Spousal Sponsorship - Help!

[kg2301]

Hi! Me and my bf met here in Canada as we were both international students. We decided to live together last Nov. 2022. Then Sept. 2023 I applied for my PR but I declared that i am single. Then Jan. 2024 i received portal 1 and i did not declare to IRCC about the common law because I am not aware that I should declare it.

For us, we dont see each other as common law since we're just living together no joint accts and stuff. However, we wanted to get married in the future. Will this be a misrepresentation if I applied for spousal sponsorship?

 

[armoured]

Hi! Me and my bf met here in Canada as we were both international students. We decided to live together last Nov. 2022. Then Sept. 2023 I applied for my PR but I declared that i am single. Then Jan. 2024 i received portal 1 and i did not declare to IRCC about the common law because I am not aware that I should declare it.

For us, we dont see each other as common law since we're just living together no joint accts and stuff. However, we wanted to get married in the future. Will this be a misrepresentation if I applied for spousal sponsorship?

Yes, quite possibly.

 

[scylla]

Hi! Me and my bf met here in Canada as we were both international students. We decided to live together last Nov. 2022. Then Sept. 2023 I applied for my PR but I declared that i am single. Then Jan. 2024 i received portal 1 and i did not declare to IRCC about the common law because I am not aware that I should declare it.

For us, we dont see each other as common law since we're just living together no joint accts and stuff. However, we wanted to get married in the future. Will this be a misrepresentation if I applied for spousal sponsorship?

Best option is for your partner to apply for PR independently through an economic immigration stream. You were common law at the time you landed and became a PR so failing to declare your partner means you can never sponsor that person, even if you get married.

 

[armoured]

Then Jan. 2024 i received portal 1 and i did not declare to IRCC about the common law because I am not aware that I should declare it.

URGENT: have you already become a PR or not?

 

[Ponga]

URGENT: have you already become a PR or not?

Looks like the answer is yes:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/failed-to-declare-common-law-after-ecopr.836865

 

[armoured]

Looks like the answer is yes:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/failed-to-declare-common-law-after-ecopr.836865

Ah, what's done is done. Get a lawyer. Or better: make sure the spouse qualifies on own.

 

[Shivrajsinh]

I have a question regarding Spousal Sponsorship in Canada Class.
It's not a typical arranged marriage situation. I was introduced to my wife (studying in Ontario at that time) by my parents in 2022. We started talking and decided to get married in September 2023, when we visited each other in Ontario.

She already had a flight booked to India to visit her family. I also went to India in January 2024. So there was a big engagement ceremony, a reception ceremony but a minimal wedding ceremony (at a temple which is very close to both of us without "Agni) as we both didn't have all the time to arrange everything. (she is a student and I didn't get a prolonged leave from work)
I have a lot of photos from all the ceremonies, but I was reading through a lot of comments on various forums saying that if the VO finds that the wedding was not done according to the standard norms of India then they will reject the application. I want to make sure that I apply with the best way to make sure that the officer looking into my file finds it 100% genuine.

How should I proceed with a spousal sponsorship application under these circumstances? Should I simply say it was a small wedding and attach the marriage certificate as a proof?

At the moment she is in Ontario and I am in Saskatchewan, we are planning to live together as soon as she finishes her studies (I have a lease agreement under our name starting April 2024).

 

[armoured]

At the moment she is in Ontario and I am in Saskatchewan, we are planning to live together as soon as she finishes her studies (I have a lease agreement under our name starting April 2024).

So do I understand that she finishes her studies in April?

If so, my simple suggestion would be to apply after you've moved in together.

Background is that yes, it is often problematic to apply with less significant marriage ceremonies esp when marriage was arranged (or similar with minimal time together beforehand). You can - to some degree - compensate for that by physically spending more time together and esp cohabiting for some period beforehand.

Assuming one of you is here on a student visa and pgwp-eligible, waiting for a while before applying may delay things somewhat but if on pgwp, hopefully periods when not able to work should be small.

 

[Shivrajsinh]

So do I understand that she finishes her studies in April?

If so, my simple suggestion would be to apply after you've moved in together.

Background is that yes, it is often problematic to apply with less significant marriage ceremonies esp when marriage was arranged (or similar with minimal time together beforehand). You can - to some degree - compensate for that by physically spending more time together and esp cohabiting for some period beforehand.

Assuming one of you is here on a student visa and pgwp-eligible, waiting for a while before applying may delay things somewhat but if on pgwp, hopefully periods when not able to work should be small.

Yes, She will be done with her studies in April 2024.
I am already a PR and we are planning on getting her an open work permit later on.
we did have a small wedding ceremony in the presence of a priest just without an agni. Will photographs from that wedding ceremony and other photographs from the much bigger engagement and reception party won't work?

 

[armoured]

Will photographs from that wedding ceremony and other photographs from the much bigger engagement and reception party won't work?

It will help, sure. But let's be clear: was this an arranged marriage?

Smaller ceremonies from arranged marriages are considered a red flag. Compensate in other ways. I suggested some, you decide which are most appropriate.

Again: will she be able to get the pgwp work permit? If so, you have fewer time pressures.

 

[canuck78]

Yes, She will be done with her studies in April 2024.
I am already a PR and we are planning on getting her an open work permit later on.
we did have a small wedding ceremony in the presence of a priest just without an agni. Will photographs from that wedding ceremony and other photographs from the much bigger engagement and reception party won't work?

Are you planning a larger wedding? Is extremely unusual to have a large engagement party but a small wedding unless the wedding is done to start immigration while the public wedding and reception will happen later on. Is the fact that you got married publicly known, pictures of the wedding available on social media for example not just engagement party? How would you explain having a large engagement party but a small wedding with no reception?

 

[Shivrajsinh]

Are you planning a larger wedding? Is extremely unusual to have a large engagement party but a small wedding unless the wedding is done to start immigration while the public wedding and reception will happen later on. Is the fact that you got married publicly known, pictures of the wedding available on social media for example not just engagement party? How would you explain having a large engagement party but a small wedding with no reception?

Well, there are multiple reasons for it:
1. We both live in Canada and we went there for a very limited time. She is a student and I didn't get a long leave from work.
2. We wanted to invite all our family members and friends to our celebration so we had a big engagement/reception and didn't have a grand wedding. Although we are planning to do that maybe next year.
3. I have two sisters, they are here in Canada and were not able to come to the celebration, so my wish was to have at least one ritual done in their presence.
4. Expense.

yes, we have posted on Instagram to share the news that we are together now. unfortunately, none of the posts clearly says that we are married.

Initially, there was no plan of doing such a thing as she is a student and is already in Canada. But now I am thinking of starting the process of applying for permanent residence.