Specific Common Law question before PPR

[StevieFray]

Hi guys, I am in a awkward situation and I just want to prepare for the future.

My fiancé and I have been living together for about nine months. It is likely that our relationship will be deemed common-law before I receive a PPR. When I do get a PPR and the question asks "Has your family composition changed since our last correspondence?" Does this question apply to the formation of a common-law relationship? If so, what are the ramifications of this new change?

The reason why I am asking is that, my fiancé does not intend to accompany me nor wants family sponsorship at this time. In fact, she prefers me to sponsor her probably a year later. lol no we aren't getting married yet either. But I just want to avoid any unnecessary spousal kits for common-law if required (at that time) or provide any evidence on that grounds because it is unnecessary right now at the time of PPR. I for one do not intend to increase my processing time..so...tough lol. But all laughs aside, she has her own personal career path as well so we will basically be long distance again.

How do I handle this situation? I want to ensure that when I do sponsor her down the road that this date doesn't come back to bite me in the you know....what Thanks.

@legalfalcon @Leon @CDNPR2014 @Rob_TO @canadianwoman @canuck_in_uk #CVCommunity

 

[canuck_in_uk]

Hi guys, I am in a awkward situation and I just want to prepare for the future.

My fiancé and I have been living together for about nine months. It is likely that our relationship will be deemed common-law before I receive a PPR. When I do get a PPR and the question asks "Has your family composition changed since our last correspondence?" Does this question apply to the formation of a common-law relationship? If so, what are the ramifications of this new change?

The reason why I am asking is that, my fiancé does not intend to accompany me nor wants family sponsorship at this time. In fact, she prefers me to sponsor her probably a year later. lol no we aren't getting married yet either. But I just want to avoid any unnecessary spousal kits for common-law if required (at that time) or provide any evidence on that grounds because it is unnecessary right now at the time of PPR. I for one do not intend to increase my processing time..so...tough lol. But all laughs aside, she has her own personal career path as well so we will basically be long distance again.

How do I handle this situation? I want to ensure that when I do sponsor her down the road that this date doesn't come back to bite me in the you know....what Thanks.

@legalfalcon @Leon @CDNPR2014 @Rob_TO @canadianwoman @canuck_in_uk #CVCommunity

Hi

As soon as you become common-law, you need to add her to your application. She will need to fill out the necessary forms, have a medical and obtain PCCs. You can list her as non-accompanying if she doesn't wish to come to Canada with you right now.

If you don't add her, she will be excluded from the Family Class, which means that you would never be able to sponsor her.

 

[StevieFray]

Hi

As soon as you become common-law, you need to add her to your application. She will need to fill out the necessary forms, have a medical and obtain PCCs. You can list her as non-accompanying if she doesn't wish to come to Canada with you right now.

If you don't add her, she will be excluded from the Family Class, which means that you would never be able to sponsor her.

Well if thats the case, she is not prepared or interested in participating in getting those forms, pcc or medicals. So i guess someone will need to move because im not getting any delays lol. Because if i got ppr on the same day that makes us common law ill be pissed to have more delays and she'll be irritated that im forcing her to do something she isnt ready to do ie pcc medicals payments evidence etc

 

[scylla]

Well if thats the case, she is not prepared or interested in participating in getting those forms, pcc or medicals. So i guess someone will need to move because im not getting any delays lol. Because if i got ppr on the same day that majes us common law ill be pissed to have more delays and she'll be irritated that im forcing her to do something she isnt ready to do ie pcc medicals payments evidence etc

In that case one of you needs to move out immediately to make sure you get nowhere close to the 12 month mark of living together. I would do it now. I wouldn't wait until you hit month 10. When you do finally apply to sponsor her, she'll need to show her address history and CIC may want additional proof that you didn't cohabitate for 12 months. So I'd makes sure one of you moves now (well before the 12 month mark). This is a serious matter and doing the wrong thing can permanently mess up your life together.

 

[StevieFray]

Ok no worries

In that case one of you needs to move out immediately to make sure you get nowhere close to the 12 month mark of living together. I would do it now. I wouldn't wait until you hit month 10. When you do finally apply to sponsor her, she'll need to show her address history and CIC may want additional proof that you didn't cohabitate for 12 months. So I'd makes sure one of you moves now (well before the 12 month mark). This is a serious matter and doing the wrong thing can permanently mess up your life together.

Ok no worries, her location and bills still tied at home and her mother lives like 15 mins away.

 

[canuck_in_uk]

Ok no worries, her location and bills still tied at home and her mother lives like 15 mins away.

Note that you need to actually be physically living apart. If you continue to live together and become common-law but later on list her mother's address in the sponsorship app, you will be committing immigration fraud.

As scylla said, you need to sort this out now to avoid any possible problems in future.

 

[StevieFray]

Note that you need to actually be physically living apart. If you continue to live together and become common-law but later on list her mother's address in the sponsorship app, you will be committing immigration fraud.

As scylla said, you need to sort this out now to avoid any possible problems in future.

Oh no it wouldn't get that far. She can live there with her mother. Thats where she was before so no biggie. Ill just stay where im at. It would just be easier for my situation because we are from the same country and she doesn't live far from me. I don't know how much more physical it can get by just returning to your home which was only 10-15 mins away from me...

Misrepresentation is out of the question, not even intending to game the system.

Well she is her own woman so if she files for herself too doesn't matter. Like I said she isnt too focused on living in Canada lol...yet..

 

[canuck_in_uk]

Oh no it wouldn't get that far. She can live there with her mother. Thats where she was before so no biggie. Ill just stay where im at. It would just be easier for my situation because we are from the same country and she doesn't live far from me. I don't know how much more physical it can get by just returning to your home which was only 10-15 mins away from me...

Misrepresentation is out of the question, not even intending to game the system.

Well she is her own woman so if she files for herself too doesn't matter. Like I said she isnt too focused on living in Canada lol...yet..

You really should think about the options. If you guys plan for her to immigrate next year, it really would be easier to just become common-law and include her in your app. She can land as a PR and return home until she is ready to move here.

 

[StevieFray]

You really should think about the options. If you guys plan for her to immigrate next year, it really would be easier to just become common-law and include her in your app. She can land as a PR and return home until she is ready to move here.

Ohhhh, ok cool now that is a great option..makes sense now. I thought she couldn't leave. Well I'll pitch that to her since we have to consider in the long run too.

 

[StevieFray]

You really should think about the options. If you guys plan for her to immigrate next year, it really would be easier to just become common-law and include her in your app. She can land as a PR and return home until she is ready to move here.

So if my family composition changed on the day I received my PPR, what is required if your common-law partner is not accompanying you to Canada? Will this delay my time of receiving a COPR? Willl I be able to submit for PPR while she is in the process of getting her medicals and PCC? I'm just not in the mood for gathering all that evidence crap after just completing my own process to waste further time. See what confuses me is that, my time gets extended at the end stage instead of the beginning. By me saying I am in a common-law relationship as of this time also stands as misrepresentation, so I'm not going to do that either.

Yeah maybe its uncommon but just because we would be in a common-law relationship at that point in time doesn't mean she wants to participate in what I would want. Who am I to force her to get a medical done or her hands fingerprinted.

 

[Rob_TO]

So if my family composition changed on the day I received my PPR, what is required if your common-law partner is not accompanying you to Canada? Will this delay my time of receiving a COPR?

Yes it will delay. Or if you already have your COPR in hand, and then reach 12 months to become common-law, that COPR issued as "single" would no longer be valid so would need to return to the visa office.

Basically you can't do your PR landing with a COPR that states "single", if as of the date of PR landing you are actually common-law. That is misrepresentation and could result in your own PR status being revoked, or keeping your PR but never being able to sponsor your partner in the future.

Changing status to common-law is mandatory regardless if your partner will be accompanying or non-accompanying. Delay in adding partner will depend how long it takes to do medical exam and police checks, and for the visa office to include her in your app. If you don't want to go through this, you need to stop living together before you get close to 12 months.

 

[StevieFray]

Yes it will delay. Or if you already have your COPR in hand, and then reach 12 months to become common-law, that COPR issued as "single" would no longer be valid so would need to return to the visa office.

Basically you can't do your PR landing with a COPR that states "single", if as of the date of PR landing you are actually common-law. That is misrepresentation and could result in your own PR status being revoked, or keeping your PR but never being able to sponsor your partner in the future.

Changing status to common-law is mandatory regardless if your partner will be accompanying or non-accompanying. Delay in adding partner will depend how long it takes to do medical exam and police checks, and for the visa office to include her in your app. If you don't want to go through this, you need to stop living together before you get cl.ose to 12 months.

Thanks,

Well I'm going by the books, if common-law is defined as 12 months, I shall use an exact date calculator to ensure it is specifically the correct day. Like I mentioned earlier, we don't have to live together as her mother lives only 15 mins away (that is where she used to live). I just think its silly (but advantageous) in my situation given that we both grew up together, same school, same country, almost neighborhood friends, and our address history will actually be similar..may be just a house number difference. Oh well... too bad CIC didn't have a status as engaged, maybe it would have been diff lol. Living apart from each other is extremely easy for us. We busy follks, she'll just have to come to Canada and sponsor her from there. At least that will give her enough money to save in the event she doesn't get a work permit either.

 

[spousalsponsee]

Thanks,

Well I'm going by the books, if common-law is defined as 12 months, I shall use an exact date calculator to ensure it is specifically the correct day. Like I mentioned earlier, we don't have to live together as her mother lives only 15 mins away (that is where she used to live). I just think its silly (but advantageous) in my situation given that we both grew up together, same school, same country, almost neighborhood friends, and our address history will actually be similar..may be just a house number difference. Oh well... too bad CIC didn't have a status as engaged, maybe it would have been diff lol. Living apart from each other is extremely easy for us. We busy follks, she'll just have to come to Canada and sponsor her from there. At least that will give her enough money to save in the event she doesn't get a work permit either.

.... I cannot envisage why you think the kerfuffle involved in this rigmarole is easier than just adding her name to a form. Which would avoid all the paperwork of a later application. You seem to be going out of your way to make your lives harder in the future for no benefit now. Which you're free to do, it just.... looks really weird.

 

[StevieFray]

.... I cannot envisage why you think the kerfuffle involved in this rigmarole is easier than just adding her name to a form. Which would avoid all the paperwork of a later application. You seem to be going out of your way to make your lives harder in the future for no benefit now. Which you're free to do, it just.... looks really weird.

Becauusssee she has her own pathh too which is not aligned with my own right now. We are still in our 20s so I have no problem with that. We did long distance before and its not an issue. Its not like I can force her. Imagine if she wanted me to do something I didn't want to do and I told her, that I wanted to go to Canada. I have to respect her plans too. That's why I say those things and why we didn't get married yet. Eventually our paths will converge. At this time she can visit, I can visit, everyone is happy.

 

[Rob_TO]

Becauusssee she has her own pathh too which is not aligned with my own right now. We are still in our 20s so I have no problem with that. We did long distance before and its not an issue. Its not like I can force her. Imagine if she wanted me to do something I didn't want to do and I told her, that I wanted to go to Canada. I have to respect her plans too. That's why I say those things and why we didn't get married yet. Eventually our paths will converge. At this time she can visit, I can visit, everyone is happy.

It's really not that hard. The medical exam take all of a few hours, and the police checks she can order quite easily as well. Hard to imagine someone I was in a serious relationship with flat out unwilling to spend a few hours of inconvenience to assist with an immigration application which I assume is very important to you.