Please help with complicated outland application

[corazonnomada]

Hello,

I have been reading this site for a while and just decided to post because I'm at lost with our application. Any advice is much appreciate it, thank you! it can get lengthy sorry...

I am starting to prepare for an outland app. I arrived in Canada in feb 2017 with a visitor visa. I have been living with my partner ( who is a PR) since then, we have been off and on of the relationship for around 10 years but have been committed to each other definitely and without breaking up since may 2015 although we started to live together until February last year. We have a daughter together who is 4yo and was born out side Canada. Me and my partner were not together at the time of the birth, so his name is not on the birth certificate but they share the same last name. I extended my visitor record on October 31 and we decided to sign a common law statutory declaration to show immigration but we weren't very informed and dated the common law declaration as may 2015 the date where decided to commit to each others life. Now by reading this forum I realized we might did wrong since we are consider common law once we have lived together for year. My questions are: can we sign another common law declaration with the correct dates ( and write a letter to immigration to explain our confusion) and will that dates be February 2018 since we are now officially common law? And can we send a DNA test to prove my partner is the biological father of my daughter since we can not use the birth certificate because he is not on it? if anyone read through here THANK YOU SO MUCH

 

[majesty]

Hello,

I have been reading this site for a while and just decided to post because I'm at lost with our application. Any advice is much appreciate it, thank you! it can get lengthy sorry...

I am starting to prepare for an outland app. I arrived in Canada in feb 2017 with a visitor visa. I have been living with my partner ( who is a PR) since then, we have been off and on of the relationship for around 10 years but have been committed to each other definitely and without breaking up since may 2015 although we started to live together until February last year. We have a daughter together who is 4yo and was born out side Canada. Me and my partner were not together at the time of the birth, so his name is not on the birth certificate but they share the same last name. I extended my visitor record on October 31 and we decided to sign a common law statutory declaration to show immigration but we weren't very informed and dated the common law declaration as may 2015 the date where decided to commit to each others life. Now by reading this forum I realized we might did wrong since we are consider common law once we have lived together for year. My questions are: can we sign another common law declaration with the correct dates ( and write a letter to immigration to explain our confusion) and will that dates be February 2018 since we are now officially common law? And can we send a DNA test to prove my partner is the biological father of my daughter since we can not use the birth certificate because he is not on it? if anyone read through here THANK YOU SO MUCH

You do not actually have to submit a declaration of common-law union anymore (I believe this is the case at least when we submitted our application). Yes, it does provide stronger evidence that you are committed to each other.

Your start date of your common-law relationship is that date when you first started living together CONSECUTIVELY for a minimum of 12 months. If you have not lived together consecutively for 12 months during your 10 year relationship prior to February 2017, then you need to wait until you have reached 365 days from the date you started living together in February 2017 before you submit your application. As to the statutory declaration for common-law union, you can sign that anytime after you reach the 365 days or after of living together consecutively.

My partner and I became officially common-law in the eyes of IRCC in 2012-2013 when we lived together for just over 1 year as he was here on a working holiday visa. However, we did not apply under common law status until January 2017 (it's a long story why we applied this much time later). We did sign a statutory declaration for common-law status in August of 2016 when we thought we were going to make an application in the fall of 2016. Under the old application, before December 7, 2016, I think this document was required. We didn't end up submitting our app until Jan 2017 with the new app and we saw that it was not required anymore (unless the rules have changed recently). However, we decided to submit that document anyways and we actually ended up doing a new document dated two weeks before we submitted our app as we were afraid that the one in August was not recent enough. We however wrote the same dates we became common law on both declarations. My understanding (when we asked the notary public who notarized our document) is that it is not like a marriage licence where they file the document with a provincial government body and it is registered. This declaration is more for immigration purposes. If you have not submitted it to IRCC before, they won't know about the previous document you signed. Only you and the notary or lawyer who witnessed and stamped the declaration will have a record of it. I really doubt that IRCC will go to the lawyer/notary who witnessed your signing and ask for copies of old declarations you signed. So in my opinion I don't think you need to submit the old document and therefore also a letter to explain the wrong dates. Just get a new one with the right dates on it and include that in your application. I would send the DNA test results for your partner to prove paternity also.

If anyone else has another opinion, let us know!

 

[scylla]

Did you already apply for PR? Or are you still waiting to apply?

If you are still waiting to apply, there's no problem. Wait until you are common law in Feb - then sign a new common law declaration and apply for PR.

If you have already applied, the application is going to be refused. You must be common law at the time you submit your application. Resigning the declaration will not help.

 

[Miraclejj]

Hello,

I have been reading this site for a while and just decided to post because I'm at lost with our application. Any advice is much appreciate it, thank you! it can get lengthy sorry...

I am starting to prepare for an outland app. I arrived in Canada in feb 2017 with a visitor visa. I have been living with my partner ( who is a PR) since then, we have been off and on of the relationship for around 10 years but have been committed to each other definitely and without breaking up since may 2015 although we started to live together until February last year. We have a daughter together who is 4yo and was born out side Canada. Me and my partner were not together at the time of the birth, so his name is not on the birth certificate but they share the same last name. I extended my visitor record on October 31 and we decided to sign a common law statutory declaration to show immigration but we weren't very informed and dated the common law declaration as may 2015 the date where decided to commit to each others life. Now by reading this forum I realized we might did wrong since we are consider common law once we have lived together for year. My questions are: can we sign another common law declaration with the correct dates ( and write a letter to immigration to explain our confusion) and will that dates be February 2018 since we are now officially common law? And can we send a DNA test to prove my partner is the biological father of my daughter since we can not use the birth certificate because he is not on it? if anyone read through here THANK YOU SO MUCH

Another important question will be when your partner obtained his PR, before your daughter was born or after? That would have some impacts on if your daughter can be sponsored or not. If he obtained his PR, after your daughter was born, then he had to list/add/claim your daughter on his application, and your daughter needed to pass the medical examination, otherwise, he can never sponsor her and it could risk his own PR status to be revoked. If your daughter was born, after he obtained his PR, then you and your daughter should be fine.

 

[Buletruck]

If he obtained his PR, after your daughter was born, then he had to list/add/claim your daughter on his application, and your daughter needed to pass the medical examination, otherwise, he can never sponsor her and it could risk his own PR status to be revoked.

Not saying this isn't a possibility, but as he isn't listed as the father, I can't see that happening.

 

[Miraclejj]

Not saying this isn't a possibility, but as he isn't listed as the father, I can't see that happening.

The extreme case I saw from an appeal case is that a father truly didn't know his kid was exist, and appeal was allowed, but it would require solid evidences to prove it. Otherwise, his name on or not on the birth certificate is irrelevant, and a simple explanation as "I don't know" won't fly with CIC.

 

[corazonnomada]

You do not actually have to submit a declaration of common-law union anymore (I believe this is the case at least when we submitted our application). Yes, it does provide stronger evidence that you are committed to each other.

Your start date of your common-law relationship is that date when you first started living together CONSECUTIVELY for a minimum of 12 months. If you have not lived together consecutively for 12 months during your 10 year relationship prior to February 2017, then you need to wait until you have reached 365 days from the date you started living together in February 2017 before you submit your application. As to the statutory declaration for common-law union, you can sign that anytime after you reach the 365 days or after of living together consecutively.

My partner and I became officially common-law in the eyes of IRCC in 2012-2013 when we lived together for just over 1 year as he was here on a working holiday visa. However, we did not apply under common law status until January 2017 (it's a long story why we applied this much time later). We did sign a statutory declaration for common-law status in August of 2016 when we thought we were going to make an application in the fall of 2016. Under the old application, before December 7, 2016, I think this document was required. We didn't end up submitting our app until Jan 2017 with the new app and we saw that it was not required anymore (unless the rules have changed recently). However, we decided to submit that document anyways and we actually ended up doing a new document dated two weeks before we submitted our app as we were afraid that the one in August was not recent enough. We however wrote the same dates we became common law on both declarations. My understanding (when we asked the notary public who notarized our document) is that it is not like a marriage licence where they file the document with a provincial government body and it is registered. This declaration is more for immigration purposes. If you have not submitted it to IRCC before, they won't know about the previous document you signed. Only you and the notary or lawyer who witnessed and stamped the declaration will have a record of it. I really doubt that IRCC will go to the lawyer/notary who witnessed your signing and ask for copies of old declarations you signed. So in my opinion I don't think you need to submit the old document and therefore also a letter to explain the wrong dates. Just get a new one with the right dates on it and include that in your application. I would send the DNA test results for your partner to prove paternity also.

If anyone else has another opinion, let us know!

Thank you so much for answering! My problem is that i DID send it to IRCC when i apply to extend my visitor record. I will submit my app after February but i am worry because with my client id number they can see this common law declaration and now i know it has the wrong dates

 

[corazonnomada]

Did you already apply for PR? Or are you still waiting to apply?

If you are still waiting to apply, there's no problem. Wait until you are common law in Feb - then sign a new common law declaration and apply for PR.

If you have already applied, the application is going to be refused. You must be common law at the time you submit your application. Resigning the declaration will not help.

Thank you! No, i havent apply yet. i will after febraury. My concern is that i send them a common law declaration with the app to extend my stay and now i realized we put the wrong dates.

 

[corazonnomada]

The extreme case I saw from an appeal case is that a father truly didn't know his kid was exist, and appeal was allowed, but it would require solid evidences to prove it. Otherwise, his name on or not on the birth certificate is irrelevant, and a simple explanation as "I don't know" won't fly with CIC.

Thank you! he got his PR one year and a half before our daughter was born. We werent even together when he became a PR. So we should be good right?

 

[Miraclejj]

Thank you! he got his PR one year and a half before our daughter was born. We werent even together when he became a PR. So we should be good right?

Yes, in this case, you and your daughter is fine.

 

[Rob_TO]

Hello,

I have been reading this site for a while and just decided to post because I'm at lost with our application. Any advice is much appreciate it, thank you! it can get lengthy sorry...

I am starting to prepare for an outland app. I arrived in Canada in feb 2017 with a visitor visa. I have been living with my partner ( who is a PR) since then, we have been off and on of the relationship for around 10 years but have been committed to each other definitely and without breaking up since may 2015 although we started to live together until February last year. We have a daughter together who is 4yo and was born out side Canada. Me and my partner were not together at the time of the birth, so his name is not on the birth certificate but they share the same last name. I extended my visitor record on October 31 and we decided to sign a common law statutory declaration to show immigration but we weren't very informed and dated the common law declaration as may 2015 the date where decided to commit to each others life. Now by reading this forum I realized we might did wrong since we are consider common law once we have lived together for year. My questions are: can we sign another common law declaration with the correct dates ( and write a letter to immigration to explain our confusion) and will that dates be February 2018 since we are now officially common law? And can we send a DNA test to prove my partner is the biological father of my daughter since we can not use the birth certificate because he is not on it? if anyone read through here THANK YOU SO MUCH

You should destroy your current common-law declaration, since it is not valid as you were not actually common-law when it was signed. So if you really want, you can make a new one only after you have completed 12 months of cohabitation. As mentioned though, it's not really required for PR app (not sure if it's required for OWP app if you apply inland).

You can just include a letter of explanation in your future PR app, that you mistakenly listed your relationship as common-law when you applied for visitor, when it should have been single. As this has pretty much zero impact to anything, it shouldn't be a problem. But better you mention it upfront rather than a visa officer finding it on their own and thinking you're trying to hide something.

On a side note, since you have a child in common and are living together you are already legally common-law for CRA tax purposes only (immigration and taxes have different rules). A couple with a child together becomes common-law immediately once they start living together. So hopefully your partner changed his tax status with CRA to common-law as of Feb 2017. And when he files 2017 taxes shortly, it must be as common-law. Since you are living in Canada with him, he can claim you as a common-law partner for extra tax credit.

 

[corazonnomada]

You should destroy your current common-law declaration, since it is not valid as you were not actually common-law when it was signed. So if you really want, you can make a new one only after you have completed 12 months of cohabitation. As mentioned though, it's not really required for PR app (not sure if it's required for OWP app if you apply inland).

You can just include a letter of explanation in your future PR app, that you mistakenly listed your relationship as common-law when you applied for visitor, when it should have been single. As this has pretty much zero impact to anything, it shouldn't be a problem. But better you mention it upfront rather than a visa officer finding it on their own and thinking you're trying to hide something.

On a side note, since you have a child in common and are living together you are already legally common-law for CRA tax purposes only (immigration and taxes have different rules). A couple with a child together becomes common-law immediately once they start living together. So hopefully your partner changed his tax status with CRA to common-law as of Feb 2017. And when he files 2017 taxes shortly, it must be as common-law. Since you are living in Canada with him, he can claim you as a common-law partner for extra tax credit.

Thank you so much for your response. I understand better now and plan to write a letter explaining the mistake. We will apply outland just in case we need to leave Canada. My partner recently contacted CRA to change his status for common law as feb 2017, thank you! I have another issue with the extension of visitor record, if you have time could you please advice me on this? i have been reading a lot lately and i am worry they might refuse my extension since my passport was about to expire when a submit the app. I wrote a letter explaining why i couldn't renew it before and i am still waiting for a new passport as of today. Does anyone has an idea what happens if they refuse it? i wont have the 90 days period to restore my status since it expired on oct 31. they will probably make us leave Canada right? can i send my outland application before i leave? what are the chances of approval if i apply for a new visitor visa from my country mentioning my common law sponsorship? I am getting a lot a anxiety this days. please any advice is much appreciated

 

[corazonnomada]

Anyone has an advice on this please? ----->>>> have been reading a lot lately and i am worry they might refuse my extension since my passport was about to expire when i submit the app. I wrote a letter explaining why i couldn't renew it before and i am still waiting for a new passport as of today. Does anyone has an idea what happens if they refuse it? i wont have the 90 days period to restore my status since my status expired on oct 31. they will probably make us leave Canada right? can i send my outland application before i leave? what are the chances of approval if i apply for a new visitor visa from my country mentioning my common law sponsorship? I am getting a lot a anxiety this days. please any advice is much appreciated

 

[Miraclejj]

Anyone has an advice on this please? ----->>>> have been reading a lot lately and i am worry they might refuse my extension since my passport was about to expire when i submit the app. I wrote a letter explaining why i couldn't renew it before and i am still waiting for a new passport as of today. Does anyone has an idea what happens if they refuse it? i wont have the 90 days period to restore my status since my status expired on oct 31. they will probably make us leave Canada right? can i send my outland application before i leave? what are the chances of approval if i apply for a new visitor visa from my country mentioning my common law sponsorship? I am getting a lot a anxiety this days. please any advice is much appreciated

The 90 days will start ticking from the date that your extension refusal.

 

[corazonnomada]

Hello guys,

My visitor extension was denied today. I was expecting that because my passport expired a couple of weeks after I submitted my application. The letter said I have to leave Canada immediately. is it possible to appeal this? Anybody has experience with something like those? I have no where to go with my daughter if I leave Canada, I’m not exaggerating