Update common law relationship after ITA--can we do this now & is this misrepresentation?

[prsoon0595]

My boyfriend and I have been in common law relationship for almost 4 years (since Feb 2020), but we had no idea of this concept. He submitted his EE with marital status set as "single" in Apr 2023, got selected by OINP and received ITA late 2023. He is now preparing PR application materials and just completed his medical exam last week.

My questions are:

1. Can he still add me as a common law dependent to his EE profile now?
2. Since we've established common law relationship way before submitting EE profile, is this considered as misrepresentation? Is "not knowing" a legit reason to explain to IRCC?
3. Is there any other consequences adding me now? I do not want to cause any negative impact to his application.

Additional info:

• We both live in the US, and have never worked, studied, or lived in Canada before
• As I mentioned above, he was selected based on OINP. Do we need to inform OINP as well?

I sincerely thank you all in advance!

 

[iSaidGoodDay]

My boyfriend and I have been in common law relationship for almost 4 years (since Feb 2020), but we had no idea of this concept. He submitted his EE with marital status set as "single" in Apr 2023, got selected by OINP and received ITA late 2023. He is now preparing PR application materials and just completed his medical exam last week.

My questions are:

1. Can he still add me as a common law dependent to his EE profile now?
2. Since we've established common law relationship way before submitting EE profile, is this considered as misrepresentation? Is "not knowing" a legit reason to explain to IRCC?
3. Is there any other consequences adding me now? I do not want to cause any negative impact to his application.

Additional info:

• We both live in the US, and have never worked, studied, or lived in Canada before
• As I mentioned above, he was selected based on OINP. Do we need to inform OINP as well?

I sincerely thank you all in advance!

Update the status to common-law(since you are common-law). This in itself isn't going to impact much, unless IRCC deems it to be not truthful. But if you fall below the minimum CRS cutoff for the draw you were invited in(after you update to common-law), your application will be rejected.

Plenty of such threads in past that you can checkout: https://www.canadavisa.com/canada-immigration-discussion-board/threads/adding-common-law-spouse-after-ita.473252/

 

[prsoon0595]

Update the status to common-law(since you are common-law). This in itself isn't going to impact much, unless IRCC deems it to be not truthful. But if you fall below the minimum CRS cutoff for the draw you were invited in(after you update to common-law), your application will be rejected.

Plenty of such threads in past that you can checkout: https://www.canadavisa.com/canada-immigration-discussion-board/threads/adding-common-law-spouse-after-ita.473252/

Thank you! We just got a response asking for materials. Attaching below in case anyone needs it:

After applying for permanent residence under the Economic class - Adding a family member

If you are the principal applicant of a permanent residence application already in process, you could add your spouse or common-law partner, dependent children, and their dependent children to your application, even if they were listed as a non-accompanying dependent in the initial application.

To do so, we invite you to send your add-on request by using the IRCC webform available on our website. You can attach the following forms and documents in the field reserved to that effect:

• A new Generic Application Form for Canada (IMM 0008)* with supporting documents,
• (If applicable) A Schedule A - Background/Declaration (IMM 5669) form,
• (If applicable) An Additional Dependants/Declaration (IMM 0008DEP) form,
• (If applicable) A signed Additional Family Information (IMM 5406) form,
• A copy of the birth certificate, marriage certificate or proof of common-law relationship,
• A copy of the family member’s valid passport,
• Police certificates for all countries where the family member over the age of 18 has lived for more than 6 months since turning 18,
• A letter of explanation (indicate “Add-on” in your letter), and
• If applicable, the proof of payment*.

 

[canadain student]

Hi, I am in the same situation, i received an ITA STEM(491).

Me and my girlfriend living together for more than 2.7 year to be exact sept 2021 we came to Canada and since we are living under the same roof.( i have proof as our phone bills , DL and 8 months old lease also a joint bank account ).
I my EE profile I have my status as single same for my work permit ( applied in may 2023) as single.
Now my question is,
1) should I add her as common law or to make case more strong get married in court,
2) Should i even include her for now, she has her own PGWP which is expiring on November 2024 and her file in the pool but no idea when she will get her ITA,
3) If i add her to my file now , my points don't change so wrt to points it is ok .

Should I be aware of any legal term or process for the same
Note: we have same address, phone bill, auto insurance and bank account but we have not mentioned that we are common law in any of those.
Thanks in advance

 

[ship3]

I have the same situation. When I first applied as international student my status is single even though I’m living with my gf because in our home country there is no such thing as common law. When I came to Canada, I need to extend my study permit and then I declared her as common law. Does this count as misrepresentation? What can I do?

 

[CanGoldDigger]

I have the same situation. When I first applied as international student my status is single even though I’m living with my gf because in our home country there is no such thing as common law. When I came to Canada, I need to extend my study permit and then I declared her as common law. Does this count as misrepresentation? What can I do?

If you can prove 12+ months of living together, then you are good.

 

[ship3]

If you can prove 12+ months of living together, then you are good.

Hi, thanks for your reply, I appreciate it. I can prove 12+ months of living together. We’ve lived together since 2015. I applied for study permit in 2022 but declared I was single because we don’t have common law concept in the home country. This is what I’m worried about that maybe I misrepresented there. Cause now I applied for study permit extension and I declared her as common law. it’s inconsistent status. Will it be considered misrepresentation?