Living relation during PR

[Aarss]

Hi all,
Me and my boyfriend have been living together for 2 years onward. In the meantime, I got my PR. Now we are going to marry and sponsor him, because his work permit will expire soon . So I have some questions about this. We both have the same address for 2 years, and I didn’t inform IRCC about this relation during my PR process. So if I sponsor my boyfriend, is there any problem for him and my PR?.

 

[scylla]

Hi all,
Me and my boyfriend have been living together for 2 years onward. In the meantime, I got my PR. Now we are going to marry and sponsor him, because his work permit will expire soon . So I have some questions about this. We both have the same address for 2 years, and I didn’t inform IRCC about this relation during my PR process. So if I sponsor my boyfriend, is there any problem for him and my PR?.

It's not going to be possible for you to sponsor him. You were required to add him to your application since you are common law.

He will need to get PR on his own.

 

[Aarss]

I appreciate your response, @scylla. We are independent and but in order to implement common law, we must fulfill certain requirements, such as splitting expenses and utilities. Something similar is not available to us. We chose against it that occasion for that reason. Does it make sense to provide some justifications like this?

 

[scylla]

I appreciate your response, @scylla. We are independent and but in order to implement common law, we must fulfill certain requirements, such as splitting expenses and utilities. Something similar is not available to us. We chose against it that occasion for that reason. Does it make sense to provide some justifications like this?

At the time you became a PR, had you lived together at the same address for one year or longer?

 

[Aarss]

Yes. More than one year.

 

[Ponga]

I appreciate your response, @scylla. We are independent and but in order to implement common law, we must fulfill certain requirements, such as splitting expenses and utilities. Something similar is not available to us. We chose against it that occasion for that reason. Does it make sense to provide some justifications like this?

You don't get to `choose', since the 365th day that you have cohabited together as a couple makes you Common-Law in the eyes of IRCC.

 

[Ponga]

Yes. More than one year.

Not good. As mentioned, you can not sponsor him for PR.

 

[scylla]

Yes. More than one year.

It was mandatory for you to add your common law partner to your PR application before landing and becoming a PR. Since you failed to do that, you can never sponsor him. He needs to qualify on his own.

 

[canuck78]

Would add that you also had to declare that you were common law after a year of living together on both your taxes which could have impacted any types of government benefits/credits you received. You will need to resubmit with correct marital status.

 

[Solkien]

It was mandatory for you to add your common law partner to your PR application before landing and becoming a PR. Since you failed to do that, you can never sponsor him. He needs to qualify on his own.

Are you sure about the never part? I thought PRs could sponsor their foreign spouse after a certain number of years?

I don’t see how not adding a common law partner on an application disqualifies them from sponsoring that person for life.

 

[scylla]

Are you sure about the never part? I thought PRs could sponsor their foreign spouse after a certain number of years?

I don’t see how not adding a common law partner on an application disqualifies them from sponsoring that person for life.

Yes, I'm sure. This is a well known rule.

There is no number of year rule. I think you must be confusing this with the rule regarding sponsoing a new spouse if you yourself were sponsored. That is an entirely different situation.

Failing to declare a common law partner in your PR application means they can never be sponsored in the future, even if you get married.

 

[scylla]

Are you sure about the never part? I thought PRs could sponsor their foreign spouse after a certain number of years?

I don’t see how not adding a common law partner on an application disqualifies them from sponsoring that person for life.

The reason this disqualifies your from sponsoing that person for life is that all dependent family members must be included in your application and go through a medical and also security/background check. They must be assessed for admissibility at the same time as you and everyone must pass admissibility checks for the application to be approved. If a common law partner is not listed as either accompanying or non accompanying, they can never be sponsored in the future since they were not examined as part of the original PR application of the sponsor and therefore are disqualified from being considered as a family member for future sponsorship purposes. Again, it's a very well known rule.

 

[Solkien]

Yes, I'm sure. This is a well known rule.

There is no number of year rule. I think you must be confusing this with the rule regarding sponsoing a new spouse if you yourself were sponsored. That is an entirely different situation.

Failing to declare a common law partner in your PR application means they can never be sponsored in the future, even if you get married.

Ah okay, that makes sense. Yes, that’s precisely what I was thinking about.

This leads to another question. What if she claims that they were not common law at the moment of the application (say they broke up.) and were merely cohabitating. Would that change anything for OP?

I’m not encouraging OP to lie but just curious.

 

[scylla]

Ah okay, that makes sense. Yes, that’s precisely what I was thinking about.

This leads to another question. What if she claims that they were not common law at the moment of the application (say they broke up.) and were merely cohabitating. Would that change anything for OP?

I’m not encouraging OP to lie but just curious.

IRCC isn't stupid. Most likely the partner will then end up not only being refused but also banned from Canada for five years for lying in their application.

I don't support misrepresentation and am not going to address this question further.

 

[Solkien]

IRCC isn't stupid. Most likely the partner will then end up not only being refused but also banned from Canada for five years for lying in their application.

I don't support misrepresentation and am not going to address this question further.

The thing is, IRCC doesn’t have a crystal ball to know if a couple broke up, if they were roommates for a while etc. so there’s no way to prove misrepresentation and the definition of common law differs based on the province.

Anyway, it was just for my personal curiousity and those couples who have broken up during the application process. I think you’re taking hypotheticals way too seriously lol. Peace.