Common-law sponsoring, HELP please

[maurelo23]

Hello all,

I'm desperate and lost here, any help or guidance is really appreciated.
I'm a PR since 2022, I've failed to declare common-law and basically entered single because I just didn't know, to declare I was in common-law on my ECOPR; the reason being is that I was in canada and my partner was living abroad therefore I was not aware we were already common-law for having lived together for a year back in 2018.
She came to canada with my child in January 2024 and I've applied for the in canada family class (spouse - common law) and today I received the follow letter from IRCC:


"As you and your sponsor have been cohabiting in a conjugal relationship since November 2017, you became common-law partners on November 2018. During the period that your sponsor was living in Canada, you have demonstrated that you maintained a conjugal relationship. However, when your sponsor became a permanent resident of Canada after this date, they indicated on their Confirmation of Permanent Residence being single and not having any dependents. As such, your sponsor failed to declare you and have you examined for the purposes of immigration, within their application for permanent residence. As a result, you would therefore be excluded from applying for immigration in the family class. As such, I am not satisfied that you are a member of the Spouse or Common-Law Partner in Canada Class. Accordingly, you may not meet the requirements of the Regulations."

I have 30 days to respond to the officer.


Any ideas on how to proceed? Can I marry her and apply to sponsor her through a different stream? Can I still apply to get PR for my child?
Any help is really appreciated.
Thanks!

 

[Naturgrl]

Hello all,

I'm desperate and lost here, any help or guidance is really appreciated.
I'm a PR since 2022, I've failed to declare common-law and basically entered single because I just didn't know, to declare I was in common-law on my ECOPR; the reason being is that I was in canada and my partner was living abroad therefore I was not aware we were already common-law for having lived together for a year back in 2018.
She came to canada with my child in January 2024 and I've applied for the in canada family class (spouse - common law) and today I received the follow letter from IRCC:


"As you and your sponsor have been cohabiting in a conjugal relationship since November 2017, you became common-law partners on November 2018. During the period that your sponsor was living in Canada, you have demonstrated that you maintained a conjugal relationship. However, when your sponsor became a permanent resident of Canada after this date, they indicated on their Confirmation of Permanent Residence being single and not having any dependents. As such, your sponsor failed to declare you and have you examined for the purposes of immigration, within their application for permanent residence. As a result, you would therefore be excluded from applying for immigration in the family class. As such, I am not satisfied that you are a member of the Spouse or Common-Law Partner in Canada Class. Accordingly, you may not meet the requirements of the Regulations."

I have 30 days to respond to the officer.


Any ideas on how to proceed? Can I marry her and apply to sponsor her through a different stream? Can I still apply to get PR for my child?
Any help is really appreciated.
Thanks!

Get a lawyer now. You lied on your PR application and didn’t include her when you got PR. So right now you can never sponsor her even if you marry. She will have to get PR on her own merit. So start researching how she can do that.

How old is child? May be able to depending on age of child.

 

[lovindahubby]

Get a lawyer now. You lied on your PR application and didn’t include her when you got PR. So right now you can never sponsor her even if you marry. She will have to get PR on her own merit. So start researching how she can do that.

How old is child? May be able to depending on age of child.

@maurelo23 Yes how old is the child ? It stated you did not declare the child as well?? You definitely need a lawyer.

 

[scylla]

Hello all,

I'm desperate and lost here, any help or guidance is really appreciated.
I'm a PR since 2022, I've failed to declare common-law and basically entered single because I just didn't know, to declare I was in common-law on my ECOPR; the reason being is that I was in canada and my partner was living abroad therefore I was not aware we were already common-law for having lived together for a year back in 2018.
She came to canada with my child in January 2024 and I've applied for the in canada family class (spouse - common law) and today I received the follow letter from IRCC:


"As you and your sponsor have been cohabiting in a conjugal relationship since November 2017, you became common-law partners on November 2018. During the period that your sponsor was living in Canada, you have demonstrated that you maintained a conjugal relationship. However, when your sponsor became a permanent resident of Canada after this date, they indicated on their Confirmation of Permanent Residence being single and not having any dependents. As such, your sponsor failed to declare you and have you examined for the purposes of immigration, within their application for permanent residence. As a result, you would therefore be excluded from applying for immigration in the family class. As such, I am not satisfied that you are a member of the Spouse or Common-Law Partner in Canada Class. Accordingly, you may not meet the requirements of the Regulations."

I have 30 days to respond to the officer.


Any ideas on how to proceed? Can I marry her and apply to sponsor her through a different stream? Can I still apply to get PR for my child?
Any help is really appreciated.
Thanks!

Get a lawyer.

Was your child born after you landed and became a PR? If so, then you can sponsor your child.

As others have said, marrying your partner won't change anything. Most likely your partner will need to find a way to qualify and be selected for PR independently through an economic immigration program.

 

[armoured]

I will add to the discussion above - I repeat also see a lawyer - that it is possible that the best chance is to admit that the facts are such BUT you had no idea and could not even imagine that it would be considered common law if you had not been living together for several years before becoming a PR.

You would effectively be asking for 'mercy', for you to be forgiven as not having understood / no reasonable way to know this (with arguments about knowledge of english and cultural differences i.e. common law doesn't exist in your country).

(A lawyer MIGHT attempt to make the argument that it cannot be misrepresentation if no knowledge and hence no intent to mislead - but I warn that I'm not sure having a lawyer write that would help you, because IRCC's reaction may not be positive [that is, getting a lawyer demonstrates some awareness] But I'm speculating)

Important note: this is also going to depend on the facts, like how much time you were physically separated, when the child was born, etc. You don't say when you stopped living together so I don't know if you lived apart from, say, december 2018 to 2022, or you only stopped living together when you left for Canada in 2022.

For example: if the child was born before you became a PR, I'd say the chances fall to close to zero.

Regardless, I repeat what others have said, I don't think the chances are high that IRCC will decide in you favour, i.e. they will say you were common law and did not disclose as required.

 

[thanhtam23]

see an immigration lawyer is your best chance because we don’t know your full story, but i want to put a positive note here
we saw another case reported in our forum that they were successfully asked for ‘mercy’, so don’t lose hope

 

[maurelo23]

Hello guys thanks for everyone's input. I'm still concerned of course but I want to shed some light to make things clear.

Get a lawyer now. You lied on your PR application and didn’t include her when you got PR. So right now you can never sponsor her even if you marry. She will have to get PR on her own merit. So start researching how she can do that.

How old is child? May be able to depending on age of child.

I don't consider I lied on my ECOPR, what would be my gain on putting Single are not common-law? I honestly had no idea, that even living in two different countries, and having lived together for a year, 5 years ago, that would still considered at time of ECOPR to be in common-law when I was living on my own and in a different country. I've always associated common-law in LIVING together, so at the time of my ECOPR I thought if I entered common-law I'd by lying because I was living single
My child was born outside of canada, she's 15 months old. I did not declare her as dependant because she did not exist back then.

@maurelo23 Yes how old is the child ? It stated you did not declare the child as well?? You definitely need a lawyer.

she's 15 months old.

Get a lawyer.

Was your child born after you landed and became a PR? If so, then you can sponsor your child.

As others have said, marrying your partner won't change anything. Most likely your partner will need to find a way to qualify and be selected for PR independently through an economic immigration program.

Yes my child was born after I became PR.

I will add to the discussion above - I repeat also see a lawyer - that it is possible that the best chance is to admit that the facts are such BUT you had no idea and could not even imagine that it would be considered common law if you had not been living together for several years before becoming a PR.

You would effectively be asking for 'mercy', for you to be forgiven as not having understood / no reasonable way to know this (with arguments about knowledge of english and cultural differences i.e. common law doesn't exist in your country).

(A lawyer MIGHT attempt to make the argument that it cannot be misrepresentation if no knowledge and hence no intent to mislead - but I warn that I'm not sure having a lawyer write that would help you, because IRCC's reaction may not be positive [that is, getting a lawyer demonstrates some awareness] But I'm speculating)

Important note: this is also going to depend on the facts, like how much time you were physically separated, when the child was born, etc. You don't say when you stopped living together so I don't know if you lived apart from, say, december 2018 to 2022, or you only stopped living together when you left for Canada in 2022.

For example: if the child was born before you became a PR, I'd say the chances fall to close to zero.

Regardless, I repeat what others have said, I don't think the chances are high that IRCC will decide in you favour, i.e. they will say you were common law and did not disclose as required.

We lived together for a year 2017-2018, then I moved on my own to Canada and we kept the relationship as long-distance, travelling each year to be with each other.
My baby was born in 2023 outside of Canada. Then we all moved together to Canada in 2024.

I'm wondering when you say "Mercy", do you me mean about my ECOPR or the Sponsorship application? Do you think my actual PR in risk? Or that they may send us home the three of us or something?

see an immigration lawyer is your best chance because we don’t know your full story, but i want to put a positive note here
we saw another case reported in our forum that they were successfully asked for ‘mercy’, so don’t lose hope

Thank you the positive vibes! really needed right now.
In that particular case that you are talking about, they were succesfull in getting the PR for spouse/child?

 

[scylla]

Hello guys thanks for everyone's input. I'm still concerned of course but I want to shed some light to make things clear.



I don't consider I lied on my ECOPR, what would be my gain on putting Single are not common-law? I honestly had no idea, that even living in two different countries, and having lived together for a year, 5 years ago, that would still considered at time of ECOPR to be in common-law when I was living on my own and in a different country. I've always associated common-law in LIVING together, so at the time of my ECOPR I thought if I entered common-law I'd by lying because I was living single
My child was born outside of canada, she's 15 months old. I did not declare her as dependant because she did not exist back then.



she's 15 months old.




Yes my child was born after I became PR.



We lived together for a year 2017-2018, then I moved on my own to Canada and we kept the relationship as long-distance, travelling each year to be with each other.
My baby was born in 2023 outside of Canada. Then we all moved together to Canada in 2024.

I'm wondering when you say "Mercy", do you me mean about my ECOPR or the Sponsorship application? Do you think my actual PR in risk? Or that they may send us home the three of us or something?



Thank you the positive vibes! really needed right now.
In that particular case that you are talking about, they were succesfull in getting the PR for spouse/child?

Your PR is not at risk and you can sponsor your child. The issue is your partner's sponsorship. Since you established common law status and continued your relationship after you left for Canada, you were required to declare your partner in your own PR application. Get a very good lawyer as soon as you can.

 

[thanhtam23]

Thank you the positive vibes! really needed right now.
In that particular case that you are talking about, they were succesfull in getting the PR for spouse/child?

https://www.canadavisa.com/canada-immigration-discussion-board/threads/may-2024-inland-spousal-sponsorship.845569/post-10948724
i look for it again and here is your reference, your child should be fine

 

[armoured]

I'm wondering when you say "Mercy", do you me mean about my ECOPR or the Sponsorship application? Do you think my actual PR in risk? Or that they may send us home the three of us or something?

I believe the only thing at risk is your ability to sponsor your spouse.

One point of clarity - your spouse arrived here in January 2024 and you applied to sponsor her common law?

Surely you read the requirements then and realized that it requires 12 months of cohabitation?

And if you didn't think your previous period 'counted' as common law, then logically, you would not have been (by your own logic) and still would not be eligible to sponsor her as common law?

You've undermined your own case. If they accept previous period as no longer common law, they should refuse your app anyway (but at least with no bar on sponsoring her anew).

I would get married right away to somehow support your case. You can't have it both ways - if they decide not to treat your previous period as common law, then you're not common law now. [That said, speak to a lawyer about this part too.]

That said: if I understand your timeline and details, you have not lived together since 2018 or so, and you only applied to / became a PR in 2021/22. Despite the specific rules on IRCC's website, that is a fairly lengthy period of living apart and it's not impossible they'd accept your point (that you basically didn't think you could still be considered common law).

Again - I still don't think the chances are very good.

[A side note that if they don't accept this - speak to your lawyer, and keep your spouse's status in Canada as long as you can and she should not leave the country. There may be an argument for a plausible H&C app, which can be done from within Canada. This is not 'clean' advice as I don't know much about H&C apps.]

 

[maurelo23]

Your PR is not at risk and you can sponsor your child. The issue is your partner's sponsorship. Since you established common law status and continued your relationship after you left for Canada, you were required to declare your partner in your own PR application. Get a very good lawyer as soon as you can.

Thank you for your input. It's good to know that at least my PR and my child are not at a risk. Getting a lawyer should be to get this application be succesfull or basically to cover my mistake?

https://www.canadavisa.com/canada-immigration-discussion-board/threads/may-2024-inland-spousal-sponsorship.845569/post-10948724
i look for it again and here is your reference, your child should be fine

Thank you.!

I believe the only thing at risk is your ability to sponsor your spouse.

One point of clarity - your spouse arrived here in January 2024 and you applied to sponsor her common law?

Surely you read the requirements then and realized that it requires 12 months of cohabitation?

And if you didn't think your previous period 'counted' as common law, then logically, you would not have been (by your own logic) and still would not be eligible to sponsor her as common law?

You've undermined your own case. If they accept previous period as no longer common law, they should refuse your app anyway (but at least with no bar on sponsoring her anew).

I would get married right away to somehow support your case. You can't have it both ways - if they decide not to treat your previous period as common law, then you're not common law now. [That said, speak to a lawyer about this part too.]

That said: if I understand your timeline and details, you have not lived together since 2018 or so, and you only applied to / became a PR in 2021/22. Despite the specific rules on IRCC's website, that is a fairly lengthy period of living apart and it's not impossible they'd accept your point (that you basically didn't think you could still be considered common law).

Again - I still don't think the chances are very good.

[A side note that if they don't accept this - speak to your lawyer, and keep your spouse's status in Canada as long as you can and she should not leave the country. There may be an argument for a plausible H&C app, which can be done from within Canada. This is not 'clean' advice as I don't know much about H&C apps.]

Thanks for your reply. Let me clarify a little bit here:

Correct, my spouse and child came in January 2024 and then I've applied for the common-law. Why? Because at that time I took the time to read the requirements and understand how that status works In Canada. Back in 2022 when I became a PR I did not know that I was still in Common-law even after not being together under the same roof for the last 5 years, I just did not know this, there are no excuses I know, but it was a true honest mistake of not being aware of that information.
So after reading the common-law stuff in 2024, I realized that I could apply for it since we did live 12 months together back in 2017-2018.

My main concern now its not lose my PR and all my family having to leave the country. Do you think thats at risk?
And how do you think getting married now, lets say next week would help? I have 30 days to respond the officer.

Thanks again all for your help!

 

[thanhtam23]

Thank you for your input. It's good to know that at least my PR and my child are not at a risk. Getting a lawyer should be to get this application be succesfull or basically to cover my mistake?

Thanks for your reply. Let me clarify a little bit here:

Correct, my spouse and child came in January 2024 and then I've applied for the common-law. Why? Because at that time I took the time to read the requirements and understand how that status works In Canada. Back in 2022 when I became a PR I did not know that I was still in Common-law even after not being together under the same roof for the last 5 years, I just did not know this, there are no excuses I know, but it was a true honest mistake of not being aware of that information.
So after reading the common-law stuff in 2024, I realized that I could apply for it since we did live 12 months together back in 2017-2018.

My main concern now its not lose my PR and all my family having to leave the country. Do you think thats at risk?
And how do you think getting married now, lets say next week would help? I have 30 days to respond the officer.

Thanks again all for your help!

This is bad, chance are higher if you married her and applied as spouse. So you can tell you didn’t know you were common-law back in 2018. Marrying her would be fine with a new application if they don’t exclude her completely from Family Class (depends on how you respond to PFL). Your best course of action would be: Respond to PFL (talk to a lawyer) > Withdraw your common-law application > Marry her > Apply as spouse. But I have to remind you, please consider all of our comments here for your reference only, you need to talk to a lawyer to see how best to present it. Good luck!

 

[armoured]

This is bad, chance are higher if you married her and applied as spouse. So you can tell you didn’t know you were common-law back in 2018. Marrying her would be fine with a new application if they don’t exclude her completely from Family Class (depends on how you respond to PFL). Your best course of action would be: Respond to PFL (talk to a lawyer) > Withdraw your common-law application > Marry her > Apply as spouse. But I have to remind you, please consider all of our comments here for your reference only, you need to talk to a lawyer to see how best to present it. Good luck!

Over all I 'm not going to quibble with your timeline but would note: I don't think the step of withdrawing is necessary or will help.

Couples who marry during their process can get it reviewed on basis of the changed circumstances (this is in the regs or operating manual), and officers must consider.

This doesn't fix the undeclared common law status but if they can get married, there is no benefit (that I can see) to withdrawing.

That said: lawyer.

 

[armoured]

Thank you for your input. It's good to know that at least my PR and my child are not at a risk. Getting a lawyer should be to get this application be succesfull or basically to cover my mistake?

Getting a lawyer is to get you PROFESSIONAL ADVICE. Reading stuff on the internet is not sufficient in this case.

Correct, my spouse and child came in January 2024 and then I've applied for the common-law. Why? Because at that time I took the time to read the requirements and understand how that status works In Canada. Back in 2022 when I became a PR I did not know that I was still in Common-law even after not being together under the same roof for the last 5 years, I just did not know this, there are no excuses I know, but it was a true honest mistake of not being aware of that information.
So after reading the common-law stuff in 2024, I realized that I could apply for it since we did live 12 months together back in 2017-2018.

This was a very bad decision and you should have seen a lawyer and checked carefully BEFORE applying. (Might not have fixed it but would at least have helped you prepare/not made things worse).

My main concern now its not lose my PR and all my family having to leave the country. Do you think thats at risk?
And how do you think getting married now, lets say next week would help? I have 30 days to respond the officer.

Again: I think you need professional advice. I am not that professional. Professional advice is advice you PAY for.

I explained above why I think getting married MIGHT help. I am not certain. I think you should get a consultation from a lawyer first.

If it comes to it, and marriage is considered advisable, you can do so before submitting your repsonse. While generally you'd also need the marriage certificate (takes 2-8 wks depending on locality), at least having the doc you get after a civil wedding (the one signed by the officiant) would probably be acceptable (temporarily) while awaiting the final.

Note, a lawyer may tell you to just write the best letter you can, in which case you'd ... write the best letter you can. Which would basically be along the lines of very sorry, I had no way of knowing this in 2021/22, we had not been living together for years, and while our relationship continued long distance/occasional visits, we did not imagine/could not imagine it would be considered an active common law relationship, we did not even imagine that this made us eligible - even then took another two years to consider sponsoring as we thought marriage was needed.

[This is not the best/cleanest argument but something along those lines. Since the kid was born in only 2023, presumably not exactly planned, and you didn't try to sponsor until fairly long after you became a PR/after your spouse and child arrived here, it's at least plausible though. I'm not going to try to guess more on advisable letter content because some depends on facts, like frequency/duration of visits.]