Sponsorship after Express Entry Refusal

[alica90]

Hey Guys,

My Express Entry application recently was refused due to a NOC issue. Now I’m planning to apply for sponsorship with my Canadian fiancé because I heard that it’s safer to go that way.
We’ve been living together for almost 2 years. I didn’t include/mention him in my Express Entry application as common law partner though since I wouldn’t have got points for it. Is this considered misrepresentation and could be an issue?
Thank you very much for your help!

 

[21Goose]

Yes, you committed misrepresentation. Yes, this can be a major issue and you can be banned from Canada for five years.

 

[strawy96]

Yes, you committed misrepresentation. Yes, this can be a major issue and you can be banned from Canada for five years.

True...

You cannot just claim him as a common law partner now considering the fact that you never indicated it before. Why don't you reenter the pool?

 

[alica90]

Thank you for the info! But are you automatically common law just because you live together for over a year? I heard that there is more to it than just that.
My immigration consultant said it’s easier to do a common law sponsorship than express entry. Also I’d like not to be bound to my current job anymore.

 

[Fahadkazmi]

Thank you for the info! But are you automatically common law just because you live together for over a year? I heard that there is more to it than just that.
My immigration consultant said it’s easier to do a common law sponsorship than express entry. Also I’d like not to be bound to my current job anymore.

True, you need certain documents to qualify a person as your common LAW partner, simply living with him and engaged doesn't make them one.
Just find out what documents you need for that and apply

 

[ContactFront]

True, you need certain documents to qualify a person as your common LAW partner, simply living with him and engaged doesn't make them one.
Just find out what documents you need for that and apply

You become common law once you've been living together with your partner continuously for one year. Simple as that.

OP could get himself/herself into a whole lot trouble since he/she failed to declare the relationship

 

[21Goose]

True, you need certain documents to qualify a person as your common LAW partner, simply living with him and engaged doesn't make them one.
Just find out what documents you need for that and apply

This is absolutely not true. If you live with someone in a marriage-like relationship for one year, you are common-law. It's as simple as that.

 

[Fahadkazmi]

You become common law once you've been living together with your partner continuously for one year. Simple as that.

OP could get himself/herself into a whole lot trouble since he/she failed to declare the relationship

Oh I see. Thanks for that
Even if its not documented anywhere??

 

[21Goose]

Thank you for the info! But are you automatically common law just because you live together for over a year? I heard that there is more to it than just that.
My immigration consultant said it’s easier to do a common law sponsorship than express entry. Also I’d like not to be bound to my current job anymore.

This is the definition of Common-Law for the purposes of Canadian Immigration.

https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-1.html

common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

This is the definition that applies. You were common-law, and you committed misrepresentation.

 

[21Goose]

Oh I see. Thanks for that
Even if its not documented anywhere??

Yes. Even if it's not documented. You are still committing misrepresentation and it is quite easy to catch someone, especially if they are now saying that there are common-law. IRCC will look at her previous Express Entry application that makes zero mention of the partner, and will know that either she was lying then (by not telling IRCC about common-law status), or is lying now (by pretending to be common-law).

Either way, it's misrepresentation.

OP needs to go talk to a good immigration lawyer. Don't talk to immigration consultants who are giving you bad advice. They aren't the ones that will get banned for five years.. you will.

 

[Fahadkazmi]

Yes. Even if it's not documented. You are still committing misrepresentation and it is quite easy to catch someone, especially if they are now saying that there are common-law. IRCC will look at her previous Express Entry application that makes zero mention of the partner, and will know that either she was lying then (by not telling IRCC about common-law status), or is lying now (by pretending to be common-law).

Either way, it's misrepresentation.

OP needs to go talk to a good immigration lawyer. Don't talk to immigration consultants who are giving you bad advice. They aren't the ones that will get banned for five years.. you will.

Thanks for the information!!

 

[ItheLord]

what if the OP gets married to the partner. She can avoid all of that no?

 

[21Goose]

what if the OP gets married to the partner. She can avoid all of that no?

No. It's still misrepresentation.

For the purposes of immigration there is practically no difference between a spouse and a common-law partner. They are treated exactly the same way.

 

[canuck_in_uk]

Hey Guys,

My Express Entry application recently was refused due to a NOC issue. Now I’m planning to apply for sponsorship with my Canadian fiancé because I heard that it’s safer to go that way.
We’ve been living together for almost 2 years. I didn’t include/mention him in my Express Entry application as common law partner though since I wouldn’t have got points for it. Is this considered misrepresentation and could be an issue?
Thank you very much for your help!

Yes, it was misrepresentation. However, as the declaration of your Canadian partner wouldn't have had any impact on the decision of your PR app, IRCC is not likely to have issue with it. When you apply for sponsorship, include a letter of explanation that you misunderstood about including him in the EE app because he is already Canadian.

 

[alica90]

Ok. Thank you very much for the info ever

Yes, it was misrepresentation. However, as the declaration of your Canadian partner wouldn't have had any impact on the decision of your PR app, IRCC is not likely to have issue with it. When you apply for sponsorship, include a letter of explanation that you misunderstood about including him in the EE app because he is already Canadian.

That gives me some hope. Thank you!! I think a good LOE should clarify it. I mean I didn’t get any advantage from not mentioning it. At least I hope they will understand!
Thank you everyone for your thoughts!