Please Advise -urgent case-spousal sponsorship

[Emmaswan]

I was mainly pointing out to the previous poster that it's not that uncommon for people to live together without serious commitment. I have a cousin who would have five common law wives at this point based on CIC's definition of common law because he'd pretty much move in with anyone he was dating at the time very quickly, and many of those relationships did last longer than a year but ultimately didn't work out.

Though their definition is interesting. The guide for the IMM 0008 form says one year living together in a "marital-type" relationship as the definition for common law. That's vague wording in itself. What does one define as a marital-type relationship? It's not specified verbatim in the guide for filling out that form. Just living together doesn't fit that bill in my mind. I can definitely see how it looks from CIC's perspective. But on the flip side, they have strict requirements that people have to meet for spousal sponsorship to prove that it's a common law relationship in the first place, and just living together doesn't seem to be good enough for that.

Either way, as you mention, it's a moot point, given the circumstances.

Except food. my husband and me separated all the expenses. no joint account

 

[carolbb23]

I was mainly pointing out to the previous poster that it's not that uncommon for people to live together without serious commitment. I have a cousin who would have five common law wives at this point based on CIC's definition of common law because he'd pretty much move in with anyone he was dating at the time very quickly, and many of those relationships did last longer than a year but ultimately didn't work out.

Though their definition is interesting. The guide for the IMM 0008 form says one year living together in a "marital-type" relationship as the definition for common law. That's vague wording in itself. What does one define as a marital-type relationship? It's not specified verbatim in the guide for filling out that form. Just living together doesn't fit that bill in my mind. I can definitely see how it looks from CIC's perspective. But on the flip side, they have strict requirements that people have to meet for spousal sponsorship to prove that it's a common law relationship in the first place, and just living together doesn't seem to be good enough for that.

Either way, as you mention, it's a moot point, given the circumstances.

Except food. we separated all the expenses. no join account

Cic and the agent will see it as common law

 

[carolbb23]

Except food. my husband and me separated all the expenses. no joint account

they see it as common law but no matter what you do if you reapplied they have all your stuff on file. it's really partial both faults. that I'd why they being tough

 

[canuck_in_uk]

what if i tell the visa officer it was true that we lived together ( 8 months in an rented apartment (we just wanted to try out if it worked for us ) 9months in my husband's self-owned Condo) before he landed. My husband genuinely make an honest mistake. we both are professional in the financial industry with a good job and education. If we confessed the above fact to the visa officer, will it help to get the discretionary /compassion from the visa offer to approve it ?

You keep asking the same thing over and over again. The answer won't change.

 

[carolbb23]

You keep asking the same thing over and over again. The answer won't change.

You know what it's wishful thinking on her side hoping we be on her side

 

[carolbb23]

what if i tell the visa officer it was true that we lived together ( 8 months in an rented apartment (we just wanted to try out if it worked for us ) 9months in my husband's self-owned Condo) before he landed. My husband genuinely make an honest mistake. we both are professional in the financial industry with a good job and education. If we confessed the above fact to the visa officer, will it help to get the discretionary /compassion from the visa offer to approve it ?
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@Emmaswan I do not think so, they look at as you lied to them and they will not because they are trainned to see if it's a mistake or not. No they just see you as a liar

 

[Rob_TO]

I've known many couples who weren't very committed to each other who lived together. It's not necessarily a huge commitment to some people. That may vary from culture to culture. I'm from the United States. I had many friends that lived with someone during college, for instance, and it was much less about commitment and more so that they could split the expenses with someone. Almost none of the people I knew who did that continued on to actually get married or stay together. There's a huge difference between actually getting married and moving in together, at least in my mind, especially when you're just renting and you aren't purchasing joint property together.

True, I guess there are some economic reasons to live with someone you are just casually with. Of course in the eyes of CIC or even the CRA, those people dating and also living together would still be classified as common-law after 12 months in most cases regardless if there were economic reasons to also live together.
It would only not be common-law, if they were roommates in the shared house (so had different rooms)

what if i tell the visa officer it was true that we lived together ( 8 months in an rented apartment (we just wanted to try out if it worked for us ) 9months in my husband's self-owned Condo) before he landed. My husband genuinely make an honest mistake. we both are professional in the financial industry with a good job and education. If we confessed the above fact to the visa officer, will it help to get the discretionary /compassion from the visa offer to approve it ?

In my opinion no, that wouldn't help. You were dating each other exclusively and living together for 12 months, so that will be all the visa officer requires to declare it a common-law relationship. It can't get much simpler than that.
Again, ignorance of the rule is not an acceptable reason.

 

[carolbb23]

True, I guess there are some economic reasons to live with someone you are just casually with. Of course in the eyes of CIC or even the CRA, those people dating and also living together would still be classified as common-law after 12 months in most cases regardless if there were economic reasons to also live together.
It would only not be common-law, if they were roommates in the shared house (so had different rooms)

In my opinion no, that wouldn't help. You were dating each other exclusively and living together for 12 months, so that will be all the visa officer requires to declare it a common-law relationship. It can't get much simpler than that.
Again, ignorance of the rule is not an acceptable reason.

Sounds right

 

[danawhitaker]

True, I guess there are some economic reasons to live with someone you are just casually with. Of course in the eyes of CIC or even the CRA, those people dating and also living together would still be classified as common-law after 12 months in most cases regardless if there were economic reasons to also live together.
It would only not be common-law, if they were roommates in the shared house (so had different rooms)

In my opinion no, that wouldn't help. You were dating each other exclusively and living together for 12 months, so that will be all the visa officer requires to declare it a common-law relationship. It can't get much simpler than that.
Again, ignorance of the rule is not an acceptable reason.

That's interesting to know that the CRA also interprets it as such. I was unaware of that. That surprises me a bit I guess given the variance in how the different provinces define common law.

 

[carolbb23]

That's interesting to know that the CRA also interprets it as such. I was unaware of that. That surprises me a bit I guess given the variance in how the different provinces define common law.

You cannot fool the government

 

[canadianwoman]

what if i tell the visa officer it was true that we lived together ( 8 months in an rented apartment (we just wanted to try out if it worked for us ) 9months in my husband's self-owned Condo) before he landed. My husband genuinely make an honest mistake. we both are professional in the financial industry with a good job and education. If we confessed the above fact to the visa officer, will it help to get the discretionary /compassion from the visa offer to approve it ?

Saying your husband made a genuine mistake won't help. Showing you both have good jobs and a good education won't help.
I think you should go to the interview and be prepared to argue that you were not common-law. Say you were just trying out living together to see if it would work, that you hid it from your parents, that you fought a lot, that you broke up several times, that your now-husband left the apartment to live elsewhere for several weeks, that you did not intend this to be common-law as evidenced by the fact you did not have a joint account and paid all your expenses separately. Bring any proof of this you have.
When talking to the visa officer, he or she is not going to believe you, and will argue with you. Try to remain calm, do not give in, do not change your story, be consistent.
Probably the visa officer will find that you were common-law, and so cannot be sponsored now. However, I think you might as well go to the interview and try.
I also think you should start looking into how you could immigrate to Canada on your own.

 

[Emmaswan]

Saying your husband made a genuine mistake won't help. Showing you both have good jobs and a good education won't help.
I think you should go to the interview and be prepared to argue that you were not common-law. Say you were just trying out living together to see if it would work, that you hid it from your parents, that you fought a lot, that you broke up several times, that your now-husband left the apartment to live elsewhere for several weeks, that you did not intend this to be common-law as evidenced by the fact you did not have a joint account and paid all your expenses separately. Bring any proof of this you have.
When talking to the visa officer, he or she is not going to believe you, and will argue with you. Try to remain calm, do not give in, do not change your story, be consistent.
Probably the visa officer will find that you were common-law, and so cannot be sponsored now. However, I think you might as well go to the interview and try.
I also think you should start looking into how you could immigrate to Canada on your own.

Thanks for your advises. My husband and I decided to for the interview this Friday.... Now just gathering all the proofs .

 

[carolbb23]

Thanks for your advises. My husband and I decided to for the interview this Friday.... Now just gathering all the proofs .

still they are trained to do this

 

[Emmaswan]

still they are trained to do this

I know. I will just tell the truth. If the officer still think just by living together for 12 months is common law partner despite of other factors, i will just appeal or find the other way to immigrate by my own .

 

[profiler]

I know. I will just tell the truth. If the officer still think just by living together for 12 months is common law partner despite of other factors, i will just appeal or find the other way to immigrate by my own .

He can renounce his PR, or you might be able to do economic class on your own. Perhaps your employer can do Express Entry for you...

There is a competing thread that was on top today from a person who started his appeal to sponsor his wife in late 2015. They still haven't started the hearings yet...

Food for thought...