Question

[Jaszysam]

hello, good evening..
I would like to ask a few questions,for a friend;

She applied for spousal sponsorship,
And she is very worried because someone told her, maybe she will be in the big problem, because before she apply for her permanent resident under caregiver program, she didn’t put in her application about the conjugal partner because that time they are not married yet, she is confused that’s why she didn’t declare him..
they have a son who is 9 years old and she put him as a dependent ..
and after she gets approved for her PR THEY get married..
and now she is applying for spousal sponsorship.

Question :

Can her situation will have a big impact to her sponsorship?
Thank you

 

[jddd]

It depends. Did they live together for a year or more?

 

[Jaszysam]

Yes they did.but they got separate cause my friend went to other country to work

 

[jddd]

Yes they did.but they got separate cause my friend went to other country to work

If they lived together for a year or more, and it is highly likely that is what IRCC expects seeing as they have a 9 year old together, a temporary separation due to work does not sever the common-law relationship. Your friend should hire a lawyer to help navigate the sponsorship.

 

[canuck_in_uk]

hello, good evening..
I would like to ask a few questions,for a friend;

She applied for spousal sponsorship,
And she is very worried because someone told her, maybe she will be in the big problem, because before she apply for her permanent resident under caregiver program, she didn’t put in her application about the conjugal partner because that time they are not married yet, she is confused that’s why she didn’t declare him..
they have a son who is 9 years old and she put him as a dependent ..
and after she gets approved for her PR THEY get married..
and now she is applying for spousal sponsorship.

Question :

Can her situation will have a big impact to her sponsorship?
Thank you

As they lived together for at least a year, they are common-law, not conjugal. Your friend committed misrepresentation by not declaring her common-law partner. She should expect a refusal.

 

[Jaszysam]

thank you for replying:

If they lived together for a year or more, and it is highly likely that is what IRCC expects seeing as they have a 9 year old together, a temporary separation due to work does not sever the common-law relationship. Your friend should hire a lawyer to help navigate the sponsorship.

Thank you for replying

When you said “not severe common law”what do you mean?

Then she gave birth to there kid that’s when the time they live together because my friend is still a student that time and his boyfriend helping her to look after to their kid,the financial they used is from the support of their parents..coz they are still young and doesn’t have a work, they live in for 3 years. And my friend left the her country to work in other country.for almost 2 years, and she applied to get in to Canada.and after 2 years working in Canada she applied for her permanent resident.after 1year she became a permanent resident..and she got her daughter to come to Canada..
So mostly more or less they separate 5-6 te before they get married..

 

[jddd]

thank you for replying:




Thank you for replying

When you said “not severe common law”what do you mean?

Then she gave birth to there kid that’s when the time they live together because my friend is still a student that time and his boyfriend helping her to look after to their kid,the financial they used is from the support of their parents..coz they are still young and doesn’t have a work, they live in for 3 years. And my friend left the her country to work in other country.for almost 2 years, and she applied to get in to Canada.and after 2 years working in Canada she applied for her permanent resident.after 1year she became a permanent resident..and she got her daughter to come to Canada..
So mostly more or less they separate 5-6 te before they get married..

Sever = ended

They were PHYSICALLY separated but were they in a relationship for those 5 to 6 years?

 

[Jaszysam]

Is th

Sever = ended

They were PHYSICALLY separated but were they in a relationship for those 5 to 6 years?

at consider as common law or conjugal partner?

 

[canuck_in_uk]

Is th

at consider as common law or conjugal partner?

They lived together for more than a year and did not end the relationship. They were common-law at the time of the PR app and your friend committed misrepresentation.

 

[jddd]

They lived together for more than a year and did not end the relationship. They were common-law at the time of the PR app and your friend committed misrepresentation.

What canuck said. Your friend should have sponsored the spouse TOGETHER WITH their child.

 

[Jaszysam]

What is the best thing to do to bring her husband here?

 

[jddd]

What is the best thing to do to bring her husband here?

Get a lawyer and see if the lawyer can help.

Find ways to get here on his own via other immigration programs.

 

[Jaszysam]

This can lead to a positive result?

 

[jddd]

This can lead to a positive result?

No clue. Only the visa officer reviewing the file can tell you that. But if you want the best possible chance it is your best bet.

 

[Jaszysam]

If her eligibility says that under 2nd review, what are they trying to review?