Proof of living together while PA is a visitor

[armoured]

The only problem is my RO.

This is not your only problem.

My wife wasn't on the application at all, just mentioned as my daughter's mother. By that time, we weren't get married yet. My wife left Canada on 2016 with my first daughter, I stayed to work and got PR in 2019. We were still together, but lived apart.

This is potentially a real problem. If you did not declare your wife, eg as unaccompanying, they could determine she was undeclared and then you would never be able to sponsor her.

(You say 'mentioned' but don't know what that means)

If you're not clear on this, would suggest you consult a proper lawyer before applying.

The RO matter is distinct and different and opinons differ on how risky it is to sponsor before you are in compliance with the RO. (For the record, it's not forbidden, but if they evaluate your RO and determine you're inadmissible, that would make you ineligible to sponsor).

 

[anthonyjr]

This is not your only problem.

This is potentially a real problem. If you did not declare your wife, eg as unaccompanying, they could determine she was undeclared and then you would never be able to sponsor her.

(You say 'mentioned' but don't know what that means)

If you're not clear on this, would suggest you consult a proper lawyer before applying.

The RO matter is distinct and different and opinons differ on how risky it is to sponsor before you are in compliance with the RO. (For the record, it's not forbidden, but if they evaluate your RO and determine you're inadmissible, that would make you ineligible to sponsor).

OOOOomg, seems like you pointed out a critical one!
I didn't even know that I was in common-law relationship. Can't thank you enough! At least you saved me a move!
Lawyer contacting...

 

[armoured]

OOOOomg, seems like you pointed out a critical one!
I didn't even know that I was in common-law relationship. Can't thank you enough! At least you saved me a move!
Lawyer contacting...

When they asked if you had a spouse and you had a partner with whom you had a kid - and perhaps living together? - you really should have checked.

 

[anthonyjr]

When they asked if you had a spouse and you had a partner with whom you had a kid - and perhaps living together? - you really should have checked.

as I remember there was no similar questions in the IMM0008 form. There was only the martial status and the one which was: Have you had a previous marriage or common-law relationship before.

Well, to be honest, in my country and my culture, there is no such thing called Common-law. Married or Not and that's it! And I used to believe that you need to live together for years AND to have joint accounts/properties to form a common-law status. Then I was very naive and misunderstood, I clicked Single and No any previous relationship.

Now it really be a serious problem! I may have to move with H&C now. Shit

 

[armoured]

as I remember there was no similar questions in the IMM0008 form. There was only the martial status and the one which was: Have you had a previous marriage or common-law relationship before.

Well, to be honest, in my country and my culture, there is no such thing called Common-law. Married or Not and that's it! And I used to believe that you need to live together for years AND to have joint accounts/properties to form a common-law status. Then I was very naive and misunderstood, I clicked Single and No any previous relationship.

Now it really be a serious problem! I may have to move with H&C now. Shit

Yes. Speak to a lawyer.

One more question: when you said you 'mentioned' her - what did you mean?

 

[anthonyjr]

Yes. Speak to a lawyer.

One more question: when you said you 'mentioned' her - what did you mean?

I mentioned in explanation letters that I have a daughter who is a Canadian born with my girl friend who is living oversea in our country. We had daughter together in Canada but now the daughter and the girl friend were not living in Canada. That's all I mentioned. Nothing more detailed about our relationship.

 

[armoured]

I mentioned in explanation letters that I have a daughter who is a Canadian born with my girl friend who is living oversea in our country. We had daughter together in Canada but now the daughter and the girl friend were not living in Canada. That's all I mentioned. Nothing more detailed about our relationship.

Okay. You'll want to be very clear with lawyer about exact timeline of all these things, including when you lived together, and what you communicated to IRCC.

 

[MJSPARV]

I mentioned in explanation letters that I have a daughter who is a Canadian born with my girl friend who is living oversea in our country. We had daughter together in Canada but now the daughter and the girl friend were not living in Canada. That's all I mentioned. Nothing more detailed about our relationship.

Did you actually meet the common law definition on the ircc website when you applied for your pr or when you landed? From what you’ve said it’s not clear to me if you did or not. For example if you and your then girlfriend had a child together but didn’t not have 12 months of continuous habitation then I believe she was just your girlfriend not your common law spouse, and single was correct. So look up the definition of common law that ircc uses, and see where you fell both at time of application and at landing.

I’m also confused about the daughter - was she born in Canada before you became a PR? Or was she born overseas? If the latter and you didn’t declare her then that’s also a big problem.

 

[Bigdawg]

Outland Sponsorship from within QC
For our application.
We’re doing the IMM 5409 for common law declaration form.
Being that we’re in two separate countries

Would we have to:
A. Sign two separate forms and have them notarized. Scam both and upload one single document ?

B. Have one form notarized twice by mailing the physical copy between counties and then uploading it to the profile ?
IRCC may accept two separate copies of the same form, each signed and notarized individually ?
Has this been done before since it’s the easier option and faster ?

 

[Bigdawg]

You're correct, you can do other. Your reasoning to apply outland is correct. And yes, outland applicants now eligible for OWP.

I don't see any problem at all with declaring that she is living with you if you apply when she is in Canada with you. That's what most do. If that's the plan, that becomes her place of residence when she arrives to reside with you. Trips back home won't matter, unless REALLY long; of course habitual residence of a parent is with their children, even if they leave for a while.

When applying Outland
Can the OWP be submitted the same time or one should wait until later in the application process ?

 

[anthonyjr]

Did you actually meet the common law definition on the ircc website when you applied for your pr or when you landed? From what you’ve said it’s not clear to me if you did or not. For example if you and your then girlfriend had a child together but didn’t not have 12 months of continuous habitation then I believe she was just your girlfriend not your common law spouse, and single was correct. So look up the definition of common law that ircc uses, and see where you fell both at time of application and at landing.

I’m also confused about the daughter - was she born in Canada before you became a PR? Or was she born overseas? If the latter and you didn’t declare her then that’s also a big problem.

Did you actually meet the common law definition on the ircc website when you applied for your pr or when you landed? From what you’ve said it’s not clear to me if you did or not. For example if you and your then girlfriend had a child together but didn’t not have 12 months of continuous habitation then I believe she was just your girlfriend not your common law spouse, and single was correct. So look up the definition of common law that ircc uses, and see where you fell both at time of application and at landing.

I’m also confused about the daughter - was she born in Canada before you became a PR? Or was she born overseas? If the latter and you didn’t declare her then that’s also a big problem.

Yes, we definitely met the common-law definition. It was me, I didn't read the common-law definition carefully. We didn't have anything joint together and I used to believe that we didn't meet the definition. Besides, by the time of my PR application and by the time of landing, my partner didn't live in Canada. I did all applications with IRCC myself and I thought it was straight forward. Now I'm very regret!

About my daughter, she was born in Canada before I became PR. Born in 2014 and then she and her mother left Canada in 2016 while I stayed. I applied PR in 2019.

My case is now, I believe, so complicated now. So I will have to work with a lawyer now. I'll have to stop guessing.

 

[armoured]

When applying Outland
Can the OWP be submitted the same time or one should wait until later in the application process ?

This thread was started by someone else with a completely separate set of questions and issues, with important discussion about that.

Since you're new to the internet: this is called thread hijacking and it's generally considered rude, because a distraction.

Find a thread that's on-topic to your question - like specifically about that, or post in a general thread like on the top of this forum, or start your own thread.

 

[armoured]

Outland Sponsorship from within QC
For our application.
We’re doing the IMM 5409 for common law declaration form.
Being that we’re in two separate countries

Would we have to:
A. Sign two separate forms and have them notarized. Scam both and upload one single document ?

B. Have one form notarized twice by mailing the physical copy between counties and then uploading it to the profile ?
IRCC may accept two separate copies of the same form, each signed and notarized individually ?
Has this been done before since it’s the easier option and faster ?

See above. Post in a different thread or start your own.

 

[MJSPARV]

Yes, we definitely met the common-law definition. It was me, I didn't read the common-law definition carefully. We didn't have anything joint together and I used to believe that we didn't meet the definition. Besides, by the time of my PR application and by the time of landing, my partner didn't live in Canada. I did all applications with IRCC myself and I thought it was straight forward. Now I'm very regret!

About my daughter, she was born in Canada before I became PR. Born in 2014 and then she and her mother left Canada in 2016 while I stayed. I applied PR in 2019.

My case is now, I believe, so complicated now. So I will have to work with a lawyer now. I'll have to stop guessing.

Best of luck to you! Yes you’re definitely well into lawyer territory. Best wishes