Applying as Common-Law or Single?

[Durial321]

Hello everyone! Good morning!


First and foremost thank you very much for your time.


I am currently engaged but not sure how to apply for the EE application.


We are getting married mid November but I wanted to apply ASAP. I will have my language test and education diplomas certified in about late August.


We have been living together since late December 2017 and co-own the house we live in. (We are both in the property title).


Should I apply as single, and later update to married. Or should I apply as common-law from the get go and then update it to married.


We have about an 462 score together. While I get an 480 as single.


Thank you!

 

[zardoz]

Hello everyone! Good morning!


First and foremost thank you very much for your time.


I am currently engaged but not sure how to apply for the EE application.


We are getting married mid November but I wanted to apply ASAP. I will have my language test and education diplomas certified in about late August.


We have been living together since late December 2017 and co-own the house we live in. (We are both in the property title).


Should I apply as single, and later update to married. Or should I apply as common-law from the get go and then update it to married.


We have about an 462 score together. While I get an 480 as single.


Thank you!

You are not common-law unless you have physically cohabited for a continuous 12 month period. Engaged does not equate to common-law.
If you are, in fact, common-law partners according to the IRCC definition, you can't apply as single anyway.

http://www.cic.gc.ca/english/helpcentre/glossary.asp#c

Common-law partner

Related term:
Common-law spouse

A person who has been living with another person in a conjugal relationship for at least one year. The term refers to opposite-sex and same-sex relationships.

See the legal definition of common-law partner.

 

[Jacko007]

If you are, in fact, common-law partners according to the IRCC definition, you can't apply as single anyway.

Yes, he cannot. Because the govt of Canada knows, that Jon Doe from Vietnam lives in the bunga-bunga village with his girlfriend!

 

[Durial321]

We have lived together for the best part of 3 years but have little proof of this time as everythhing was in my name before we bought a house.

Edit: My main goal is getting her to come with me in landing (fingers crossed) with minimal delay regarding changing my status to married.

 

[scylla]

Yes, he cannot. Because the govt of Canada knows, that Jon Doe from Vietnam lives in the bunga-bunga village with his girlfriend!

You're missing a number of key points. The OP clearly wants to bring his girlfriend to Canada. He therefore MUST include her as a common law partner now. If he said he was single and didn't declare his girlfriend as his common law partner - then he would never be able to sponsor her in the future (failing to declare a partner means you can never sponsor them in the future). If he immigrates as a single person and then later married and tries to sponsor his girlfriend, it would be pretty clear from background checks / security checks / etc. that they have shared an address for over a year before he immigrated.

I understand it might seem to you like the government of Canada will never find out. Unfortunately that's not at all the case. We see stories all of the time on this forum where spousal sponsorship is denied because the sponsor failed to declare that individual as a common law partner when they landed.

 

[zardoz]

We have lived together for the best part of 3 years but have little proof of this time as everythhing was in my name before we bought a house.

Edit: My main goal is getting her to come with me in landing (fingers crossed) with minimal delay regarding changing my status to married.

Then you must apply as common-law and later update your application to married. Failure to do this correctly could result in being caught in the IRPR 117(9)(d) trap and/or a finding of "misrepresentation" You will just have to gather all the evidence that you can to support the common-law declaration. Do not be tempted to apply as "single". As per @scylla, IRCC is very good at working out the truth, even when applicants have gone to great lengths to hide it. They use far more information than is supplied by the applicant when investigating.

 

[Durial321]

Then you must apply as common-law and later update your application to married. Failure to do this correctly could result in being caught in the IRPR 117(9)(d) trap and/or a finding of "misrepresentation" You will just have to gather all the evidence that you can to support the common-law declaration. Do not be tempted to apply as "single". As per @scylla, IRCC is very good at working out the truth, even when applicants have gone to great lengths to hide it. They use far more information than is supplied by the applicant when investigating.

I understand what you are saying and agree 100%.

The thing is, it doesn’t matter if I apply as Single or Common-Law, I would have to change my status to Married in november. Which is probable before my ITA or maybe just after.



So I was wondering which route would have less delays or problems when it comes time to change status.


Also, thank you so much to everyone who takes the time to answer. We really appreciate it.

 

[Jacko007]

You're missing a number of key points. The OP clearly wants to bring his girlfriend to Canada. He therefore MUST include her as a common law partner now. If he said he was single and didn't declare his girlfriend as his common law partner - then he would never be able to sponsor her in the future (failing to declare a partner means you can never sponsor them in the future). If he immigrates as a single person and then later married and tries to sponsor his girlfriend, it would be pretty clear from background checks / security checks / etc. that they have shared an address for over a year before he immigrated.

I understand it might seem to you like the government of Canada will never find out. Unfortunately that's not at all the case. We see stories all of the time on this forum where spousal sponsorship is denied because the sponsor failed to declare that individual as a common law partner when they landed.

Please read carefully zordoz's response. He says that he OP does not have a choice and he cannot apply as single. Yes, he can. The fact whether he wants to bring his girlfriend or not is irrelevant, as he can still apply as single, or not-single. It's the OP's choice and saying by others that "he can't apply as single" does not leave any choice. It's called first order logic.

 

[Durial321]

Please read carefully zordoz's response. He says that he OP does not have a choice and he cannot apply as single. Yes, he can. The fact whether he wants to bring his girlfriend or not is irrelevant, as he can still apply as single, or not-single. It's the OP's choice and saying by others that "he can't apply as single" does not leave any choice. It's called first order logic.

Now that we’ve established that we do have a choice. Which one is the best ?

 

[canuck_in_uk]

I understand what you are saying and agree 100%.

The thing is, it doesn’t matter if I apply as Single or Common-Law, I would have to change my status to Married in november. Which is probable before my ITA or maybe just after.



So I was wondering which route would have less delays or problems when it comes time to change status.


Also, thank you so much to everyone who takes the time to answer. We really appreciate it.

You are legally required to apply as common-law, regardless of your marriage plans. That's it, no choice unless you want to commit misrepresentation.

 

[Zuhraz]

Hi,
I have a question i am permanent resident for almost 1 year 3 three months my comon low want to came in canada as a skill worker so if he mention to his application that my comon low is in canada is good for his application for taking visa? Or no