Undeclared Common-Law

[throwawayPRCL]

Good morning everyone,

Let me start off by saying I have a consultation with an immigration lawyer tomorrow, but I've used this site in the past for research and wanted to get the educated opinion of its users. My girlfriend and I began living together in September 2017. My Express Entry and PR applications went in, in December 2018 and January 2019 respectively. While doing my preliminary research (and for tax purposes earlier that year), I had found that, to be considered common-law in Ontario, a couple would need to be living together for 3 years. As a result, during my application I did not declare my girlfriend as my common-law partner, nor did I when I landed. I was awarded my PR in July 2019 and got my card later that month. My now fiance, is beginning the Express Entry/Skilled Worker application process now and we had an immigration consultation where we discovered that misrepresentation occurred when I didn't declare her as common-law for the IRCC is only 12 months.

The predicament is now that my fiance needs to get her application in ASAP, as her work permit and visa expire soon. In her application she will need to list me as her common law partner as well so as to not misrepresent. I realize that my PR status is in significant jeopardy or being revoked and, having discovered this, would like to be as pro-active as possible in showing that there was no purposeful misrepresentation and no malicious nor fraudulent intent. I know in these cases, the intent/honest mistake is often disregarded as a defense as it was my responsibility to ensure that my application was correct.

What are my options, if any?

 

[k.h.p.]

Talk to your lawyer is your best option.

Aside from that, a letter of explanation detailing how while researching your application requirements for an IRCC process you didn't research IRCCs definition of common law and settled for Ontario's. Proof of Ontario's definitions may assist along with reasons why you didn't verify IRCC's definitions, like you've said above. You don't want IRCC to find out and ask you, you need to tell them.

 

[throwawayPRCL]

Thank you for the response K.H.P.! Do you know how I would submit this Letter of Explanation? My applications on the IRCC website are all already submitted and closed. I'm still going to talk to the lawyer but I'd like to explore all my options.

 

[zardoz]

Thank you for the response K.H.P.! Do you know how I would submit this Letter of Explanation? My applications on the IRCC website are all already submitted and closed. I'm still going to talk to the lawyer but I'd like to explore all my options.

Realistically, only if your common-law partner is found to be inadmissible will there be a risk to your PR status, as that would have made you inadmissible as well.

Because you are not attempting to sponsor, as part of the Family Class, there are no IRPR 117(9)(d) implications.

 

[k.h.p.]

Realistically, only if your common-law partner is found to be inadmissible will there be a risk to your PR status, as that would have made you inadmissible as well.

Because you are not attempting to sponsor, as part of the Family Class, there are no IRPR 117(9)(d) implications.

True.

 

[throwawayPRCL]

So, given what Zardoz said, bottom line, what do you recommend doing? The letter?

 

[zardoz]

So, given what Zardoz said, bottom line, what do you recommend doing? The letter?

Go with whatever your lawyer says. They are the professional, and we are mere experienced amateurs.

 

[canuck_in_uk]

Good morning everyone,

Let me start off by saying I have a consultation with an immigration lawyer tomorrow, but I've used this site in the past for research and wanted to get the educated opinion of its users. My girlfriend and I began living together in September 2017. My Express Entry and PR applications went in, in December 2018 and January 2019 respectively. While doing my preliminary research (and for tax purposes earlier that year), I had found that, to be considered common-law in Ontario, a couple would need to be living together for 3 years. As a result, during my application I did not declare my girlfriend as my common-law partner, nor did I when I landed. I was awarded my PR in July 2019 and got my card later that month. My now fiance, is beginning the Express Entry/Skilled Worker application process now and we had an immigration consultation where we discovered that misrepresentation occurred when I didn't declare her as common-law for the IRCC is only 12 months.

The predicament is now that my fiance needs to get her application in ASAP, as her work permit and visa expire soon. In her application she will need to list me as her common law partner as well so as to not misrepresent. I realize that my PR status is in significant jeopardy or being revoked and, having discovered this, would like to be as pro-active as possible in showing that there was no purposeful misrepresentation and no malicious nor fraudulent intent. I know in these cases, the intent/honest mistake is often disregarded as a defense as it was my responsibility to ensure that my application was correct.

What are my options, if any?

See what the lawyer says but on the off chance that the VO notices something off in her app about it and they pull up your app to compare and send you a letter or something, you should respond. However, that is not likely to happen, so I wouldn't bother to send anything at this point.

Also note that for CRA, you were considered common-law as of Sept 2018. You both need to correct that and if either of you have recieved any bebenfits/credits, they will be recalculated back that date and you may owe money.

 

[kanoon22]

See what the lawyer says but on the off chance that the VO notices something off in her app about it and they pull up your app to compare and send you a letter or something, you should respond. However, that is not likely to happen, so I wouldn't bother to send anything at this point.

Also note that for CRA, you were considered common-law as of Sept 2018. You both need to correct that and if either of you have recieved any bebenfits/credits, they will be recalculated back that date and you may owe money.

Hi @@canuck_in_uk , Can you please advise, I am in a similar situation.
I am living with my girlfriend from April 2016, however in pgwp application I and my common law declared ourselves as single as we were not aware of the concept. Now we are planning to apply for pr and we are afraid that if we declare now, it can be considered as misrepresentation that we did not declare common law on pgwp application. I will greatly appreciate your input as to what I should do.

Thank you so much

 

[k.h.p.]

Misrepresentation requires that the fact that was concealed or misrepresented be of a nature to change a visa officer's decision. That you were unknowingly common-law when applying for your PGWP would not likely have changed the visa officer's decision. If you apply for PR, you must include a letter of explanation saying why you didn't know you were common law and properly declare as common law.

To do otherwise - like you had suggested - and state you were single in your PR application, while planning to marry your girlfriend soon, would be misrepresentation of a severe degree.

 

[Edric13]

Misrepresentation requires that the fact that was concealed or misrepresented be of a nature to change a visa officer's decision. That you were unknowingly common-law when applying for your PGWP would not likely have changed the visa officer's decision. If you apply for PR, you must include a letter of explanation saying why you didn't know you were common law and properly declare as common law.

To do otherwise - like you had suggested - and state you were single in your PR application, while planning to marry your girlfriend soon, would be misrepresentation of a severe degree.

Hi there, me and my partner are on a similar boat where we filed out PR separately as singles, unknowingly we are in common law relationship. Hers ended up getting approved while mine got rejected because my employer's did not provide enough details on letter. What should i do now?

 

[Edric13]

Good morning everyone,

Let me start off by saying I have a consultation with an immigration lawyer tomorrow, but I've used this site in the past for research and wanted to get the educated opinion of its users. My girlfriend and I began living together in September 2017. My Express Entry and PR applications went in, in December 2018 and January 2019 respectively. While doing my preliminary research (and for tax purposes earlier that year), I had found that, to be considered common-law in Ontario, a couple would need to be living together for 3 years. As a result, during my application I did not declare my girlfriend as my common-law partner, nor did I when I landed. I was awarded my PR in July 2019 and got my card later that month. My now fiance, is beginning the Express Entry/Skilled Worker application process now and we had an immigration consultation where we discovered that misrepresentation occurred when I didn't declare her as common-law for the IRCC is only 12 months.

The predicament is now that my fiance needs to get her application in ASAP, as her work permit and visa expire soon. In her application she will need to list me as her common law partner as well so as to not misrepresent. I realize that my PR status is in significant jeopardy or being revoked and, having discovered this, would like to be as pro-active as possible in showing that there was no purposeful misrepresentation and no malicious nor fraudulent intent. I know in these cases, the intent/honest mistake is often disregarded as a defense as it was my responsibility to ensure that my application was correct.

What are my options, if any?

what did you end up doing?

 

[kg2301]

Hi there, me and my partner are on a similar boat where we filed out PR separately as singles, unknowingly we are in common law relationship. Hers ended up getting approved while mine got rejected because my employer's did not provide enough details on letter. What should i do now?

hi what did you do? im on same situation. pls help