Did My Ex-Common Law Partner Commit Misrepresentation/Fraud?

[vancityrichard]

Hi folks,

Canadian citizen here in a bit of a bind. In 2022, my ex-partner came to Canada with me as a visitor and maintained status in Canada with repeated visitor records. Once we hit 1 year of cohabitation and became common law partners, she applied for Permanent Residence under the spousal sponsorship scheme.

She ended our relationship in August 2024 after the relationship broke down ( I kept trying to get her to do stuff like get a job, study English, stop smoking weed everyday, etc) and she began dating someone new within a week and I moved out the same day the relationship ended. This was all BEFORE the permanent residency application process was completed. I recently learned that she did NOT inform the IRCC that our relationship ended and continued with her PR application, which has now been approved since November. Her and her new boyfriend (the same guy she started dating right after we broke up) are now travelling abroad together, so I can only assume that she has now received her PR card, as she would not leave the country without the legal status to return.

I reached out to her to confront her about this and, after she cursed me and called me a controlling monster poisoned by Western thinking, admitted that she never told the IRCC that we broke up. From the research I've done and what I'm hoping to confirm is that this constitutes misrepresentation and immigration fraud. So really, my questions are:

1. Did my ex-partner, following the timeline above, commit misrepresentation?
2. If my ex did commit representation, would I be able to be removed from being her sponsor since the above would be, well, fraud?
3. What kind of legal trouble might I get into because of this?
4. What are the next steps I need to take here?

My ex has told me that she has a lawyer and she wants her lawyer to talk to mine (why would I have a lawyer, though? I didn't commit immigration fraud, I think she did). I have evidence of the break up, evidence of her new relationship beginning before the PR process was completed, and have screenshots of text messages of her admitting to all of this. When I confronted her, she cursed me, threatened me, told me to shut up, etc etc. I know I'm being manipulated here, but it's still hard to deal with emotionally. If any clarity is needed on the above, please let me know. Thank you!

 

[scylla]

Hi folks,

Canadian citizen here in a bit of a bind. In 2022, my ex-partner came to Canada with me as a visitor and maintained status in Canada with repeated visitor records. Once we hit 1 year of cohabitation and became common law partners, she applied for Permanent Residence under the spousal sponsorship scheme.

She ended our relationship in August 2024 after the relationship broke down ( I kept trying to get her to do stuff like get a job, study English, stop smoking weed everyday, etc) and she began dating someone new within a week and I moved out the same day the relationship ended. This was all BEFORE the permanent residency application process was completed. I recently learned that she did NOT inform the IRCC that our relationship ended and continued with her PR application, which has now been approved since November. Her and her new boyfriend (the same guy she started dating right after we broke up) are now travelling abroad together, so I can only assume that she has now received her PR card, as she would not leave the country without the legal status to return.

I reached out to her to confront her about this and, after she cursed me and called me a controlling monster poisoned by Western thinking, admitted that she never told the IRCC that we broke up. From the research I've done and what I'm hoping to confirm is that this constitutes misrepresentation and immigration fraud. So really, my questions are:

1. Did my ex-partner, following the timeline above, commit misrepresentation?
2. If my ex did commit representation, would I be able to be removed from being her sponsor since the above would be, well, fraud?
3. What kind of legal trouble might I get into because of this?
4. What are the next steps I need to take here?

My ex has told me that she has a lawyer and she wants her lawyer to talk to mine (why would I have a lawyer, though? I didn't commit immigration fraud, I think she did). I have evidence of the break up, evidence of her new relationship beginning before the PR process was completed, and have screenshots of text messages of her admitting to all of this. When I confronted her, she cursed me, threatened me, told me to shut up, etc etc. I know I'm being manipulated here, but it's still hard to deal with emotionally. If any clarity is needed on the above, please let me know. Thank you!

The application was a sponsorship application with you as the sponsor. When the relationship broke down, you were required to contact IRCC to let them know this and withdraw your sponsorship. This would have cancelled the application. It's unfortunate you didn't do that.

Once a sponsored partner lands and becomes a PR, you are financially responsible for them for three years as the sponsor.

Hire an immigration lawyer and meet with them first to talk through options. You were in fact supposed to notify IRCC once the relationship has broken down. This was your obligation as the sponsor. Having said that, it does sound like your ex committed misrepresentation if the application was approved in Nov but you broke up in Aug. Your ex should have cancelled the application if you didn't.

Again, talk to a lawyer. The part I would be worried about is the financial support obligation.

 

[scylla]

Hi folks,

Canadian citizen here in a bit of a bind. In 2022, my ex-partner came to Canada with me as a visitor and maintained status in Canada with repeated visitor records. Once we hit 1 year of cohabitation and became common law partners, she applied for Permanent Residence under the spousal sponsorship scheme.

She ended our relationship in August 2024 after the relationship broke down ( I kept trying to get her to do stuff like get a job, study English, stop smoking weed everyday, etc) and she began dating someone new within a week and I moved out the same day the relationship ended. This was all BEFORE the permanent residency application process was completed. I recently learned that she did NOT inform the IRCC that our relationship ended and continued with her PR application, which has now been approved since November. Her and her new boyfriend (the same guy she started dating right after we broke up) are now travelling abroad together, so I can only assume that she has now received her PR card, as she would not leave the country without the legal status to return.

I reached out to her to confront her about this and, after she cursed me and called me a controlling monster poisoned by Western thinking, admitted that she never told the IRCC that we broke up. From the research I've done and what I'm hoping to confirm is that this constitutes misrepresentation and immigration fraud. So really, my questions are:

1. Did my ex-partner, following the timeline above, commit misrepresentation?
2. If my ex did commit representation, would I be able to be removed from being her sponsor since the above would be, well, fraud?
3. What kind of legal trouble might I get into because of this?
4. What are the next steps I need to take here?

My ex has told me that she has a lawyer and she wants her lawyer to talk to mine (why would I have a lawyer, though? I didn't commit immigration fraud, I think she did). I have evidence of the break up, evidence of her new relationship beginning before the PR process was completed, and have screenshots of text messages of her admitting to all of this. When I confronted her, she cursed me, threatened me, told me to shut up, etc etc. I know I'm being manipulated here, but it's still hard to deal with emotionally. If any clarity is needed on the above, please let me know. Thank you!

Separately, your ex sounds like a terrible person. Sorry for that.

 

[vancityrichard]

Separately, your ex sounds like a terrible person. Sorry for that.

Haha, that is a completely different can of worms, but thanks.

Now I'm worried that I'm going to get in trouble for reporting her fraud; I wasn't aware that it was also my obligation to inform the IRCC, as I was not the applicant and she was the one in correspondence with them. I didn't realize she'd do this... dang.

 

[scylla]

Haha, that is a completely different can of worms, but thanks.

Now I'm worried that I'm going to get in trouble for reporting her fraud; I wasn't aware that it was also my obligation to inform the IRCC, as I was not the applicant and she was the one in correspondence with them. I didn't realize she'd do this... dang.

I don't see you getting into any trouble. My concern would again be the financial support bit. If she takes any social assistance within the next three years, you will be required to pay this money back to the government. Of course you may feel there is no risk of that.

 

[canuck78]

Haha, that is a completely different can of worms, but thanks.

Now I'm worried that I'm going to get in trouble for reporting her fraud; I wasn't aware that it was also my obligation to inform the IRCC, as I was not the applicant and she was the one in correspondence with them. I didn't realize she'd do this... dang.

Not reporting at this point is much worse than reporting. You made a significant error by not withdrawing the sponsorship but you are at least taking steps to try to rectify the error. This can/will also impact your ability to sponsor another partner. You can’t sponsor anyone for 3 years from your ex-partner’s landing date and if you did apply to sponsor again it will become obvious that sponsorship should have never been approved. It is very difficult to have someone’s PR cancelled after sponsorship but in this case I think there is a decent chance that IRCC may take action.

 

[armoured]

I have evidence of the break up, evidence of her new relationship beginning before the PR process was completed, and have screenshots of text messages of her admitting to all of this. When I confronted her, she cursed me, threatened me, told me to shut up, etc etc.

You should report it to IRCC with whatever evidence you have:
https://www.canada.ca/en/immigration-refugees-citizenship/services/protect-fraud/report-fraud.html

As noted, it may be low priority for IRCC, but there's also a chance they will take some action or at least put a note on file.

The main thing though is that if the evidence there is strong that the break-up occurred before they became a PR, and that they made a false statement / misrepresentation when becoming a PR (that the relationship was ongoing), the PR status CAN be revoked.

IRCC probably won't take any action while they are abroad; but a note to file might result in a secondary interview at port of entry, which could lead elsewhere. (Speculation on my part but I would think don't advise the ex that you've reported to IRCC; possibly better chance the border agent might get them to admit, inadvertently, to the misrepresentation).

In my view your main goal in seeing a lawyer is to protect yourself against financial claims from your former partner, and other false claims (eg of abuse or whatever). Personally I doubt there is much can be done on the guarantees you made (if partner makes use of financial assistance) other than reporting to IRCC and hoping they don't return to Canada/make use of that financial assistance.