not declaring my boyfriend on previous application as a permanent resident

[filipina]

hi

ive read a lot of forums and try to find some situations like my case but i failed so i wanna ask for your help guys. Im here in canada right now and im planning to get married next year and sponsor my husband to be. there is one thing really bothers me which is not declaring my boyfriend when the time of my application as MPNP. My boyfriend and I have a kid, when i filed my application (Jan2007) i was still single and then i got pregnant (October2007). I receive my Approval around Jan2008 i passed all the requirements including the letter of my pregnancy and expected delivery date (May2008). After giving birth to my Son I added him as my dependent.Visa Office-Manila ask me to make a "Statement of relationship" to the father of my son and i told them that we were still in a relationship as bf/gf and we will not live together because marriage is not my priority and When my parents learned about my pregnancy they were really upset and my father demanded that we had to get into marriage right away, since he is a well respected retired police officer in our place. But I’m firm with my decision that I wouldn’t get into married life until I accomplish my priorities to pursue my career, upgrade my education, establish myself financially in Canada. My parents were totally against about this idea that they almost disowned me as their daughter but they eventually accepted reality but not without the condition that we will not be living together unless we are married, though my boyfriend was allowed to sleep over more often just to see and take care of his son...., he lives with his mom and i lived with my parents.

we landed here last July2009 with my son... some people say i might be refuse if i sponsor him in the future because we were common-law because of our kid. As far as I know we were not common-law thats why i didn't put his name to the application and bcoz in the Philippines we don't recognize common-law. Now im afraid what might it cause btw my sons has his fathers last name..

hope you guys can help me

Thank you so much in advance..

 

[Karlshammar]

If you were not living together you were not common-law. Having a child together does not automatically make you common-law. You have to live together for at least 1 year to be considered common-law.

hi

ive read a lot of forums and try to find some situations like my case but i failed so i wanna ask for your help guys. Im here in canada right now and im planning to get married next year and sponsor my husband to be. there is one thing really bothers me which is not declaring my boyfriend when the time of my application as MPNP. My boyfriend and I have a kid, when i filed my application (Jan2007) i was still single and then i got pregnant (October2007). I receive my Approval around Jan2008 i passed all the requirements including the letter of my pregnancy and expected delivery date (May2008). After giving birth to my Son I added him as my dependent.Visa Office-Manila ask me to make a "Statement of relationship" to the father of my son and i told them that we were still in a relationship as bf/gf and we will not live together because marriage is not my priority and When my parents learned about my pregnancy they were really upset and my father demanded that we had to get into marriage right away, since he is a well respected retired police officer in our place. But I'm firm with my decision that I wouldn't get into married life until I accomplish my priorities to pursue my career, upgrade my education, establish myself financially in Canada. My parents were totally against about this idea that they almost disowned me as their daughter but they eventually accepted reality but not without the condition that we will not be living together unless we are married, though my boyfriend was allowed to sleep over more often just to see and take care of his son...., he lives with his mom and i lived with my parents.

we landed here last July2009 with my son... some people say i might be refuse if i sponsor him in the future because we were common-law because of our kid. As far as I know we were not common-law thats why i didn't put his name to the application and bcoz in the Philippines we don't recognize common-law. Now im afraid what might it cause btw my sons has his fathers last name..

hope you guys can help me

Thank you so much in advance..

 

[filipina]

hi Karlshamar

i really appreciate your quick response now i feel relief

but ive read a while ago about definition of common-law in canada, this is from wikipedeia. my situation falls on B is this means if we were parent of a child were common-law even if we were not living together? coz according to them (CRA) relationship is true if atleas one of them Applies. we have child but yeah we were not living together since i got pregnant. If its true then the chance of sponsoring him is too risky


Canada

In Canada, the legal definition and regulation of common-law marriage fall under provincial jurisdiction. A couple must meet the requirements of their province's Marriage Act for their common-law marriage to be legally recognized.

According to the Canada Revenue Agency, as of 2007, a common-law relationship is true if at least one of the following applies:

a) the couple have been living in a conjugal relationship for at least 12 continuous months;
[size=10pt][size=10pt][size=10pt][size=10pt][size=10pt][size=10pt]
b) the couple are parents of a child by birth or adoption; or[/size][/size][/size][/size][/size][/size]

c) one of the couple has custody and control of the child (or had custody and control immediately before the child turned 19 years of age) and the child is wholly dependent on that person for support.

 

[Karlshammar]

Hmm, I did not know that. It seems odd to me, though. That way you could be common-law with 50 people if you run around a lot. Maybe someone else knows more about this?

 

[filipina]

thank you karlshammar, yeah i know if you are living with someone for a long time and continously your common-law right? that's why i didn't declared him as my family member coz were not. anyweiz thanks a lot for your help i really appreciate it



need more info guys need your help please..

 

[job_seeker]

thank you karlshammar, yeah i know if you are living with someone for a long time and continously your common-law right? that's why i didn't declared him as my family member coz were not. anyweiz thanks a lot for your help i really appreciate it



need more info guys need your help please..

Wikipedia is not an authority on this. Canada's point of view- you should have been living together for at least a year. You can get pregnant if you had *** at the time you were fertile, even just once. Just wondering though, your son is using his father's surname, so what address did you put for the father when you applied for his birth certificate?

 

[Suin]

have you considered to marry? in my understanding one need to declare close relatives like kids, brothers-sisters, parents and it doesn't apply for boyfriends. maybe marriage can solve the problem?

 

[Karlshammar]

You don't need to declare a boyfriend, however, you do have to declare common-law partners. So the question is if they were considered common-law or not... Nobody here seems to know for sure.

have you considered to marry? in my understanding one need to declare close relatives like kids, brothers-sisters, parents and it doesn't apply for boyfriends. maybe marriage can solve the problem?

 

[filipina]

job_seeker

coz in our country using fathers last name is recognized by our law even if weren’t married. we put different address on his b.certificate


Suin
where not married yet but were planning next year. yeah we have child and were not living together my problem is what if they considered us a common-law because of our child that bond us together. I know it doesn't apply for boyfriends that's why i didn't declare him, but some people say that we were already common-law because of my child. Im just wondering if we were common-law and didn't declared him as common-law during my application then when the time we get married and apply for sponsorship so we might refuse and may lead to misrepresentation?

 

[filipina]

You don't need to declare a boyfriend, however, you do have to declare common-law partners. So the question is if they were considered common-law or not... Nobody here seems to know for sure.

thanks karlshmmar you got my point

 

[Karlshammar]

I went to the CIC website and actually read the full definition of common-law partner (I never did before as I am married). There is no doubt; you have to have lived together for 12 months. Just having a child together will not make you common-law in the eyes of immigration, so since you two did not live together, you are not common-law.

 

[job_seeker]

job_seeker

coz in our country using fathers last name is recognized by our law even if weren't married. we put different address on his b.certificate


Suin
where not married yet but were planning next year. yeah we have child and were not living together my problem is what if they considered us a common-law because of our child that bond us together. I know it doesn't apply for boyfriends that's why i didn't declare him, but some people say that we were already common-law because of my child. Im just wondering if we were common-law and didn't declared him as common-law during my application then when the time we get married and apply for sponsorship so we might refuse and may lead to misrepresentation?

So, there's no worry then. Your boy friend fathered your child. But he's not your common law partner for all intents and purposes because you did not live together. Different addresses on the birth certificate in a way proves this.

 

[filipina]

I went to the CIC website and actually read the full definition of common-law partner (I never did before as I am married). There is no doubt; you have to have lived together for 12 months. Just having a child together will not make you common-law in the eyes of immigration, so since you two did not live together, you are not common-law.

wow thank you so much karlshammar i owe u a lot the one i posted about the definition of common-law is just for CRA for taxes purposes i think. Maybe CRA and Immigration is different Definition of Common-law. Im so happy now and feel relief...

 

[Karlshammar]

You're welcome, Filipina. Best of luck!

wow thank you so much karlshammar i owe u a lot the one i posted about the definition of common-law is just for CRA for taxes purposes i think. Maybe CRA and Immigration is different Definition of Common-law. Im so happy now and feel relief...

 

[tgchi13]

Yeah wikipedia is not authority, nor does it profess to be

http://en.wikipedia.org/wiki/Wikipedia:FAQ/Overview#What_is_Wikipedia.3F

- most anybody can edit it as easily as adding a comment here.

At best I think they may have meant to imply that it would (ready could possibly) be considered common law if a shorter time (than twelve months) had passed living common law AND a child had been born. But I still think it was just misinformation.