I am referring to her PR application. She will gain extra points by listing me as a Common Law Partner with a PR.

Yes, I know you are referring to her PR application.

How is she applying for PR? Through Express Entry? If so, she gets no extra points for you.

 

[armoured]

How is she applying for PR? Through Express Entry? If so, she gets no extra points for you.

I was wondering that as I recall having been surprised that basically you only get points for some relatives, and not spouses - but I don't follow that side of things much at all.

 

[MRWOLF]

Yes, I know you are referring to her PR application.

How is she applying for PR? Through Express Entry? If so, she gets no extra points for you.

Yes - Express Entry. My bad - I thought she would get extra points by adding me, as a few CRS score calculators seem to show higher scores when adding me as a Common Law Partner.

Thank you for clarifying.

 

[scylla]

Yes - Express Entry. My bad - I thought she would get extra points by adding me, as a few CRS score calculators seem to show higher scores when adding me as a Common Law Partner.

Thank you for clarifying.

Unfortunately she cannot claim these points since you are already a PR. She would only be able to claim them if you were not yet a PR and an accompanying dependent in her application.

 

[scylla]

I was wondering that as I recall having been surprised that basically you only get points for some relatives, and not spouses - but I don't follow that side of things much at all.

You can get points for a common law / spouse as an accompanying dependent in your application (you can get points for factors such as their language test results, work experience, etc). However in order to be an accompanying dependent in the application, your spouse / common law partner cannot already be a PR. So in other words, someone who is already a PR cannot be listed as accompanying in an EE application - so no points in the OP's situation.

 

[armoured]

You can get points for a common law / spouse as an accompanying dependent in your application (you can get points for factors such as their language test results, work experience, etc). However in order to be an accompanying dependent in the application, your spouse / common law partner cannot already be a PR. So in other words, someone who is already a PR cannot be listed as accompanying in an EE application - so no points in the OP's situation.

Right - I found it weird you don't get points for having a PR or citizen spouse, although of course in most cases that PR / citizen spouse could/would just sponsor.

 

[MRWOLF]

You can get points for a common law / spouse as an accompanying dependent in your application (you can get points for factors such as their language test results, work experience, etc). However in order to be an accompanying dependent in the application, your spouse / common law partner cannot already be a PR. So in other words, someone who is already a PR cannot be listed as accompanying in an EE application - so no points in the OP's situation.

Thank you and makes sense when you explain it like this. Much appreciated.