Question about Common-Law and POF

[TheArcherSee]

Hi all

Background: I was living in Canada until recently on a work permit, during which I began a relationship that would qualify as common-law (we cohabited for over a year until I left). For immigration/financial reasons I had to leave Canada and am now working in Europe while I try to get PR status, and maintaining that relationship long distance.

Problem: While I should have enough savings by the time I get PR, that's not the case at the moment. So my partner has opened a joint account shared by both of us to satisfy the requirements in the meantime. However, would this mean that I would have to declare myself as in a common-law relationship on the application for those funds to be valid? I would rather apply as being single to simplify the process (I don't want to lie or mislead - just wanting to avoid extra work and commitments from my partner unless it's necessary).

 

[scylla]

Hi all

Background: I was living in Canada until recently on a work permit, during which I began a relationship that would qualify as common-law (we cohabited for over a year until I left). For immigration/financial reasons I had to leave Canada and am now working in Europe while I try to get PR status, and maintaining that relationship long distance.

Problem: While I should have enough savings by the time I get PR, that's not the case at the moment. So my partner has opened a joint account shared by both of us to satisfy the requirements in the meantime. However, would this mean that I would have to declare myself as in a common-law relationship on the application for those funds to be valid? I would rather apply as being single to simplify the process (I don't want to lie or mislead - just wanting to avoid extra work and commitments from my partner unless it's necessary).

Is your common law partner a Canadian citizen or PR?

Based on the info you've provided, you are not single. Saying you are single when you aren't is misrepresentation (lying in an immigration application). Misrepresentation can come with some pretty bad consequences, one which is being banned from Canada for 5 years.

 

[TheArcherSee]

Is your common law partner a Canadian citizen or PR?

Based on the info you've provided, you are not single. Saying you are single when you aren't is misrepresentation (lying in an immigration application). Misrepresentation can come with some pretty bad consequences, one which is being banned from Canada for 5 years.

I definitely don't want to do lie or misrepresent. The reason it's a dilemma is that while our relationship is serious, we cohabited for that long only because we started out as roommates. So our status as common law is also a little vague. I figured it might be better to just avoid that aspect on the application altogether. I fully intend to be completely above-board and honest about all of this in the application. My central question is whether she has to officially be my common law partner *on the application* for our shared funds to be valid. Does that make sense?

 

[subodhp]

I definitely don't want to do lie or misrepresent. The reason it's a dilemma is that while our relationship is serious, we cohabited for that long only because we started out as roommates. So our status as common law is also a little vague. I figured it might be better to just avoid that aspect on the application altogether. I fully intend to be completely above-board and honest about all of this in the application. My central question is whether she has to officially be my common law partner *on the application* for our shared funds to be valid. Does that make sense?

I would suggest against it, but the case is too niche for me to say that with conviction. I would suggest speaking to an immigration lawyer