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

[seafay]

Now the problem is that can I get the medical exam recipt back? the piece of paper I got from the clinic after the exam. It's expensive to do another exam becuase my spouse needs to go to another city. I have requested to have all my documentation back. Don't know when I can receive them. Any idea? Thanks.

 

[SenoritaBella]

It will help if you can clarify the following:

1. what was your relationship with him in 2004? Were you dating each other? People can rent seperate rooms in an apartment and keep separate bank accounts but still be in a relationship.

2. In Jan 2006, you both move to another city and rent a one bedroom apartment.
a) were you boyfriend and girlfriend then?
b) what are the odds of a male and female who had lived at the same address in 2004, to again move to another city in 2006 and live together but say they are just "sharing rent" as "roommates"?

3. When (month and year) did you guys become girlfriend and boyfriend?

You have reason to be worried. From your story, I'm left with the impression that you guys were in a relationship likely from 2004 onward and possibly lived together for at least 1 year which made you guys common-law partners.

If an officer comes to the same conclusion, you may have another problem:
- you landed as 'single' when in fact you were not. This would be misrepresentation and could put your PR at risk.
- CIC could say your husband is not a member of the Family Class, so you can never sponsor him.

Of note, you have withdrawn your application. Unfortunately, you won't know for sure whether or not CIC made a copy of the entire application before returning it to you.
If you can, try to get some legal help before submitting a second time. Good luck and I hope it works out well.

 

[seafay]

It will help if you can clarify the following:

Thank you very much for your suggestion!

We became BF and GF very early in 2002 before we came to Canada, and we never break up.
in 2004 we did lived in the same house, but we lived in separate rooms and we pay rent separately. In Jan and Feb 2004 our landlord also cook for us, it's like "homestay". Then she found it's tierd so she gave up, then we only need to pay her rent. still separately. We were both students, and we were supported by families. We were not supporting each other by money. I just got a letter from my landlord to prove that we lived in different rooms and pay rent separately.

I forgot to mention I moved out Jan 2005 which is my big mistake. That's one reason I want to withdraw.

In Jan2006 we lived in the one bedroom. I lived in the bed room, he lived in the living room. I just mentioned we were roomates, but I didn't explain clearly. I have no one to prove this. Indeed this is the time we Just startd to have sexual relationship. no one can prove this, and I didn't mention it in the letter.

 

[tink23]

If you were roommates, then I don't think there is cause for alarm. When u moved into the one bedroom in 2006, how long did u live there together?

 

[seafay]

If you were roommates, then I don't think there is cause for alarm. When u moved into the one bedroom in 2006, how long did u live there together?

about half a year.

 

[tink23]

about half a year.

In order to be considered common law u need to cohabitate for 12 consecutive months. You don't even qualify as common law.

 

[seafay]

Today I saw a lawyer, and after the lawyer read my love story he said it was too strong. I should not describe like that. The CIC officer might think we were common-law because we knew each other when we were children and our lives were too connected. He recommend I withdraw the application.

 

[seafay]

three days still no response for the withdraw request?

 

[SenoritaBella]

Check your online status(ecas) if any updates. Also, you can order your GCMS notes. Did the lawyer say whether or not CIC will return your documents? I don't know if going to your member of paliarment is appropriate in this instance, but may be others can comment.

If I were you, I would begin gathering documents to re-apply and filling out the forms again(just in case they don't return it). I read on the forum that one form was updated in March. Hope you hear back soon.

three days still no response for the withdraw request?

 

[seafay]

Check your online status(ecas) if any updates. Also, you can order your GCMS notes. Did the lawyer say whether or not CIC will return your documents? I don't know if going to your member of paliarment is appropriate in this instance, but may be others can comment.

If I were you, I would begin gathering documents to re-apply and filling out the forms again(just in case they don't return it). I read on the forum that one form was updated in March. Hope you hear back soon.

lawyer said maybe. I will prepare to gather documents again. Thank you!

 

[SenoritaBella]

You are welcome. If you re-apply, may I suggest having a lawyer review your application before submission. Sometimes, an outsider can spot certain things oblivious to us.

lawyer said maybe. I will prepare to gather documents again. Thank you!

 

[seafay]

You are welcome. If you re-apply, may I suggest having a lawyer review your application before submission. Sometimes, an outsider can spot certain things oblivious to us.

Yes I already found a lawyer. May I ask a lawyer is better or a consultant is still ok?

 

[SenoritaBella]

Personally, I prefer a lawyer. Some on the forum have said they had good consultants though. I guess it's a personal choice.

Yes I already found a lawyer. May I ask a lawyer is better or a consultant is still ok?

 

[seafay]

Personally, I prefer a lawyer. Some on the forum have said they had good consultants though. I guess it's a personal choice.

Thank you!