+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Please I would appreciate some help with common law

Leizifei

Full Member
Jan 17, 2013
43
1
Hi all, I would like to ask an opinion to the experts. This is my situation, my girlfriend moved to an apartment in 2010 to 2012 and the lease was under her name, and I moved in with her, I applied for my permanent residence under Canadian Experience class in 2012 and I landed in January 2014. In 2013 we moved in to a new apartment together with both our names on the lease and its been 1 year, now I would like to sponsor her under common law. My question is, if we lived together from 2010 to 2012 but we did not have any joint bank, lease or joint credit cards, but on my Canadian Experience class application I had my girlfriend previous place under her name as an address on my PR forms. Now is there any problem if we both had same previous addresses on the common law application?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
It sounds like you landed as PR in January 2014, as SINGLE. If you had lived with your gf for at least 12 consecutive months before your landing date, then in fact you were officially common-law, and whether you know it or not you have committed misrepresentation.

The problem now is, since you didn't declare your common-law partner in your own PR app, she is now excluded forever from family class sponsorship.

In order to sponsor her, you would need to convince CIC that you were not common-law at the time you landed. But due to your obvious shared address history, that might be very tough to do, and will involve lying on her application and committing more misrepresentation.
 

Alurra71

VIP Member
Oct 5, 2012
3,237
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
You have effectively denied yourself the ability to ever sponsor her as a member of the family class. You also committed misrepresentation landing as single in January and your pr could now be at risk.

You should have included her on your immigration application.
 

Leizifei

Full Member
Jan 17, 2013
43
1
I did not experience about family class back then, I was more worried about my Canadian Experience class and I did not have any information about common law rules =( That is such a bad news for us...
 

Leizifei

Full Member
Jan 17, 2013
43
1
Alurra71 said:
Your previous thread here http://www.canadavisa.com/canada-immigration-discussion-board/commomlaw-partner-t172676.0.html;msg2707680#msg2707680 indicates otherwise. You said you only became a pr in January this year.
Yes, I received my PPR November and I was excited if I could sponsor my gf,so I made a timeline, but my passport came back in January and I landed in January. And she graduated as a PGWP but her job was taken off from the NOC, so I thought I could still sponsor her as a common law.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Leizifei said:
Yes, I received my PPR November and I was excited if I could sponsor my gf,so I made a timeline, but my passport came back in January and I landed in January. And she graduated as a PGWP but her job was taken off from the NOC, so I thought I could still sponsor her as a common law.
Why did you state you were already a PR back in November, if you really weren't??? At that time you were actually still in the application stage, so you could have very easily just added your common-law partner to your application, and both of you would have gotten PR together.
 

Alurra71

VIP Member
Oct 5, 2012
3,237
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Rob told you last year when you asked that she should be claimed on you application for pr if she was your common law so you knew the answers. As stated above not only have you excluded her from ever being sponsored via family class you put your own pr at risk. With all the hard line stances they are taking and all the flack they are catching about immigration you could be in the targeting crosshairs for misrepresentation.
 

Leizifei

Full Member
Jan 17, 2013
43
1
Rob_TO said:
Why did you state you were already a PR back in November, if you really weren't??? At that time you were actually still in the application stage, so you could have very easily just added your common-law partner to your application, and both of you would have gotten PR together.
I did not know I could add her after I already sent my passport and I was waiting for it to received back,but I received back after 2 month and I thought since she has a job as an accounting tech, so we were planning then to apply under cec,so we gave up the common law, but sadly her job no longer valid for CEC application =(, so I came back to research about sponsoring her as a common law
 
M

mikeymyke

Guest
Well it's not the end of the world, you can just ask your gf to come to Canada under a skilled worker class.
 

Alurra71

VIP Member
Oct 5, 2012
3,237
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
mikeymyke said:
Well it's not the end of the world, you can just ask your gf to come to Canada under a skilled worker class.
Mikey we all know the world is not flat, therefore had no end. Stop scaring folks now! Lol

The op is currently living in Canada with his common law so she needn't come over in that sense but will indeed have to find another path to pr.
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
Category........
Visa Office......
MNL
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2012
AOR Received.
18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
Leizifei said:
I did not know I could add her after I already sent my passport and I was waiting for it to received back,but I received back after 2 month and I thought since she has a job as an accounting tech, so we were planning then to apply under cec,so we gave up the common law, but sadly her job no longer valid for CEC application =(, so I came back to research about sponsoring her as a common law
Go ahead call this "harsh" folks BUT . . . Were you even listening to the immigration officer's questions when you "landed"?? And after the advice you got here too . . . what a total "burn" . . .
 

kafka khaos

Star Member
Feb 19, 2014
67
5
Job Offer........
Pre-Assessed..
It's not a big deal. If you landed as single in Jan 2014, then you have to say you weren't common law at that time, so say you only lived together for 11 months at that point. Then became common law in February 2014. So you can apply as common law now.

If they ask about previous time living together just say that you were only roommates and you had a different girlfriend at the time. The whole thing about common law is they cant prove anything (if you don't have a child together). Its kind of a ridiculous category, so treat it as such.
 

chakrab

Champion Member
Mar 8, 2013
1,007
29
Job Offer........
Pre-Assessed..
just staying together in same apartment doesn't classify one as common law. a couple can claim to be common law if they have stayed together for 12 months, but the govt can't force them to be one. they can just be roommates. govt doesn't enforce marriage unless requested by the individuals. i have known people who have stayed together for years but never asked to be qualified as common-law.
 

chakrab

Champion Member
Mar 8, 2013
1,007
29
Job Offer........
Pre-Assessed..
also if it helps the situation, you can just marry your girlfriend and apply as a married couple.