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pg06

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Jan 24, 2024
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Hello everyone. This is something that is troubling me ever since I applied for my spousal sponsorship application.
My husband and I became friends in 2019. We lived in different provinces. In Sept 2021, I was having some job issues and he offered me to move to our current province to start afresh. He, his friend and I shared a 2 bedroom apartment. He and his friend shared one room while I had another room for myself. I started catching feelings for him and proposed him in June 2022. We started dating. Soon after in Sep/Oct, 22 he applied for PNP and entered his relationship status as single since we were in a common law relationship for around 4 months then. He got his PR in April 2023 and did not update his status since it was still not an year for our relationship. On our 1 year anniversary, June 2023 we got married. And I submitted spousal PR application in Nov 2023.
But I have been reading a few cases where they got misrepresentation ban because they failed to disclose their relationship. Even though we were not in a common law relationship when he got his PR, we were living together for over a year (some months as roommates and some as a couple).
Even though I wrote the entire story in our relationship narrative, and wrote that we didn't date until June 2022. I even updated my CRA profile after I got married, I fear that IRCC might ban for misrepresentation. I might be overthinking but this is driving me insane. Please help me out.
 
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Hello everyone. This is something that is troubling me ever since I applied for my spousal sponsorship application.
My husband and I became friends in 2019. We lived in different provinces. In Sept 2021, I was having some job issues and he offered me to move to our current province to start afresh. He, his friend and I shared a 2 bedroom apartment. He and his friend shared one room while I had another room for myself. I started catching feelings for him and proposed him in June 2022. We started dating. Soon after in Sep/Oct, 22 he applied for PNP and entered his relationship status as single since we were in a common law relationship for around 4 months then. He got his PR in April 2023 and did not update his status since it was still not an year for our relationship. On our 1 year anniversary, June 2023 we got married. And I submitted spousal PR application in Nov 2023.
But I have been reading a few cases where they got misrepresentation ban because they failed to disclose their relationship. Even though we were not in a common law relationship when he got his PR, we were living together for over a year (some months as roommates and some as a couple).
Even though I wrote the entire story in our relationship narrative, and wrote that we didn't date until June 2022. I even updated my CRA profile after I got married, I fear that IRCC might ban for misrepresentation. I might be overthinking but this is driving me insane. Please help me out.

The other roommate - when did the other roommate move out? [It will look worse if the other roommate moved out much before the period when your relationship began.]

I think you're actually right to be concerned because it's a small apartment and it certainly could be interpreted as a relationship that began in September 21, meaning if they decide you seemed to be cohabiting from that point on, he would have been in a common law relationship already when he applied, and certainly by April 23. They also could be suspicious that the relationship amounted to 'delaying' getting married until after he became PR - there only being two and a half months between his getting PR and you getting married is not ideal. (Note that this is not 'forbidden' per se, it's just something that might make them a bit suspicious)

Note, these are only my thoughts. Perhaps others will think differently. I'd get prepared however in advance.

My suggestion: get an affidavit (statement simply signed) from the other roommate, and also from anyone else you know of that can attest to two things: when your (actual) relationship began, and when you two started cohabiting [as a couple, i.e. same room]. Any photographic or other evidence you have showing you hadn't started sharing that room before June 22 would also be excellent. I would collect this info and affidavits NOW and get those dated, perhaps the one from the other roommate sworn in front of a notary or lawyer. Also pay attention to any other evidence (social media, photos, friends' evidence) that might also help date your relationship to after June 22.

You can decide later how much you wish to submit with your spousal application. You want to have these statements dated before IRCC starts asking - because statements later might seem 'manufactured'. (Another thing that can be done sometimes is any other way of confirming date - eg in past times, people would send registered/sealed mail to themselves and the franking serves as evidence it was contemporary).
 
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The other roommate - when did the other roommate move out? [It will look worse if the other roommate moved out much before the period when your relationship began.]

I think you're actually right to be concerned because it's a small apartment and it certainly could be interpreted as a relationship that began in September 21, meaning if they decide you seemed to be cohabiting from that point on, he would have been in a common law relationship already when he applied, and certainly by April 23. They also could be suspicious that the relationship amounted to 'delaying' getting married until after he became PR - there only being two and a half months between his getting PR and you getting married is not ideal. (Note that this is not 'forbidden' per se, it's just something that might make them a bit suspicious)

Note, these are only my thoughts. Perhaps others will think differently. I'd get prepared however in advance.

My suggestion: get an affidavit (statement simply signed) from the other roommate, and also from anyone else you know of that can attest to two things: when your (actual) relationship began, and when you two started cohabiting [as a couple, i.e. same room]. Any photographic or other evidence you have showing you hadn't started sharing that room before June 22 would also be excellent. I would collect this info and affidavits NOW and get those dated, perhaps the one from the other roommate sworn in front of a notary or lawyer. Also pay attention to any other evidence (social media, photos, friends' evidence) that might also help date your relationship to after June 22.

You can decide later how much you wish to submit with your spousal application. You want to have these statements dated before IRCC starts asking - because statements later might seem 'manufactured'. (Another thing that can be done sometimes is any other way of confirming date - eg in past times, people would send registered/sealed mail to themselves and the franking serves as evidence it was contemporary).
Thank you for your advice. I really appreciate it.
The other roommate shared an accommodation with us till Jan 2023.
We have included his letter actually in our PR file vouching for our relationship. He wrote the following-
"She started sharing our accommodation and soon they started catching feelings for each other. I could see the spark between them even then. When they started dating, I was extremely happy for them"
He didn't write the date because he didn't remember the timeline very well and we didn't want to tweak whatever he genuinely wrote and we submitted it like that.
My mom's letter was also submitted where she wrote-
"I've known SP since 2019 when she introduced me as her best friend. The moment I saw them together, I saw a connection. I would always tease her saying she would end up marrying him and she would always deny it. So it was no surprise to me when she told me about her feelings towards SP in 2022."
Here my mom has given the year but not the month.
I won't have any photo evidence of us not sharing a room because I'm not the kind of person who takes pictures.
I'm more worried now haha. Do I still need to get our ex roommate's statement even though he already submitted the letter?
 
He didn't write the date because he didn't remember the timeline very well and we didn't want to tweak whatever he genuinely wrote and we submitted it like that.
...
I'm more worried now haha. Do I still need to get our ex roommate's statement even though he already submitted the letter?

My view is yes. It is very important that date of you living together as a couple is established, and beginning of the romantic relationship. To me what reads from above is soon (sounds like from beginning i.e. Sept 21) 'they started feelings / spark even then', and when they started dating indeterminate (sounds like 'soon.')

This person lived with you both from sept 21 to jan 23. If he knows for fact you did not start relationship until eg summer 22, that is very different from spring 22.

Surely this person would know when he and your spouse stopped sharing a room and you did? presumably either you swapped rooms or your spouse started rooming with you:
"He, his friend and I shared a 2 bedroom apartment. He and his friend shared one room while I had another room for myself."

Personally I'd remember that. Perhaps not to the day, but to the month, surely.
 
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My view is yes. It is very important that date of you living together as a couple is established, and beginning of the romantic relationship. To me what reads from above is soon (sounds like from beginning i.e. Sept 21) 'they started feelings / spark even then', and when they started dating indeterminate (sounds like 'soon.')

This person lived with you both from sept 21 to jan 23. If he knows for fact you did not start relationship until eg summer 22, that is very different from spring 22.

Surely this person would know when he and your spouse stopped sharing a room and you did? presumably either you swapped rooms or your spouse started rooming with you:
"He, his friend and I shared a 2 bedroom apartment. He and his friend shared one room while I had another room for myself."

Personally I'd remember that. Perhaps not to the day, but to the month, surely.
Yes, he does remember that we started dating in summer of 2022. And my husband moved in my room and then he had the other room for himself.
So, I should get the notarized statement ready now. Is that right?
 
Yes, he does remember that we started dating in summer of 2022. And my husband moved in my room and then he had the other room for himself.
So, I should get the notarized statement ready now. Is that right?

I would do so, yes. And if any corroborating from others is possible, also. If there are others that simply can attest that the roommate said - way back when - that now has room to himself, that supports the basic point. Any other friends that know this from being told it at the time or saw/knew of it firsthand.

Again the key facts of importance: when you started dating, and when you and your husband moved into same room.

I'm a bit unclear on your application status: has it already been submitted?

And I'm glad to hear others are less concerned (although I think they could be wrong); but the consequences (unable to be sponsored) are pretty severe and I think getting these statements in writing/email/whatever with time/date established (of both events and when they wrote them) is very good insurance.
 
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BTW a quick note: I wrote 'affidavit'. I don't mean to lard this up for fees, notaries, and the like. And some people don't like dealing wiht htat.

Any statement you can get - signed, emailed, dated, signature and telephone - is better thna nothing. If you can get someone else to witness it - they just write "This was signed in front of me on [date]", and sign themselves - is one step closer.

Affidavit generally just means a signed/sworn statment, and it's not always so strictly defined as to what form that will take (i.e. sworn in front of a lawyer may not be needed in your case). I think a statement signed and dated and then emailed to you (can later be used to show was contemporaneous) is pretty good.
 
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I would do so, yes. And if any corroborating from others is possible, also. If there are others that simply can attest that the roommate said - way back when - that now has room to himself, that supports the basic point. Any other friends that know this from being told it at the time or saw/knew of it firsthand.

Again the key facts of importance: when you started dating, and when you and your husband moved into same room.

I'm a bit unclear on your application status: has it already been submitted?

And I'm glad to hear others are less concerned (although I think they could be wrong); but the consequences (unable to be sponsored) are pretty severe and I think getting these statements in writing/email/whatever with time/date established (of both events and when they wrote them) is very good insurance.
Yes. It has been submitted and I've received the BIL and gave the biometrics. Waiting to hear further from them.
So an email from him saying that he was SP roommate till June and when we started dating SP moved in with me and he had the room to himself would be enough?
Again, thank you so much. Your kindness and knowledge has helped me alot. Thank you for taking out time to help me with this.
 
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Yes. It has been submitted and I've received the BIL and gave the biometrics. Waiting to hear further from them.
So an email from him saying that he was SP roommate till June and when we started dating SP moved in with me and he had the room to himself would be enough?

I can't tell you what is 'enough.' I don't know and it depends whether and how much of a deal IRCC wishes to make of this.

I think I've given enough background above of what it would be good to have - more than one source, being specific about date and timeline, before IRCC asks (i.e. they date their statement as of now). Somewhat more formal is better, eg even a witnessed statement (countersigned that is by someone else).

But you have to decide based on what you know and what you can get. A simple email is weaker than a written statement, signed, pdf'd, and then emailed to you.

Since you have already applied: I would consider writing up a short statement specifying very clearly that the relationship and cohabitation began in June 22, and that the roommate can confirm this; short, factual, specific about dates and supporting evidence (eg who can confirm). Possibly including short factual (signed) letter/statement from him. It doesn't need flowery legal language, just "I know these people, I lived with them [dates], from x date to y date I resided with [husband] in shared room, but from sometime in June 22 he moved to live with [you]. I moved out in Jan 23 and [attended the marraige in June 23] and [some short and general about ongoing relations with you both.] I can be contacted at [info] for further information or confirmation of the above if needed." Obviously include more if relevant, but it's to be factual and brief. You're answering the question (even if it's not been asked yet) about exactly when cohabitation began and hence when you became common law (one year after that, which also coincides with relationship).

Oh - don't be shy about writing/re-writing/suggesting text for your acquaintance. Obviously they have to be comfortable signing it, but you know what the issue of substance is - write to that.
 
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I can't tell you what is 'enough.' I don't know and it depends whether and how much of a deal IRCC wishes to make of this.

I think I've given enough background above of what it would be good to have - more than one source, being specific about date and timeline, before IRCC asks (i.e. they date their statement as of now). Somewhat more formal is better, eg even a witnessed statement (countersigned that is by someone else).

But you have to decide based on what you know and what you can get. A simple email is weaker than a written statement, signed, pdf'd, and then emailed to you.

Since you have already applied: I would consider writing up a short statement specifying very clearly that the relationship and cohabitation began in June 22, and that the roommate can confirm this; short, factual, specific about dates and supporting evidence (eg who can confirm). Possibly including short factual (signed) letter/statement from him. It doesn't need flowery legal language, just "I know these people, I lived with them [dates], from x date to y date I resided with [husband] in shared room, but from sometime in June 22 he moved to live with [you]. I moved out in Jan 23 and [attended the marraige in June 23] and [some short and general about ongoing relations with you both.] I can be contacted at [info] for further information or confirmation of the above if needed." Obviously include more if relevant, but it's to be factual and brief. You're answering the question (even if it's not been asked yet) about exactly when cohabitation began and hence when you became common law (one year after that, which also coincides with relationship).

Oh - don't be shy about writing/re-writing/suggesting text for your acquaintance. Obviously they have to be comfortable signing it, but you know what the issue of substance is - write to that.

Thank you so much again!
 
Thank you so much again!

Keep in mind, I'm giving some general info without having seen your original app, you'll have to decide based on your own judgment.

Since you've got BIL and I basically assume AOR, I think you should also order gcms notes. You may see from that whether there is any relevant comment from the first reviewing officer (mind, most junior usually).