Same Sex Common Law Question

[donniedarko]

Hi All,

I am currently happy and sad at the moment. Happy that our application is being processed very fast and Sad because I will be leaving someone I love behind. it says..

All family members, whether or not they are accompanying you to Canada, MUST be declared and presented for examination to assess whether they are admissible to Canada. A false declaration on your IMM5406 (Additional Family Information form), any failure to declare a family member, or failure to present a “family member” for examination may be found to constitute misrepresentation and may render you inadmissible to Canada.

I would really love to include my 3 year long time bf as common law because we are living on the same house but the thing is
my family is not aware of it because they dont even know about me being gay in the first place. The thought of them knowing it really kills me. It will destroy our family....=(

Just a dumb question, just wanna make sure. I am the one processing the application right now so If I go crazy enough and included him on the decaration, will my sponsor (a relative)in Canada know about it? Will the embassy ask for additional info from him that could lead to my sponsor relative discovering about it?

sigh... im so lost... this could only be the way I can take him with me in the future because its really hard to penetrate Canada right now...

Can you also advise if there are other ways I can get him there in the future...

Thanks

 

[Ponga]

I'm sorry to hear that you are at this very difficult position, but you need to be aware of the consequences if you fail to [at least] disclose this relationship before you land as a Permanent Resident of Canada.
If you are in fact in a common-law relationship, meaning that you have lived with your boyfriend for at least one full year, you CANNOT present yourself to Canada Immigration as a person that is single, and land as such. Doing so would mean that you have committed misrepresentation, which is a very serious offense as it could revoke your PR, but perhaps more importantly...you would NEVER be able to sponsor your partner in the future...EVER!

If you add your partner to your application, your sponsor will most definitely be aware of this. There's absolutely no way to hide it.

If you decide to add your partner to your application, he will need to complete the required forms, pay the additional fee ($550, I believe), have an immigration medical exam and also provide police clearance from countries where he has lived (for 6 months or more) since age 18.

Good luck to you both!

 

[donniedarko]

I'm sorry to hear that you are at this very difficult position, but you need to be aware of the consequences if you fail to [at least] disclose this relationship before you land as a Permanent Resident of Canada.
If you are in fact in a common-law relationship, meaning that you have lived with your boyfriend for at least one full year, you CANNOT present yourself to Canada Immigration as a person that is single, and land as such. Doing so would mean that you have committed misrepresentation, which is a very serious offense as it could revoke your PR, but perhaps more importantly...you would NEVER be able to sponsor your partner in the future...EVER!

If you add your partner to your application, your sponsor will most definitely be aware of this. There's absolutely no way to hide it.

If you decide to add your partner to your application, he will need to complete the required forms, pay the additional fee ($550, I believe), have an immigration medical exam and also provide police clearance from countries where he has lived (for 6 months or more) since age 18.

Good luck to you both!

Thanks for the advice Ponga. It really breaks my heart but I guess I will need to find another way to help him get there in the future.
I am also scared that adding him will complicate the application which I do not want to happen because my Sponsor relative have done so much for me on this application.

again thanks for the response

 

[Rob_TO]

How exactly are you being sponsored to Canada?

And have you actually been living with your bf now at least 12 continuous months? Or just dating a long time but living together less time than that?

 

[donniedarko]

How exactly are you being sponsored to Canada?

And have you actually been living with your bf now at least 12 continuous months? Or just dating a long time but living together less time than that?

Family Category. My relative who doesnt have anybody there is sponsoring. Well I met my bf at work and since we became in a relationship, he lives here and just goes back to their house once in a while if he needs to do something or get something. Its been like that since 2013. He also doesnt stay here when my family visits...just when I am alone. But he doesnt use my address as his billing/mailing address. There was just one time when he used it as the mailing address when he ordered a juicer and had it delivered here.

 

[Ponga]

Family Category. My relative who doesnt have anybody there is sponsoring. Well I met my bf at work and since we became in a relationship, he lives here and just goes back to their house once in a while if he needs to do something or get something. Its been like that since 2013. He also doesnt stay here when my family visits...just when I am alone. But he doesnt use my address as his billing/mailing address. There was just one time when he used it as the mailing address when he ordered a juicer and had it delivered here.

So it sounds like to me that you are in a C-L relationship with him, even though you really can't prove it.

I guess that also means that CIC wouldn't be able to prove it either, but...you have to decide what to do I guess.

Good luck!

 

[donniedarko]

So it sounds like to me that you are in a C-L relationship with him, even though you really can't prove it.

I guess that also means that CIC wouldn't be able to prove it either, but...you have to decide what to do I guess.

Good luck!

Okay, Now I have decided. Thanks to you Ponga. I guess I'll have to deal with Long Distance Relationship...

How di I close this thread?

Thanks

 

[Caribou]

Family Category. My relative who doesnt have anybody there is sponsoring. Well I met my bf at work and since we became in a relationship, he lives here and just goes back to their house once in a while if he needs to do something or get something. Its been like that since 2013. He also doesnt stay here when my family visits...just when I am alone. But he doesnt use my address as his billing/mailing address. There was just one time when he used it as the mailing address when he ordered a juicer and had it delivered here.

Unfortunately, if he doesn't use your address as billing/mailing address, it'll be extremely hard to prove as common law.
If you really want to spend the "rest of your life" with him, you can land first, become PR, then get married in Canada, then apply him as a "spouse".
If you're not out to your family, however, it'll be hard to prove to CIC no matter what.

 

[Rob_TO]

Family Category. My relative who doesnt have anybody there is sponsoring. Well I met my bf at work and since we became in a relationship, he lives here and just goes back to their house once in a while if he needs to do something or get something. Its been like that since 2013. He also doesnt stay here when my family visits...just when I am alone. But he doesnt use my address as his billing/mailing address. There was just one time when he used it as the mailing address when he ordered a juicer and had it delivered here.

You are in a complicated situation, and to ever sponsor him in the future without doing so on this current application, will come close to if not crossing the line of fraud/misrepresentation.

You may or may not be successful if you try to include him on your current application as common-law partner. It sounds like you are indeed cohabiting since 2013, though just have minimal proofs. You could always get proofs, and most likely if you really tried you could be successful in including him (and him doing medical and police checks) and both of you getting PR together under your relative. Of course your relative sponsoring you will find out about the relationship since he will need to update some sponsor forms to include him in the app. This is though the most honest/legal way to do it, since even if they rejected the common-law claim at least he would be declared and would keep the door open to sponsor him in the future.

The other option is to not declare him and land as single. This in itself is a form of misrepresentation since you have been cohabiting for over 1 year. However if you leave him off the application, then if you get married or live together for a new 12 months time after you become PR, you could sponsor him under family class but only if you don't indicate on the application you were cohabiting since 2013. You would need to use his parents address as his primary address during this time, and say he only visited you at your address. If you tell CIC you were cohabiting since 2013 then they won't care about proofs, they will declare him ineligible and banned forever to be sponsored by you under family class. This option though would basically be fraud and misrepresentation, since you would need to lie in the application about your past living arrangements.

And of course the last option is to see if he can find some way to immigrate to Canada independently as a skilled worker or something, so you are not involved at all.