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Specific Common Law question before PPR

canuck78

VIP Member
Jun 18, 2017
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Keep in mind there are no guarantees she will be ale to get a visa to visit. You are both young and may not be sure that you want be together for the longterm but you keep mentioning sponsoring your girlfriend once you arrive which is why we are all a bit confused.
 

StevieFray

Hero Member
Jan 26, 2015
462
375
Nomination.....
17-07-2017
Passport Req..
15-01-2018
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.
Sigh, I wish i could use you as a proxy. So ok let me try to explain this to her. How long do you think it will take after I get that spousal /common-law kit to process once I receive a PPR? See my worry is that my PPR and common law will occur extremely close to the same time frame. I obviously cannot say I'm in a common-law relationship yet until it reaches that time either.

So in a nutshell, lets say we establish a common law relationship in Jan 2018. I receive my PPR in jan 2018. I answer yes to a change in my family composition etc. I fill out the commonlaw/spousal kit. I requested her pcc from US say in october 2017 (ahead of time) since it is six months valid. I can pay half the medical. So when it is requested, I can immediately submit all the documents and simply prepare from now?

How long will it take after I have submitted our common law kit to get a new PPR and CoPr?

Do you think that is a good plan?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Sigh, I wish i could use you as a proxy. So ok let me try to explain this to her. How long do you think it will take after I get that spousal /common-law kit to process once I receive a PPR? See my worry is that my PPR and common law will occur extremely close to the same time frame. I obviously cannot say I'm in a common-law relationship yet until it reaches that time either.

So in a nutshell, lets say we establish a common law relationship in Jan 2018. I receive my PPR in jan 2018. I answer yes to a change in my family composition etc. I fill out the commonlaw/spousal kit. I requested her pcc from US say in october 2017 (ahead of time) since it is six months valid. I can pay half the medical. So when it is requested, I can immediately submit all the documents and simply prepare from now?

How long will it take after I have submitted our common law kit to get a new PPR and CoPr?

Do you think that is a good plan?
Yes, you can certainly prepare in advance. The police checks and medical (which is valid for 1 year) don't have to be done after you're common-law. They can be done a bit earlier, so the next day after becoming common-law you can update your visa office and submit everything even before it's requested.

If i were you I'd pay for her entire medical exam cost, if you think she will resist trying to do it in the first place.

I have no idea how long it takes to add in a common-law non-accompanying partner to your app, it really depends on the specific visa officer processing your file.
 
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StevieFray

Hero Member
Jan 26, 2015
462
375
Nomination.....
17-07-2017
Passport Req..
15-01-2018
Yes, you can certainly prepare in advance. The police checks and medical (which is valid for 1 year) don't have to be done after you're common-law. They can be done a bit earlier, so the next day after becoming common-law you can update your visa office and submit everything even before it's requested.

If i were you I'd pay for her entire medical exam cost, if you think she will resist trying to do it in the first place.

I have no idea how long it takes to add in a common-law non-accompanying partner to your app, it really depends on the specific visa officer processing your file.
Ok cool, one thought came to mind? How can I fill sponsor those forms if I'm not even a PR or Citizen? Like for example, I just looked at 1344 sponsor eligibility assessment and the question 2 asked if I am a Canadian or PR? Then the disclaimer states, if I answered No to this question DO NOT submit the application..What kind of confusing crap is this?
 

spousalsponsee

Hero Member
Apr 21, 2017
573
170
Ok cool, one thought came to mind? How can I fill sponsor those forms if I'm not even a PR or Citizen? Like for example, I just looked at 1344 sponsor eligibility assessment and the question 2 asked if I am a Canadian or PR? Then the disclaimer states, if I answered No to this question DO NOT submit the application..What kind of confusing crap is this?
You don't 'sponsor' your partner. You will just be adding her as a dependent to your own application.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Ok cool, one thought came to mind? How can I fill sponsor those forms if I'm not even a PR or Citizen? Like for example, I just looked at 1344 sponsor eligibility assessment and the question 2 asked if I am a Canadian or PR? Then the disclaimer states, if I answered No to this question DO NOT submit the application..What kind of confusing crap is this?
You are NOT applying to sponsor her, so don't even look at the Family Class applications at this time. You are simply adding her to your current PR application already in progress as a non-accompanying spouse/dependent. This has nothing to do with sponsoring someone. So I think you just make the change in marital status on your Express Entry profile.

Only after you've landed as a PR, and if she was declared as a non-accompanying spouse in your own app, could you then sponsor her for PR immediately after you land in Canada. This would be an entirely new process separate from your current app in progress, started only after you become PR.

Or as mentioned before if you stop your cohabitation so are not common-law and don't need to include her, then after you land in Canada as a "single" PR you can only sponsor her under a Family Class application once you become common-law (so spend a new 12 months together) or get married.
 

StevieFray

Hero Member
Jan 26, 2015
462
375
Nomination.....
17-07-2017
Passport Req..
15-01-2018
You are NOT applying to sponsor her, so don't even look at the Family Class applications at this time. You are simply adding her to your current PR application already in progress as a non-accompanying spouse/dependent. This has nothing to do with sponsoring someone. So I think you just make the change in marital status on your Express Entry profile.

Only after you've landed as a PR, and if she was declared as a non-accompanying spouse in your own app, could you then sponsor her for PR immediately after you land in Canada. This would be an entirely new process separate from your current app in progress, started only after you become PR.

Or as mentioned before if you stop your cohabitation so are not common-law and don't need to include her, then after you land in Canada as a "single" PR you can only sponsor her under a Family Class application once you become common-law (so spend a new 12 months together) or get married.
Well I cannot change my EE profile as I have submitted my application PR app a while ago. We aren't common law yet. But this is insightful. The best I could do for now is probably request PCC down the road and take medical until we do identify as common law (if we decide to physically live together).
Does the medical and PCC expire after you have added her as non accompanying ie. if she decides she wants to get sponsored in 2019 or later?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Well I cannot change my EE profile as I have submitted my application PR app a while ago. We aren't common law yet. But this is insightful. The best I could do for now is probably request PCC down the road and take medical until we do identify as common law (if we decide to physically live together).
Does the medical and PCC expire after you have added her as non accompanying ie. if she decides she wants to get sponsored in 2019 or later?
I'm not too familiar with Express Entry process, but I'm pretty sure you can indeed change your profile to update for important changes like marital status change.

http://www.cic.gc.ca/english/immigrate/skilled/apply-how.asp
After you submit, you can use this Web form if you need to report important changes about your application, such as

  • births or deaths in your family
  • marriages or divorces
  • adoptions
  • changes in address or other contact information
  • changes to your job or job offer
  • a new educational credential
  • updated language test results
 

StevieFray

Hero Member
Jan 26, 2015
462
375
Nomination.....
17-07-2017
Passport Req..
15-01-2018
Both expire; the medical (after one year), and the Police Certificate (6 months).
Lol well, in that case, I will be seeing her 15 mins down the road because we ain't doing that twice buddy. I'll just have to marry her when we both are ready.
I'm not too familiar with Express Entry process, but I'm pretty sure you can indeed change your profile to update for important changes like marital status change.

http://www.cic.gc.ca/english/immigrate/skilled/apply-how.asp
After you submit, you can use this Web form if you need to report important changes about your application, such as

  • births or deaths in your family
  • marriages or divorces
  • adoptions
  • changes in address or other contact information
  • changes to your job or job offer
  • a new educational credential
  • updated language test results
Awesome thank you, I have to def bookmark this page.
 

StevieFray

Hero Member
Jan 26, 2015
462
375
Nomination.....
17-07-2017
Passport Req..
15-01-2018
Both expire; the medical (after one year), and the Police Certificate (6 months).
Hey guys and gals, I appreciate your responses.

So essentially,

1. If I file for her after I receive a PPR as accompanying, she has to complete med, pcc, and new forms? So we both will receive a new COPR for us to land together and the issuance of a new COPR seem to take 2-3 months more? Correct

2. If I file for her after I receive PPR but she is stated as non-accompanying, she still has to complete med, pcc, and new forms. However those med and pcc can expire at the time of sponsorship and will have to take new ones? Is this correct? If so, that doesn't make any sense to me. Pay now and have to pay again later?

The way I see it, I'm really started to think once I get PPR, we just get married in the court or justice of the peace next day, inform CIC, fill out forms (meds and PCC will be completed ahead of time), and submit. What do you all think about that?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Hey guys and gals, I appreciate your responses.

So essentially,

1. If I file for her after I receive a PPR as accompanying, she has to complete med, pcc, and new forms? So we both will receive a new COPR for us to land together and the issuance of a new COPR seem to take 2-3 months more? Correct

2. If I file for her after I receive PPR but she is stated as non-accompanying, she still has to complete med, pcc, and new forms. However those med and pcc can expire at the time of sponsorship and will have to take new ones? Is this correct? If so, that doesn't make any sense to me. Pay now and have to pay again later?
Why doesn't it make sense? If the forms expire, you must do new ones.

She must also do medical exam even as a non-accompanying partner, since it can affect your own PR app. If for some reason she had an expensive medical condition and failed the medical, that would mean you would be rejected for PR as well.

Once you're a PR and sponsor her under family class, spouses are exempt from most medical related criteria, so IRCC needs to check this during your EE app.

The way I see it, I'm really started to think once I get PPR, we just get married in the court or justice of the peace next day, inform CIC, fill out forms (meds and PCC will be completed ahead of time), and submit. What do you all think about that?
Sounds suspiciously like a marriage done only for immigration purposes.

Also the PPR day is not important. You can add a spouse/common-law partner to your EE app as accompanying or non-accompanying, at any time.
 
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StevieFray

Hero Member
Jan 26, 2015
462
375
Nomination.....
17-07-2017
Passport Req..
15-01-2018
Why doesn't it make sense? If the forms expire, you must do new ones.

She must also do medical exam even as a non-accompanying partner, since it can affect your own PR app. If for some reason she had an expensive medical condition and failed the medical, that would mean you would be rejected for PR as well.

Once you're a PR and sponsor her under family class, spouses are exempt from most medical related criteria, so IRCC needs to check this during your EE app.



Sounds suspiciously like a marriage done only for immigration purposes.

Also the PPR day is not important. You can add a spouse/common-law partner to your EE app as accompanying or non-accompanying, at any time.
At this time, we were never interested in some big waste of wedding money when we are only focused on getting settled. "Only" is a strong choice of words because you are implying that it is fraud. That doesn't mean it isn't genuine just because we don't have some ceremony with a bunch of food, people smiling up and wasting our time OR because we decided to do it right after a PPR. It makes sense to have good timing as well. Where I'm from we don't have time for that buddy. We got evidence to show for almost 8 years, that's easy, so if it's "only for immigration purpose" then in thiss context after 8 years I think it fits the full context...In fact, we got evidence from toddler (together), high school college etc, whatever they want we got. We have already reviewed the docs so based on that, we would satisfy any proof.

I think folks automatically assume that since you marry after some immigration approval its automatically fraud. that depends on a case by case basis and hence your ability to provide proof and I welcome an interview if necessary. Lets not be stupid and also frank about it. If it is a smart move that can be of benefit and waste less time then fine.

But thanks anyway, I'll let you all know how it goes..next step is legal advice:) and if necessary legal representation.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
At this time, we were never interested in some big waste of wedding money when we are only focused on getting settled. "Only" is a strong choice of words because you are implying that it is fraud. That doesn't mean it isn't genuine just because we don't have some ceremony with a bunch of food, people smiling up and wasting our time OR because we decided to do it right after a PPR. It makes sense to have good timing as well. Where I'm from we don't have time for that buddy. We got evidence to show for almost 8 years, that's easy, so if it's "only for immigration purpose" then in thiss context after 8 years I think it fits the full context...In fact, we got evidence from toddler (together), high school college etc, whatever they want we got. We have already reviewed the docs so based on that, we would satisfy any proof.

I think folks automatically assume that since you marry after some immigration approval its automatically fraud. that depends on a case by case basis and hence your ability to provide proof and I welcome an interview if necessary. Lets not be stupid and also frank about it. If it is a smart move that can be of benefit and waste less time then fine.

But thanks anyway, I'll let you all know how it goes..next step is legal advice:) and if necessary legal representation.
The way you worded getting married (once I get PPR, we just get married in the court or justice of the peace next day), makes it sound like you are doing so primarily to facilitate immigration, and secondly because you actually want to get married. If you have a long and well documented relationship, then most likely that will be perfectly fine. However IRCC does look at timing and situations to see if there is any need to investigate further. Also in general relationship evidence is scrutinized more under Family Class apps, and less so for EE apps. So I agree you will probably be fine, just be careful in what you write in your application regarding the marriage.

Keep in mind also that adding a spouse as an accompanying dependent may affect your EE points. Some people find they don't qualify with an accompanying spouse, and are forced to include as non-accompanying to sponsor them later.
 
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StevieFray

Hero Member
Jan 26, 2015
462
375
Nomination.....
17-07-2017
Passport Req..
15-01-2018
The way you worded getting married (once I get PPR, we just get married in the court or justice of the peace next day), makes it sound like you are doing so primarily to facilitate immigration, and secondly because you actually want to get married. If you have a long and well documented relationship, then most likely that will be perfectly fine. However IRCC does look at timing and situations to see if there is any need to investigate further. Also in general relationship evidence is scrutinized more under Family Class apps, and less so for EE apps. So I agree you will probably be fine, just be careful in what you write in your application regarding the marriage.

Keep in mind also that adding a spouse as an accompanying dependent may affect your EE points. Some people find they don't qualify with an accompanying spouse, and are forced to include as non-accompanying to sponsor them later.
Thanks @Rob_TO you have really been a great help. I know some of my questions came off as irritating but it provided a clearer understanding.