Didnt include common law status at the time of PR application

[Sammy3]

Hello,

I made a mistake while submitting my PR application. When I submitted my PR application in April 2019 I mentioned my marital status as Single. I am living with my partner since Sept 2017. I was under the impression that common law is considered after 2 years living together (my bad I admit the mistake).
Now fast forward my partner is going to apply for PR in a month and now we realized IRCC considers 1 year of cohabitation as common law. My partner is applying for PR independently (Not sponsored by me or anything) and I will be added as common law in her application. Will there be any issue that I didn't mention about common law when I applied.
We both moved to a new place in Jun 2018 so I was thinking will it be ok if she put June 2018 that as the date we started living together instead of Sept 2017? our personal history will show same address for both of us from Sept 2017. Will IRCC consider we were friends staying at same address before and officially became common law from June 2018?

I am just worried IRCC will think I misrepresented even though it was a honest mistake. Any help to guide here will be appreciated.

Thanks.

 

[k.h.p.]

You can't put June 2018 as the start of the living together if your addresses were the same in 2017.

 

[Sammy3]

You can't put June 2018 as the start of the living together if your addresses were the same in 2017.

So what will be the best course of action for us? will this be an issue when she applies?

 

[Wolfpmd3]

I am not sure if they will found this out.

If you have already applied for PR why would she list you as a common-law partner in her application? Did you get your application refused?
If not, she might as well just apply as single.

I don't think it's a big issue not to have disclosed a common-law relationship since you still need to prove it and in some instances it might be impossible to do so. However, I think that to avoid any issues you should both be consistent with your claims.

 

[Sammy3]

I am not sure if they will found this out.

If you have already applied for PR why would she list you as a common-law partner in her application? Did you get your application refused?
If not, she might as well just apply as single.

I don't think it's a big issue not to have disclosed a common-law relationship since you still need to prove it and in some instances it might be impossible to do so. However, I think that to avoid any issues you should both be consistent with your claims.

I got my PR approved in Sept 2019. She is filing for her PR now. we both were in work visa prior to this. I am just worried IRCC will make an issue if she puts single again since I already made a mistake before.
She is applying for her PR separate. its not sponsored by me.

 

[k.h.p.]

I am not sure if they will found this out.

If you have already applied for PR why would she list you as a common-law partner in her application? Did you get your application refused?
If not, she might as well just apply as single.

I don't think it's a big issue not to have disclosed a common-law relationship since you still need to prove it and in some instances it might be impossible to do so. However, I think that to avoid any issues you should both be consistent with your claims.

They will find you since you have to list previous addresses, unless you lie and state that you lived at a different address.

 

[Sammy3]

They will find you since you have to list previous addresses, unless you lie and state that you lived at a different address.

Yes thats where I am concerned since they ask for all history. Will it be ok if we say we were only friends living at same address from Sept 2017 to June 2018 and we started living as a couple from June 2018?.

 

[k.h.p.]

That's lying, though. You're asking me to tell you how to lie on an application.

 

[Garry21]

Yes thats where I am concerned since they ask for all history. Will it be ok if we say we were only friends living at same address from Sept 2017 to June 2018 and we started living as a couple from June 2018?.

Did you have joint account, any joint bills anything joint when did you currently joined affairs?

 

[Wolfpmd3]

I got my PR approved in Sept 2019. She is filing for her PR now. we both were in work visa prior to this. I am just worried IRCC will make an issue if she puts single again since I already made a mistake before.
She is applying for her PR separate. its not sponsored by me.

How would they know? You are already a PR so honestly don't think there's any need for you to prove your common law relationship, there is no way for them to know unless you tell them.

However, since your application was already finalized and you are a PR already, going with common-law as opposed to single will not make a difference for her nor could she be accused of misrepresentation for not claiming to be in a common-law relationship.

Common-law is a de facto relationship (which therefore needs to be proven, and exists as long as you can prove it, nor you are obliged to do so)
Marriage is a de jure relationship, meaning that it has been stablished by law.

Also, changes in marital status from single to married, married to divorced are certainly required to be informed to IRCC, there is no mention from single to common-law. (since you need to be able/willing to prove it to stablish it)

I hope this al helps and provides some clarification.

See this too:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

 

[Sammy3]

Did you have joint account, any joint bills anything joint when did you currently joined affairs?

We dont have any joint bank accounts. From Sept 2017 to June 2018 our both name were under the rental agreement for the place. from June 2018 its a new rental agreement with both of our name. Utilities are mixed like hydro her name wifi mine etc.

 

[k.h.p.]

How would they know? You are already a PR so honestly don't think there's any need for you to prove your common law relationship, there is no way for them to know unless you tell them.

However, since your application was already finalized and you are a PR already, going with common-law as opposed to single will not make a difference for her nor could she be accused of misrepresentation for not claiming to be in a common-law relationship.

Common-law is a de facto relationship (which therefore needs to be proven, and exists as long as you can prove it, nor you are obliged to do so)
Marriage is a de jure relationship, meaning that it has been stablished by law.

Also, changes in marital status from single to married, married to divorced are certainly required to be informed to IRCC, there is no mention from single to common-law. (since you need to be able/willing to prove it to stablish it)

I hope this al helps and provides some clarification.

See this too:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

They will determine that the common-law relationship began before the first person applied by reviewing the address history of both people, since they will now be listed as common-law.

This may be an issue because the second person would have needed to have been medically and criminally examined as part of the first person's PR application. They were not. Technically this makes the person ineligible to be sponsored - now, I know they're not being sponsored, so that's moot.

However - you ask "how would they know?" They would know by reviewing address history.

Unless the second person lies on their address history - and when the relationship started - they will know that the common-law relationship began before the first person became a PR and that they should have been declared.

Had the first person's PR been dependent on points and had their points decreased with the inclusion of a common-law spouse, then there may an issue.

 

[Sammy3]

That's lying, though. You're asking me to tell you how to lie on an application.

I am just trying to understand how IRCC considers common law relationship. I do want to do things the right way, this just happened unfortunately due to lack of knowledge. What would you recommend at this point?

 

[Garry21]

They will determine that the common-law relationship began before the first person applied by reviewing the address history of both people, since they will now be listed as common-law.

This may be an issue because the second person would have needed to have been medically and criminally examined as part of the first person's PR application. They were not. Technically this makes the person ineligible to be sponsored - now, I know they're not being sponsored, so that's moot.

However - you ask "how would they know?" They would know by reviewing address history.

Unless the second person lies on their address history - and when the relationship started - they will know that the common-law relationship began before the first person became a PR and that they should have been declared.

Had the first person's PR been dependent on points and had their points decreased with the inclusion of a common-law spouse, then there may an issue.

What about if they lived as friends before and later became common law? If their relationship started after he submitted pr application? What about address history people cannot live roommates on same address?

 

[Sammy3]

How would they know? You are already a PR so honestly don't think there's any need for you to prove your common law relationship, there is no way for them to know unless you tell them.

However, since your application was already finalized and you are a PR already, going with common-law as opposed to single will not make a difference for her nor could she be accused of misrepresentation for not claiming to be in a common-law relationship.

Common-law is a de facto relationship (which therefore needs to be proven, and exists as long as you can prove it, nor you are obliged to do so)
Marriage is a de jure relationship, meaning that it has been stablished by law.

Also, changes in marital status from single to married, married to divorced are certainly required to be informed to IRCC, there is no mention from single to common-law. (since you need to be able/willing to prove it to stablish it)

I hope this al helps and provides some clarification.

See this too:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

Yes you are right including me in her application doesn't make any difference to her points. But I am just worried if there is any issue in future if we dont declare since we are living together in a relationship.
My partner was already in Canada on a work visa when I was applying so it wouldnt have affected my points if I added her at that time as well since I wont be sponsoring her.
Just confused what to do at this point.