Please help! Did not indicate common-law status.

[Baqlav]

I have been dating my boyfriend since 2018 November. We started living together from 2020 May. However, we both had no idea that we became common-law partners after 1 year of living together (2021 May). Therefore we both filed our taxes as single and my boyfriend got his PR in 2021 September which he also filed as single. In this case how should we apply for our family sponsorship application. We both had no idea about the automatic common-law status since this does not exist in our home countries. During this time I was only 20 years old in university and was completely unaware and made this mistake.

I do plan to get additional help from a lawyer but please give me advice in this situation so we avoid having our application denied. We are just starting with our application so any advice is appreciated. Thanks!

 

[armoured]

Not much anyone can say, speak to a lawyer. The facts are what they are, your partner failed to declare you, and likely that means you can never be sponsored.

 

[Baqlav]

Not much anyone can say, speak to a lawyer. The facts are what they are, your partner failed to declare you, and likely that means you can never be sponsored.

In this case what is the likelihood of my application getting denied?

 

[canuck78]

In this case what is the likelihood of my application getting denied?

High. You should be looking for pathways to qualify on your own. You both also need to amend your taxes.

 

[armoured]

In this case what is the likelihood of my application getting denied?

High. Not 100% but high. Have you already submitted it?

 

[Baqlav]

High. Not 100% but high. Have you already submitted it?

No I have not submitted my application yet.

 

[armoured]

No I have not submitted my application yet.

Again, suggest you speak to a lawyer, at least for a consultation.

Slight advantage in your case is that the boyfriend had started his PR process before (although he was required to add you as common law), so there is at least plausible case for "we did not know" (because nothing comparable in home country). Not a very good one since you have been here since 2018 and dating. (If I understood correctly). Some have had some success with 'we shared accommodation as students but were not a couple' for part of the time.

Arguably, also, that had you had any knowledge (and were a student for several years in here?), you'd have had him include you as spouse and saved some money (likely a lot) on domestic tuition fees.

I can't say what other arguments (if any) would be convincing. Have you married/plan to apply as married? (Again, not a great argument, but applying now as common law would arguably imply that you knew of the concept).

Note, I think the IRCC approach to this is overly strict - but it's not up to me.

 

[thanhtam23]

Have you married/plan to apply as married? (Again, not a great argument, but applying now as common law would arguably imply that you knew of the concept).

right, are you married? when did you learn about this common-law?
if there is no plausible argument, chance of rejection is very high