Got COPR with my common law partner, getting married before landing to Canada

[vladandrie51]

Hey guys, basically the title.

We had a PR application with my fiancee (listed as a common law partner), everything went smoothly and we received CoPR.

We are thinking, before landing, to marry. Can this be troublesome? Do we have to inform anyone beforehand? Or can we just land with our CoPRs, Statutory declaration of common law union, which we signed and have attached to our application, and also provide to them our new marriage certificate?

Thank you

 

[armoured]

Hey guys, basically the title.

We had a PR application with my fiancee (listed as a common law partner), everything went smoothly and we received CoPR.

We are thinking, before landing, to marry. Can this be troublesome? Do we have to inform anyone beforehand? Or can we just land with our CoPRs, Statutory declaration of common law union, which we signed and have attached to our application, and also provide to them our new marriage certificate?

Thank you

Interesting question. I see no issue whatsoever - common law and married under the approach they take is basically identical.

Question: on your COPR(s), how are your respective spouses declared? I only have direct experience with family sponsorship, where the spouse of the principal applicant was disclosed under the section 'Sponsor Information' as "Spouse" (we are married). (Children listed as dependants of the principal applicant, and - to me, amusingly - the Sponsor was shown as 'Spouse' on the COPR of each child; i.e. clearly this means not that sponsor was spouse of the dependents but that the child was included in a spousal sponsorship.)

My guess is that in your case, the COPR of the principal applicant will list your spouse as a dependant with line SPOUSE - ACCOMPANYING, and the COPR of your spouse may have a section titled PRINCIPAL APPLICANT with your info.

And if so, then it woudl seem they are using the term "SPOUSE" for both common law and married spouses - so there would be no change if you're married anyway. (Not that i think it matters if they use a different term)

BUT: there is at any rate no harm and no issue with simply notifying IRCC by webform that you have married (short text that you were common law partners in application so no change in marital/relationship status, attach a copy of the marriage license if you can). I would personally consider that is more than enough and very little risk of any issue at landing or in future.

Important point, get a copy of the marriage certificate translated with attached notarized copy done before you arrive. Things are such in Canada that it's unlikely you'd ever have to show it to anyone, but get it done and keep it in a safe place in case you ever do need it. (Your spouse would need it if she plans to take your name - apart from that would be rare cases).

 

[vladandrie51]

Thank you for your detailed message.

On the COPR she is listed as: Common-Law partner - Accompanying.

I have no problem notifying the IRCC I just don't want to get into a scenario where our CoPRs/residency get declined after notifying them, I've read some stories like this although they never said whether they married their accompanying common law partner or an "undeclared" person.

At this point I'd rather just fly there, we both get our PR cards, fly back home and get married, after waiting so long for CoPRs, the last thing I want is to have them declined over something so trivial

 

[armoured]

Thank you for your detailed message.

On the COPR she is listed as: Common-Law partner - Accompanying.

I have no problem notifying the IRCC I just don't want to get into a scenario where our CoPRs/residency get declined after notifying them, I've read some stories like this although they never said whether they married their accompanying common law partner or an "undeclared" person.

At this point I'd rather just fly there, we both get our PR cards, fly back home and get married, after waiting so long for CoPRs, the last thing I want is to have them declined over something so trivial

You could call IRCC and check.

As far as I'm concerned there is no material change here - although it is interesting it reads common law partner.

But I can understand if you'd want to avoid the issue entirely.

 

[armoured]

BTW I have seen (and linked somewhere here) an IRCC document treating common law / conjugal sponsorships when they get married during the process - and it's treated as a 'proceed with no change except for taking into account now married.' I.e. they don't have to start over.

This strikes me as simple logical thing that (of course) a common law couple getting married does't change the 'spousal' nature of the relationship.

That's the logical conclusion, of course; but whether you can get anyone to outright confirm it, I don't know.

There are operational manuals of IRCC online in which you MIGHT find something relevant to confirm - but it may be a slow and tedious process to find. But since the alternative is flying twice and spending money etc., perhaps worth it.

Again, I wouldn't give this a second thought. But it's up to you in the end.

 

[vladandrie51]

Thank you. Appreciate your response. My gut feeling tells me the same but let's see if anyone has been / knows about this scenario and can chime in.

In the meanwhile I will keep searching around