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[Urgent] Do I need to withdraw? related to common-law

seafay

Star Member
Mar 27, 2014
114
4
I was totally scared.
My situation is my boyfrind and I started 11 years ago.

In Jan 2004 we rent two rooms from a house. I mentioned this in the letter which explains our love history.
I didn't mention any words related to "living together" or "common law". I used "roommates". I also mentioned "finacially independent", and "also have other roommates".

In late Dec 2004 I moved out because of job, but I forgot to mention it in the letter.

In Jan 2006 both of us moved to another city and rent an one-bedroom. I still used "share the rent" and "roommate".
In Jun 2006 my boyfrind left Canada and never came back. I got my PR as single in 2009.
We got married in 2012. I submitted the application March 4 2014.

Initially there should be no problem, however I handed in some letters and bank statements to show that we have the same address. I just want to prove that we were having the relationship, not lying. Now people are warning me about "misrepresentation". They said this will misleading the VO, they will think we were common-law, and my husbend will never come to Canada, even my PR will have a risk. What should I do now? Withdraw? or wait? or send something to prove that we were just roommates? I just got a letter from my previous landlord, she can prove this.
 

seafay

Star Member
Mar 27, 2014
114
4
can anyone help me or give me some suggestions? I know my application will be processed in 2 or 3 days so it's very urgent now. Thank you!
 

seafay

Star Member
Mar 27, 2014
114
4
anyone can help me please! I asked two IMM agents, one said just wait there should be no problem, another told me there is a big problem and I should come to discuss with him right away.
 

BeShoo

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Jan 16, 2010
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Just because you were living in the same house does not necessarily mean you were "cohabiting." Read the three posts I put up starting here:

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357741#msg357741

There's a lot of information there about the legal criteria for "cohabitation." Although the people who process applications are not lawyers, they really should be following those same guidelines. I would say that you might need to gather proof that you were not common law in those earlier times.

I wouldn't worry a lot about the immigration agent that says you need to see him right away. He has a bias in that he'd like your business, I'm sure, and you need to take that into account. You are the only one who knows that you were just roommates. The agent you talked to couldn't really get the whole story from your phone call.
 

OhCanadiana

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Feb 27, 2010
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seafay said:
I was totally scared.
My situation is my boyfrind and I started 11 years ago.

In Jan 2004 we rent two rooms from a house. I mentioned this in the letter which explains our love history.
I didn't mention any words related to "living together" or "common law". I used "roommates". I also mentioned "finacially independent", and "also have other roommates".

In late Dec 2004 I moved out because of job, but I forgot to mention it in the letter.

In Jan 2006 both of us moved to another city and rent an one-bedroom. I still used "share the rent" and "roommate".
In Jun 2006 my boyfrind left Canada and never came back. I got my PR as single in 2009.
We got married in 2012. I submitted the application March 4 2014.

Initially there should be no problem, however I handed in some letters and bank statements to show that we have the same address. I just want to prove that we were having the relationship, not lying. Now people are warning me about "misrepresentation". They said this will misleading the VO, they will think we were common-law, and my husbend will never come to Canada, even my PR will have a risk. What should I do now? Withdraw? or wait? or send something to prove that we were just roommates? I just got a letter from my previous landlord, she can prove this.
The determination of whether you were common-law partners depends on the details of your case, which you will need to communicate to the visa officer very clearly so they understand why you made the determination you did. You'll want to review your application and the facts and make sure you send in complementary information for the pieces you mention you forgot (BTW, to show you moved out ... did you include this in your address history and just forget it in the letter or not include it at all in your application?)

From the timeline in your post, it sounds like you've lived together twice:
1. Jan-Dec 2004 - living together as roommates with other roommates also renting rooms in the same house. You were financially independent
2. Jan-Jun 2006 - living together in a one bedroom apartment

Is this correct? Have you lived together at any other times?

To be common-law partners, you need to have lived together for 12 months (with short breaks) and also intermingled your lives in other regards to become marriage-like partners (financially, emotionally, etc). See my posts at http://www.canadavisa.com/canada-immigration-discussion-board/any-advice-from-people-who-have-done-this-journey-before-t112120.0.html for details.

If the timing listed above is correct and complete, the 2006 time you lived together would not be long enough to qualify you as common-law. The key question is around the 2004 time period. What was the nature of your relationship (you say you said roommates...is this accurate?). Did you live together a full year? What was the nature of your relationship after that (e.g., if you established a common-law relationship you could have kept it over the years after that even with separation vs. if you broke up in the intervening time period, that break in your relationship would have broken the 'continuity' of your common-law partnership if you did establish one)?

You need to make sure you are very clear in your situation and communicate it clearly to the visa officer. If you missed components to prove this, send in complementary information to the visa office. kleiden's posts over at http://www.canadavisa.com/canada-immigration-discussion-board/possible-denial-under-para-1179-non-declaration-of-family-member-t126692.0.html may help.

Also, if there is any doubt in your situation, consider hiring a lawyer so they can go over the details of your situation
 

seafay

Star Member
Mar 27, 2014
114
4
Thank you guys! that's the most detailed explination to help me.
I already got a letter from my previous landlord said that we lived in different rooms and paid rent separately in 2004.
I don't have any provement for 2006.

I have send the request to withdraw my application. I believe either the sponsor assessment is not started yet or just start in these two days. Hope I can withdraw the application before it starts.

Once I got my application back I will review and clearify the timeline and provide the letter from my landlord.

Thank you very much again!

Another questions, I phoned CIC but they said normally they will not return the applicaiton. I told them there are orignal docs and I need them back. They asked me to include this in the withdraw request. Can I get all my documents back? will they copy and keep all of the documents? I have checked my application forms and there are no problems in it. The only thing need to be modified is the letter to explain our love story.



T
 

Alurra71

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Oct 5, 2012
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seafay said:
Thank you guys! that's the most detailed explination to help me.
I already got a letter from my previous landlord said that we lived in different rooms and paid rent separately in 2004.
I don't have any provement for 2006.

I have send the request to withdraw my application. I believe either the sponsor assessment is not started yet or just start in these two days. Hope I can withdraw the application before it starts.

Once I got my application back I will review and clearify the timeline and provide the letter from my landlord.

Thank you very much again!

Another questions, I phoned CIC but they said normally they will not return the applicaiton. I told them there are orignal docs and I need them back. They asked me to include this in the withdraw request. Can I get all my documents back? will they copy and keep all of the documents? I have checked my application forms and there are no problems in it. The only thing need to be modified is the letter to explain our love story.



T
If that is all you need to do, then send in an 'updated' version of your love story to help them understand what is actually going on and don't withdraw your application. You should already have a UCI number that you can use because of gaining your PR status previously.
 

seafay

Star Member
Mar 27, 2014
114
4
I have a question then. I'm the sponsor, in my form there is no place asked me list all my address, besides it's almost 10 years ago.

The only place I see is my spouse's application asked for a list of address for 10 years.

Do I need to list address as well? The applicaiton for my PR previously in 2009 listed my address for 10 years.

Thank you!
 

Rob_TO

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Nov 7, 2012
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seafay said:
In Jan 2004 we rent two rooms from a house.
In late Dec 2004 I moved out because of job,
What are the exact dates you moved in/moved out here? If move in was Jan 1, 2004 and moved out Dec 31, 2004, then you may be in trouble as CIC may consider this as establishing a common-law relationship.

Often when CIC sees someone has landed as single, but they have a long relationship with someone that included time living together, they will simply claim that you were common-law without looking at all the details. It is then up to you to prove you were not common-law.

I'm not sure if you need to completely withdrawal the application. You could always just send in updated info on your current app.
 

seafay

Star Member
Mar 27, 2014
114
4
Rob_TO said:
What are the exact dates you moved in/moved out here? If move in was Jan 1, 2004 and moved out Dec 31, 2004, then you may be in trouble as CIC may consider this as establishing a common-law relationship.

Often when CIC sees someone has landed as single, but they have a long relationship with someone that included time living together, they will simply claim that you were common-law without looking at all the details. It is then up to you to prove you were not common-law.

I'm not sure if you need to completely withdrawal the application. You could always just send in updated info on your current app.
Some people suggested me to withdraw ASAP. I already did so just now because I don't want to take any risk. I don't want the situation continues as you described. I didn't state the moved in time and moved out time clearly in my application. I think it's possible they claim me as common-law, that's why I withdraw.
 

seafay

Star Member
Mar 27, 2014
114
4
Alurra71 said:
If that is all you need to do, then send in an 'updated' version of your love story to help them understand what is actually going on and don't withdraw your application. You should already have a UCI number that you can use because of gaining your PR status previously.
Thank you for the suggestion! It was late I already withdraw. This is also becase I want to give me a clean version. Some Imm agents told me don't make the case looked complicated.

If they decline my withdraw request and ask me to update the application I will send the updated letter and also the letter from my landlord.
 

seafay

Star Member
Mar 27, 2014
114
4
Anyone know the withdraw will become a bad history or no affect when I submit the application again? Thanks a lot!
 

cdnmom

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The OP has indicated they were married in 2012... so why worry about the cohabitation... not applying as common-law
 

SenoritaBella

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The reason for worry is the OP landed as "single" when she applied for permanent residence. She is worried that after reading their 'relationship story', an officer could be left with the impression that they were in fact common-law at the time of her PR and therefore should have added him to her PR application. If this happens, CIC could say her husband is not a member of the family class and she can never sponsor him.

cdnmom said:
The OP has indicated they were married in 2012... so why worry about the cohabitation... not applying as common-law
 

seafay

Star Member
Mar 27, 2014
114
4
SenoritaBella said:
The reason for worry is the OP landed as "single" when she applied for permanent residence. She is worried that after reading their 'relationship story', an officer could be left with the impression that they were in fact common-law at the time of her PR and therefore should have added him to her PR application. If this happens, CIC could say her husband is not a member of the family class and she can never sponsor him.
That's exactly what I'm worring about. I need to make this clear and no bad impressions.