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Adding dependent family member after getting non-express OINP

zoiiz

Full Member
Feb 28, 2022
24
0
Hi all, I am on PGWP with a NOC A job and just got my nomination letter from OINP. In my application for OINP, I declared my marital status as “partner” but selected “no” for “do you have any dependent family members?” as at that time I assumed me and my girlfriend (same-sex) are conjugal partners rather than common-law partners thus not qualified as a dependent.

Later on I researched on ircc website and in the Immigration and Refugee Protection Regulations it says " Interpretation — common-law partner (2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person." Given this, I believe I could argue my girlfriend is my common-law partner in my application to the federal. Worst case is they deem my girlfriend ineligible as common-law and I'd have to drop her from my application. am also planning to apply for spousal open work permit for her simultaneously.

To do so, should I contact OINP re this change in family status or should I just follow through and include a letter of explanation in my pr application?

context re our relationship: met online, met in person several times, including a 1-year cohabitation in our home country where same-sex marriage is illegal. Little "solid" evidence for that - we only have photos, message exchanges, tickets for travels, same online order address, her being my insurance's beneficiary, my financial support for her. I left for studies in Sep 2021 and am still in Canada but working. She is not likely to enter through TRV due to no stable job/income/bank statements and lack of family ties etc.

Any comment/insight would be greatly appreciated! Thank you so much!
 

scylla

VIP Member
Jun 8, 2010
95,877
22,131
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi all, I am on PGWP with a NOC A job and just got my nomination letter from OINP. In my application for OINP, I declared my marital status as “partner” but selected “no” for “do you have any dependent family members?” as at that time I assumed me and my girlfriend (same-sex) are conjugal partners rather than common-law partners thus not qualified as a dependent.

Later on I researched on ircc website and in the Immigration and Refugee Protection Regulations it says " Interpretation — common-law partner (2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person." Given this, I believe I could argue my girlfriend is my common-law partner in my application to the federal. Worst case is they deem my girlfriend ineligible as common-law and I'd have to drop her from my application. am also planning to apply for spousal open work permit for her simultaneously.

To do so, should I contact OINP re this change in family status or should I just follow through and include a letter of explanation in my pr application?

context re our relationship: met online, met in person several times, including a 1-year cohabitation in our home country where same-sex marriage is illegal. Little "solid" evidence for that - we only have photos, message exchanges, tickets for travels, same online order address, her being my insurance's beneficiary, my financial support for her. I left for studies in Sep 2021 and am still in Canada but working. She is not likely to enter through TRV due to no stable job/income/bank statements and lack of family ties etc.

Any comment/insight would be greatly appreciated! Thank you so much!
You must include her in your application as a dependent if you cohabitated continuously for at least 1 full year (regardless of whether that's illegal in that country or not). If you lived together for a full year and you are still in a relationship, she is your common law partner per IRCC definitions. Yes, it's possible you may not have the evidence to prove it. But leave that up to IRCC to determine.
 

zoiiz

Full Member
Feb 28, 2022
24
0
You must include her in your application as a dependent if you cohabitated continuously for at least 1 full year (regardless of whether that's illegal in that country or not). If you lived together for a full year and you are still in a relationship, she is your common law partner per IRCC definitions. Yes, it's possible you may not have the evidence to prove it. But leave that up to IRCC to determine.
Hi scylla, thanks for the response! You are absolutely correct and I only regret I didn't do more research when filing my OINP application. At this stage while I'm preparing for the federal application, do you by any chance have any suggestions re how I should maybe contact OINP office and correct that or just include her in my ongoing application and explain my previous negligence?
 

scylla

VIP Member
Jun 8, 2010
95,877
22,131
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi scylla, thanks for the response! You are absolutely correct and I only regret I didn't do more research when filing my OINP application. At this stage while I'm preparing for the federal application, do you by any chance have any suggestions re how I should maybe contact OINP office and correct that or just include her in my ongoing application and explain my previous negligence?
Sorry - don't know.