A peculiar situation / common law separation?

[szymon247]

No - there is no such option.

You can flag her as non-accompanying (meaning she's not coming with you now and you will sponsor her later) - but she still need to do the medicals, get PCCs, prove you're common law, etc.

In which case, there are no benefits to that option over "accompanying", from what I understand, the only difference being that If I chose "accompanying" she could come with me now without the need to go through the sponsoring path, basically?

Again, I don't know how to thank you guys. I think I will e-mail IRCC and explain the situation.

I would just like to clarify one last thing. I'm really worried that the attempt of adding her now would end up in a risk of losing the PR altogether for both of us, including the current COPR. Is it confirmed that in worst case I will just not be able to add her now, but still will be able to use my COPR as 'single' in worst case?

 

[scylla]

In which case, there are no benefits to that option over "accompanying", from what I understand, the only difference being that If I chose the latter she could come with me now without the need to go through the sponsoring path, basically?

Again, I don't know how to thank you guys. I think I will e-mail IRCC and explain the situation.

I would just like to clarify one last thing. I'm really worried that the attempt of adding her now would end up in a risk of losing the PR altogether for both of us, including the current COPR. Is it confirmed that in worst case I will just not be able to add her now, but still will be able to use my COPR as 'single' in worst case?

For your first questions - there are benefits to going non-accompanying for some. No benefits in your case. Makes sense to list her as accompanying.

Worst case scenario CIC won't let you add her - in which case you'll simply use the COPR you have now to land. They won't cancel your COPR.

 

[szymon247]

For your first questions - there are benefits to going non-accompanying for some. No benefits in your case. Makes sense to list her as accompanying.

Worst case scenario CIC won't let you add her - in which case you'll simply use the COPR you have now to land. They won't cancel your COPR.

Thanks a lot for the help. I am a little worried, as some people here suggested that my COPR will become invalid and I will have to return it, and I might lose my PR:
http://www.canadavisa.com/canada-im...ouse-after-received-copr.453866/#post-5479923
http://www.canadavisa.com/canada-im...ouse-after-received-copr.453866/#post-5485041
http://www.canadavisa.com/canada-im...after-landing-add-spouse.403248/#post-5058813

I assume that cannot happen?

Lastly, is there the best way about notifying them so late about the status change? Truth is I didn't know we are actually still common law, but my ignorance doesn't sound like a great excuse, as we gained CL status 5 months ago before I got my COPR.

 

[canuck_in_uk]

Thanks a lot for the help. I am a little worried, as some people here suggested that my COPR will become invalid and I will have to return it, and I might lose my PR:
http://www.canadavisa.com/canada-im...ouse-after-received-copr.453866/#post-5479923
http://www.canadavisa.com/canada-im...ouse-after-received-copr.453866/#post-5485041
http://www.canadavisa.com/canada-im...after-landing-add-spouse.403248/#post-5058813

I assume that cannot happen?

Lastly, is there the best way about notifying them so late about the status change? Truth is I didn't know we are actually still common law, but my ignorance doesn't sound like a great excuse, as we gained CL status 5 months ago before I got my COPR.

Your COPR will become invalid and you will have to return it, as it would need to be re-issued with your partner included.

The only way that your PR app would be refused is if your common-law partner is found to be inadmissible, as that would make you inadmissible as well.

 

[spousalsponsee]

Thanks a lot for the help. I am a little worried, as some people here suggested that my COPR will become invalid and I will have to return it, and I might lose my PR:
http://www.canadavisa.com/canada-im...ouse-after-received-copr.453866/#post-5479923
http://www.canadavisa.com/canada-im...ouse-after-received-copr.453866/#post-5485041
http://www.canadavisa.com/canada-im...after-landing-add-spouse.403248/#post-5058813

I assume that cannot happen?

Lastly, is there the best way about notifying them so late about the status change? Truth is I didn't know we are actually still common law, but my ignorance doesn't sound like a great excuse, as we gained CL status 5 months ago before I got my COPR.

The person who 'read somewhere' that it can lead to cancellation is spreading rumour with no basis in fact.

The statement that the COPR will cease to be valid is true. Your COPR currently (and probably wrongly) says you are single. If they say you are not a CL couple, then your COPR will still be valid, and you can use it to land as single. If they say you are CL, your existing COPR will be cancelled, and after your partner has been examined, a new COPR will be issued for each of you, listing you as a CL couple.

 

[szymon247]

The person who 'read somewhere' that it can lead to cancellation is spreading rumour with no basis in fact.

The statement that the COPR will cease to be valid is true. Your COPR currently (and probably wrongly) says you are single. If they say you are not a CL couple, then your COPR will still be valid, and you can use it to land as single. If they say you are CL, your existing COPR will be cancelled, and after your partner has been examined, a new COPR will be issued for each of you, listing you as a CL couple.

Thanks guys! It made it more clear.

As we acquired the CL status 5 months ago, before I received the COPR (that said I'm single, and now I'm claiming that I really wasn't), and I'm only going to notify them about that fact now, is it not going to cause problems? I don't know whether I should say that I was unaware we were common law, or maybe that we didn't have documents to prove it at the time? Is there no risk they might think I hid something from them? No chance they'd cancel my PR based on that? It's been 5 months after all.

 

[canuck_in_uk]

Thanks guys! It made it more clear.

As we acquired the CL status 5 months ago, before I received the COPR (that said I'm single, and now I'm claiming that I really wasn't), and I'm only going to notify them about that fact now, is it not going to cause problems? I don't know whether I should say that I was unaware we were common law, or maybe that we didn't have documents to prove it at the time? Is there no risk they might think I hid something from them? No chance they'd cancel my PR based on that? It's been 5 months after all.

No, it won't cause problems. There are many perfectly valid reasons for delaying adding a partner to an existing app. All IRCC cares is that you add the partner before you land.

 

[szymon247]

Thank you all so much for the help. I contacted CIC to add my partner and we are going through the process of filling documents to add her now.
We are having a problem with the date when we became common-law. We were living together for just over a year, but the first few days that are necessary to make it a year were in a short term rental in the US, then in a hotel in Canada. The problem is that we have no documents to prove that we lived in those places together. I have payment receipt (just my name) and otherwise we only have common flight tickets to get there and photos we took together in those places. Should I still write that we became common law a year after the day we started living together in the US despite having no documents to prove that? The alternative is a year after we moved in to the hotel in Canada (no proof also). Otherwise we have a yearly rental agreement on an apartment in Canada we moved from the hotel into, but we left Canada 2 days before the agreement expired.

Additional problem with the short stay in the US is that I did not include it in the address history in my PR application, as it was just a short holiday. I did include the hotel in Canada as I had moved out of my apartment in Europe to that hotel to live in Canada. The hotel stay in Canada + our shared rental agreement would be enough to make it a year. However, question is which date should be included as the beginning of our common law relationship?

 

[canuck_in_uk]

Thank you all so much for the help. I contacted CIC to add my partner and we are going through the process of filling documents to add her now.
We are having a problem with the date when we became common-law. We were living together for just over a year, but the first few days that are necessary to make it a year were in a short term rental in the US, then in a hotel in Canada. The problem is that we have no documents to prove that we lived in those places together. I have payment receipt (just my name) and otherwise we only have common flight tickets to get there and photos we took together in those places. Should I still write that we became common law a year after the day we started living together in the US despite having no documents to prove that? The alternative is a year after we moved in to the hotel in Canada (no proof also). Otherwise we have a yearly rental agreement on an apartment in Canada we moved from the hotel into, but we left Canada 2 days before the agreement expired.

Additional problem with the short stay in the US is that I did not include it in the address history in my PR application, as it was just a short holiday. I did include the hotel in Canada as I had moved out of my apartment in Europe to that hotel to live in Canada. The hotel stay in Canada + our shared rental agreement would be enough to make it a year. However, question is which date should be included as the beginning of our common law relationship?

You became common-law one year after you started living together.

 

[psahanj]

Hi Guys,
Me and my partner have been staying together since past 3 years in the US, but, not in a marriage like relationship. We have separate rooms and pay for all the utilities etc equally. Each month we settle off the expenses and share everything equally as roommates do.
We both applied through express entry and received an ITA. We have 75 days remaining to submit our respective applications.
After reading through lots of posts on this forum, I am confused if we should mention each other as Common-Law nut non accompanying in our applications?
We applied as Single when we applied in the express entry pool. Will this be a problem now? Will CIC interpret this as if we tried to hide something?
We were not aware of this rule when we applied initially.
Any advice is appreciated!

 

[szymon247]

You became common-law one year after you started living together.

Yes, I understand that. My problem is that the first few days we were in fact living together we stayed at two different hotels, in the same rooms. The first one we cannot prove, the second hotel provided a document that proves we stayed there together. Afterwards we moved in to an apartment where we stayed for a year without 2 days, so we have to include the second hotel stay for it to be a year.
Question is should we claim we became common law a year after we started staying at the first hotel that we cannot prove, or the second hotel that we can?
In my PR application I did not include the first hotel as my address (I listed it as a travel destination) while the second hotel was listed as my address (as we both moved our belongings to it while looking for the final apartment).

 

[canuck_in_uk]

Yes, I understand that. My problem is that the first few days we were in fact living together we stayed at two different hotels, in the same rooms. The first one we cannot prove, the second hotel provided a document that proves we stayed there together. Afterwards we moved in to an apartment where we stayed for a year without 2 days, so we have to include the second hotel stay for it to be a year.
Question is should we claim we became common law a year after we started staying at the first hotel that we cannot prove, or the second hotel that we can?
In my PR application I did not include the first hotel as my address (I listed it as a travel destination) while the second hotel was listed as my address (as we both moved our belongings to it while looking for the final apartment).

There is only one possible date that you became common-law. It doesn't matter what you have proof for.

 

[szymon247]

There is only one possible date that you became common-law. It doesn't matter what you have proof for.

Despite it being just a holiday destination where we were in the same room, that I did not declare as my address in a PR application and have no proof of? I don't want to do anything against the rules, but even we didn't consider that "living together", and if CIC asks about proof, we won't have anything for that period.
It was supposed to be holidays before living together in Canada, where we in fact moved together for a year and have documentation of, and declared in my PR application as my address at the time, because it was.

 

[canuck_in_uk]

Despite it being just a holiday destination where we were in the same room, that I did not declare as my address in a PR application and have no proof of? I don't want to do anything against the rules, but even we didn't consider that "living together", and if CIC asks about proof, we won't have anything for that period.
It was supposed to be holidays before living together in Canada, where we in fact moved together for a year and have documentation of, and declared in my PR application as my address at the time, because it was.

As long as your provide proof covering a full one year period, they aren't going to ask for proof of those few days.

 

[szymon247]

I would like to thank everyone who helped me here from the bottom of my heart! Me and my spouse safely landed in Canada as a common-law couple of permanent residents! I would have never accomplished this without you @scylla , @spousalsponsee , @Sous02 , @KBH , @canuck_in_uk and I would like to individually thank each and all of you. I know it's just a few forum posts, but they were perhaps the most important things that ever happened to me on the Internet, and you were the reason I am now able to live in Canada - a place I love, with the person I love. Your advice helped me do things correctly and thanks to you we are able to be here now, together.

You have my sincerest gratitude. Thank you!