Sponsor got PR as a single, but was living together with partner

[qweqwe]

My husband and I are living together from Oct 2014 to the present.
He applied for his PR through Express Entry in Jan 2015.
He landed in July 2017 and didn't declare his marital status as common-law.
We engaged in Oct 2017 and consider our relationship as serious and continuous for the future.
We declared our status as common-law from Jan 2018 when we do tax filing for 2018.
We got married in Oct 2019 and submitted the application of spouse sponsorship in Nov 2019.

We didn't know that he had to declare his marital status as common-law when he landed. Because we didn't get engaged at that time and we thought we could be broken up someday. I am just afraid to be refused for my PR. Should I Call CIC and ask them what to do? What should I do?

 

[scylla]

My husband and I are living together from Oct 2014 to the present.
He applied for his PR through Express Entry in Jan 2015.
He landed in July 2017 and didn't declare his marital status as common-law.
We engaged in Oct 2017 and consider our relationship as serious and continuous for the future.
We declared our status as common-law from Jan 2018 when we do tax filing for 2018.
We got married in Oct 2019 and submitted the application of spouse sponsorship in Nov 2019.

We didn't know that he had to declare his marital status as common-law when he landed. Because we didn't get engaged at that time and we thought we could be broken up someday. I am just afraid to be refused for my PR. Should I Call CIC and ask them what to do? What should I do?

You'll need to qualify for PR on your own through an economic immigration stream like Express Entry. Your husband can never sponsor you unfortunately.

I would recommend withdrawing the application to sponsor you. It's guaranteed to be refused - so withdrawing is the best option since your fees should all be returned. Also, your husband technically committed misrepresentation by landing as a single individual when he was in fact common law. If you allow the sponsorship applicationt to be processed, in addition to the application being refused, there is some chance IRCC may look into your husband's PR status as well.

 

[qweqwe]

You'll need to qualify for PR on your own through an economic immigration stream like Express Entry. Your husband can never sponsor you unfortunately.

I would recommend withdrawing the application to sponsor you. It's guaranteed to be refused - so withdrawing is the best option since your fees should all be returned. Also, your husband technically committed misrepresentation by landing as a single individual when he was in fact common law. If you allow the sponsorship applicationt to be processed, in addition to the application being refused, there is some chance IRCC may look into your husband's PR status as well.

Can I withdraw my application that has been already submitted? If I withdraw it, the officer does not open mine?

 

[scylla]

Can I withdraw my application that has been already submitted? If I withdraw it, the officer does not open mine?

Yes - you can withdraw an application that has already been submitted.

 

[qweqwe]

Yes - you can withdraw an application that has already been submitted.

Would this be okay to re-submit the application saying we are just living together after he got his PR?

 

[scylla]

Would this be okay to re-submit the application saying we are just living together after he got his PR?

No - absolutely not. That is misrepresentation (lying in an application) and will result in you being banned from Canada for 5 years.

You will need to qualify and apply for PR on your own.

 

[qweqwe]

No - absolutely not. That is misrepresentation (lying in an application) and will result in you being banned from Canada for 5 years.

You will need to qualify and apply for PR on your own.

Do we get our application fee back if we withdraw it?

 

[qweqwe]

No - absolutely not. That is misrepresentation (lying in an application) and will result in you being banned from Canada for 5 years.

You will need to qualify and apply for PR on your own.

My hushand doesn't remember whether he declared his marital status as common-law when he landed. How can he check whether he did or not?

 

[scylla]

My hushand doesn't remember whether he declared his marital status as common-law when he landed. How can he check whether he did or not?

You would know. If he declared you in his application, you would have taken a medical and also provided PCCs as part of his application. Did you complete a medical and provide PCCs as part of his application.

 

[qweqwe]

You would know. If he declared you in his application, you would have taken a medical and also provided PCCs as part of his application. Did you complete a medical and provide PCCs as part of his application.

We did checked his application for his PR and he declared me as his common-law partner. But, I didn't do any medical things.,,,

+He got his PR through Express Entry.

 

[scylla]

We did checked his application for his PR and he declared me as his common-law partner. But, I didn't do any medical things.,,,

+He got his PR through Express Entry.

If you did not complete a medical, then you weren't declared as his common law partner. If you were properly declared, you would have completed a medical and provided your PCCs as part of his application.

 

[qweqwe]

If you did not complete a medical, then you weren't declared as his common law partner. If you were properly declared, you would have completed a medical and provided your PCCs as part of his application.

I didn't get any visa through him before. I haven't ever sponsored me before. This PR is the first time.
I had my own study permit and work permit so far. I haven't sponsored ever from anyone.
Does it still require to declare me when he applied for his PR through EE?

 

[scylla]

I didn't get any visa through him before. I haven't ever sponsored me before. This PR is the first time.
I had my own study permit and work permit so far. I haven't sponsored ever from anyone.
Does it still require to declare me when he applied for his PR through EE?

Yes - it was mandatory that he declare you as a common law partner and include you in his application. Also mandatory that you complete the medical and PCCs as part of his application. Since he failed to do this, he can never sponsor you. Once again, only option is for you to qualify on your own through a program like Express Entry.

 

[qweqwe]

Yes - it was mandatory that he declare you as a common law partner and include you in his application. Also mandatory that you complete the medical and PCCs as part of his application. Since he failed to do this, he can never sponsor you. Once again, only option is for you to qualify on your own through a program like Express Entry.

Nevertheless, I would like to confirm if he declared me as his common-law partner when he landed. Is there any method to do that?

 

[scylla]

Nevertheless, I would like to confirm if he declared me as his common-law partner when he landed. Is there any method to do that?

It wasn't possible for him to add you or declare you as his common law partner when he landed - that's not how it works. To add you as his common law partner, he would have had to have done this BEFORE landing in Canada and becoming a PR. He would have been required to return his COPR (landing visa) and let IRCC know he is now common law. He would have then been required to submit all of the paperwork to add you as his common law partner including PCCs, completing the medical and providing proof that you have lived together for a year. After taking additional time to process your information, IRCC would have then issued him a new COPR listing his status as common law (rather than single).