question about Common law

[Hopefulyyy]

Hello,

I applied for Temporary Residence Visa as single during common law period, will IRCC regard me as misrepresentative?
I live with my bf from March 2018 to February 2019. Then we came back to China. Then came back to Canada and live together from December 2019 till now.
I'm applying Permanent residence through express entry now and my bf accompany me

I have 2 options now:

1. My lawyer suggest me claim commonlaw from March 2018, and provide an letter of explanation to ask for forgiveness
2. Change my living address for March 2018 to June 2018. So our same address will be from June 2018 to February 2019. Then I claim common law from December 2019.

Guys, do you think provide an explanation letter will work? Anyone has suggestion?

 

[mikko008]

Hello,

I applied for Temporary Residence Visa as single during common law period, will IRCC regard me as misrepresentative?
I live with my bf from March 2018 to February 2019. Then we came back to China. Then came back to Canada and live together from December 2019 till now.
I'm applying Permanent residence through express entry now and my bf accompany me

I have 2 options now:

1. My lawyer suggest me claim commonlaw from March 2018, and provide an letter of explanation to ask for forgiveness
2. Change my living address for March 2018 to June 2018. So our same address will be from June 2018 to February 2019. Then I claim common law from December 2019.

Guys, do you think provide an explanation letter will work? Anyone has suggestion?

Definitely go with option 1. It's a common mistake. Common law concept is not available in china, so they'll understand. Option 2 is direct misrepresentation, and I can't believe that your lawyer actually asked you to lie on your application....

 

[Hopefulyyy]

Definitely go with option 1. It's a common mistake. Common law concept is not available in china, so they'll understand. Option 2 is direct misrepresentation, and I can't believe that your lawyer actually asked you to lie on your application....

Hi there, thank you for your reply!! I was desperate making decision.... I actually prefer option1, but many people on another forum advised that I'll be considered as misrepresentation and will be asked to meeting.....

You give me confidence to go for option1!!!
I think I'll just provide the explanation letter. Do you think IRCC will reject/delay my application in this case?

 

[mikko008]

Hi there, thank you for your reply!! I was desperate making decision.... I actually prefer option1, but many people on another forum advised that I'll be considered as misrepresentation and will be asked to meeting.....

You give me confidence to go for option1!!!
I think I'll just provide the explanation letter. Do you think IRCC will reject/delay my application in this case?

Although I cannot guarantee this, I think the immigration officer will most likely treat it as an honest mistake. The most important thing is that you are disclosing everything now when you submit your PR application. I can't think of any reason why they should refuse your application simply because you voluntarily told them the truth and sincerely apologized for it... In addition, the immigration officers are governed by the Immigration Act and Regulations. Here are my logics:

Your mistake took place when you submitted your previous TRV application. I hardly think that they will go back to your TRV application and hold you accountable for your old mistake. More importantly, even though they wanted to go back to your old TRV and claim that you were misrepresenting yourself in that particular application, in order for them to do anything to you, they must show that that particular misrepresentation (withholding the fact that you were in a common-law relationship) was a material and relevant fact in their decision-making process, meaning that it relates to a relevant matter that induces or could induce an error in the visa officers' decision. However, whether you were single or in a common law relationship at that time on would not have any impact on whether you would get your TRV application approved or not; you got your TRV application approved based on the fact that you had a study permit or work permit (I assume) and that you were entitled to it; therefore, that misrepresentation was not material or relevant at all. You can confirm with your lawyer and see if the above rationale makes sense. PLUS, I think your lawyer can help you well explain it in your LOE by letting them know that this common-law thing does not exist in your country of origin (China, I assume). Anyways, I personally think that it is a heartfelt honest mistake and you are not likely to be held accountable for it. In my opinion, misrepresentation is a serious matter, and all immigration officers will be very careful when they want to charge people with it. Hopefully it'll help you relax a little!

 

[Hopefulyyy]

Although I cannot guarantee this, I think the immigration officer will most likely treat it as an honest mistake. The most important thing is that you are disclosing everything now when you submit your PR application. I can't think of any reason why they should refuse your application simply because you voluntarily told them the truth and sincerely apologized for it... In addition, the immigration officers are governed by the Immigration Act and Regulations. Here are my logics:

Your mistake took place when you submitted your previous TRV application. I hardly think that they will go back to your TRV application and hold you accountable for your old mistake. More importantly, even though they wanted to go back to your old TRV and claim that you were misrepresenting yourself in that particular application, in order for them to do anything to you, they must show that that particular misrepresentation (withholding the fact that you were in a common-law relationship) was a material and relevant fact in their decision-making process, meaning that it relates to a relevant matter that induces or could induce an error in the visa officers' decision. However, whether you were single or in a common law relationship at that time on would not have any impact on whether you would get your TRV application approved or not; you got your TRV application approved based on the fact that you had a study permit or work permit (I assume) and that you were entitled to it; therefore, that misrepresentation was not material or relevant at all. You can confirm with your lawyer and see if the above rationale makes sense. PLUS, I think your lawyer can help you well explain it in your LOE by letting them know that this common-law thing does not exist in your country of origin (China, I assume). Anyways, I personally think that it is a heartfelt honest mistake and you are not likely to be held accountable for it. In my opinion, misrepresentation is a serious matter, and all immigration officers will be very careful when they want to charge people with it. Hopefully it'll help you relax a little!

Hello, I really appreciate your reply. Yes, I feel so much more better now!! Then I will definitely have the lawyer to prepare the LOE, and I will apologize sincerely to immigration for my mistake. Hope they will take it and don't cause any delay in my application.
I do come from China LOL, we don't have that common law concept....
Thank you so much for your time! Wish you all the best.

 

[mikko008]

Hello, I really appreciate your reply. Yes, I feel so much more better now!! Then I will definitely have the lawyer to prepare the LOE, and I will apologize sincerely to immigration for my mistake. Hope they will take it and don't cause any delay in my application.
I do come from China LOL, we don't have that common law concept....
Thank you so much for your time! Wish you all the best.

No problem! Hope everything will go smoothly!