How to reply to the concern of not declaring the common law partner relationship?

[Ryan Wu]

Hi, my girlfriend and I lived together since Sep, 2014 by the time we both had our work permit and lived in Canada. Then, she applied for her PR through PNP and landed in Feb, 2016. Then we married in March and I submitted my application under family sponsorship in July, 2016, my wife as my sponsor.
Now, I have already received the letter ask me to do the Medical Examination which I thought I will be fine, but later I received letter states that the officer was not satisfied because my wife didn't declare me as her common law partner when she landed and the officer satisfied that we were in a genuine common law relationship. They want me to send more information to satisfy them. How can I reply?
Thanks

 

[mikeymyke]

Basically you have to show proof you were not common law before she landed as PR, otherwise she will lose it. Dont know why your wife didnt declare given it appears you lived together for atleast a year

 

[Ryan Wu]

Basically you have to show proof you were not common law before she landed as PR, otherwise she will lose it. Dont know why your wife didnt declare given it appears you lived together for atleast a year

That was a mistake. Since we were in fact lived together, how can we prove we were not in common law relationship? If not, does that mean my wife can never be a sponsor any more, and she will lose her PR status. Is there way we can fix this mistake?

 

[carolbb23]

That was a mistake. Since we were in fact lived together, how can we prove we were not in common law relationship? If not, does that mean my wife can never be a sponsor any more, and she will lose her PR status. Is there way we can fix this mistake?

it's true what mikeymyke said because what your wife did is was she was lying to them and cic does not take it to lightly and you cannot appreal because it's inland

 

[scylla]

That was a mistake. Since we were in fact lived together, how can we prove we were not in common law relationship? If not, does that mean my wife can never be a sponsor any more, and she will lose her PR status. Is there way we can fix this mistake?

There's no way to prove you weren't in a common law relationship. You were definitely common law since you had lived together for more than a year by the time your wife came to Canada and became a PR. You're looking at a guaranteed refusal.

You have two options to fix this mistake. In both cases I would start by withdrawing the sponsorship application asap. It has no chances of succeeding.

1) You apply to immigrate to Canada on your own through an economic stream like Express Entry.
2) Your wife officially renounces her PR status and leave Canada. Your wife then applies for PR again from scratch, this time including you in the application.

 

[Ryan Wu]

A further question is that, I applied the Bridge Open Work Permit to extend my stay in Canada. Will this work permit still be valid after I withdraw or be rejected for my PR application?

 

[scylla]

A further question is that, I applied the Bridge Open Work Permit to extend my stay in Canada. Will this work permit still be valid after I withdraw or be rejected for my PR application?

That's a good question - your situation is quite unique. I would say that will be up to CIC. It's possible they will leave the open work permit alone. Also possible they may cancel it.

 

[Ryan Wu]

There's no way to prove you weren't in a common law relationship. You were definitely common law since you had lived together for more than a year by the time your wife came to Canada and became a PR. You're looking at a guaranteed refusal.

You have two options to fix this mistake. In both cases I would start by withdrawing the sponsorship application asap. It has no chances of succeeding.

1) You apply to immigrate to Canada on your own through an economic stream like Express Entry.
2) Your wife officially renounces her PR status and leave Canada. Your wife then applies for PR again from scratch, this time including you in the application.

If she renounces her PR status, will there be any restriction for her to either apply or be including with my application of PR immediately? Such as, cannot apply PR within 5 year or something like this?

 

[scylla]

If she renounces her PR status, will there be any restriction for her to either apply or be including with my application of PR immediately? Such as, cannot apply PR within 5 year or something like this?

No - nothing like that. She can apply again immediately.

 

[Ryan Wu]

That's a good question - your situation is quite unique. I would say that will be up to CIC. It's possible they will leave the open work permit alone. Also possible they may cancel it.

So this is an not-sure question, my condition is that I don't have enough work experience to apply under express entry now. And my post graduate work permit is going to expiry within a month, my Bridge Open work permit will expire in 2019. Therefore, if say CIC cancel the BOWP, my wife and I would have no choice but leave. Say the chances are that CIC don't cancel my BOWP, which means I can still work in Canada, but does the work experience count when I apply under Express Entry later?

 

[scylla]

So this is an not-sure question, my condition is that I don't have enough work experience to apply under express entry now. And my post graduate work permit is going to expiry within a month, my Bridge Open work permit will expire in 2019. Therefore, if say CIC cancel the BOWP, my wife and I would have no choice but leave. Say the chances are that CIC don't cancel my BOWP, which means I can still work in Canada, but does the work experience count when I apply under Express Entry later?

Yes - that work experience can be counted towards EE. Note that you have an open work permit - not a bridging open work permit. BOWPs are specific to the economic immigration stream.

Also, note that your wife will be asked to leave Canada once she renounces her PR status - so there's her situation to think about as well. She can convert her status to visitor (and remain but not work). If she wants to work, she'll need to get a job offer and approved LMIA so that she can apply for a closed work permit. She won't be able to get an OWP based on the fact you have a job.

 

[canadianwoman]

Your wife could keep her PR status. Cancel your PR application, since it will not be accepted. Hope CIC does not cancel your work permit. If it does not, you can apply for your own PR later when you have enough experience.

 

[Ryan Wu]

Your wife could keep her PR status. Cancel your PR application, since it will not be accepted. Hope CIC does not cancel your work permit. If it does not, you can apply for your own PR later when you have enough experience.

However, when I applied my own PR. I still need to disclose my wife's information, such as address history. Will the application raise such kind of concern again?
Even not, because my BOWP indicates "Pending FC APR", would the work experience count for EE application?

 

[canadianwoman]

Your wife's address history and the history of your relationship might cause her problems, but often CIC does not do anything about such issues unless someone complains. If you cancel your PR application, then CIC might ignore the possible grounds to cancel your wife's PR when you reapply based on your own experience.
Unless you two decide now to have her leave Canada and reapply, this time listing you as her spouse, I would not have her renounce her PR yet.

 

[jjedm]

Hi, I hope things ended up well for you Ryan Wu

I'm curious to know what did you end up doing? It seems you had to declare you were in common-law and you didn't. How did you fix this?

Hi, my girlfriend and I lived together since Sep, 2014 by the time we both had our work permit and lived in Canada. Then, she applied for her PR through PNP and landed in Feb, 2016. Then we married in March and I submitted my application under family sponsorship in July, 2016, my wife as my sponsor.
Now, I have already received the letter ask me to do the Medical Examination which I thought I will be fine, but later I received letter states that the officer was not satisfied because my wife didn't declare me as her common law partner when she landed and the officer satisfied that we were in a genuine common law relationship. They want me to send more information to satisfy them. How can I reply?
Thanks