Spousal sponsorship

[Gaurav0725]

What date did you sign all of your forms and send your app? What date did you put in the app for when you became common-law?

I sent application on 26 march 2020 they received 31st march . And date i signed is I believe 18-march-2020
And as per my lawyer we put the date we moved in that is October 3rd 2018 but cause our lease was signed on October 21st,2018 so from that day i can prove !!

 

[OverIt]

I sent application on 26 march 2020 they received 31st march . And date i signed is I believe 18-march-2020
And as per my lawyer we put the date we moved in that is October 3rd 2018 but cause our lease was signed on October 21st,2018 so from that day i can prove !!

It doesn’t matter what date you signed your application. What matters is the date it was RECEIVED.

As I said before, your gf didn’t need to declare you. You weren’t common law when she applied for PR.

Also, if you were out of status before applying for visitor extension, you probably needed to restore your status first before applying for the extension.

 

[Eveslm]

I sent application on 26 march 2020 they received 31st march . And date i signed is I believe 18-march-2020
And as per my lawyer we put the date we moved in that is October 3rd 2018 but cause our lease was signed on October 21st,2018 so from that day i can prove !!

If you returned to Canada 28 March 2019, then that should be the time when you started establishing common law. Because you needed to be cohabiting continuously for 12 months with no breaks hence you cannot consider the time starting Oct 2018. This would mean that when your girlfriend landed in Nov 2019, you had 8 months of cohabiting continuously and therefore you were not common law, so it was ok for her not including you.

However, i think your forms should have been signed on or after 28 march 2020? To make it 12 months? Not sure if you will be considered common law on 18 march 2020 as it was not exactly 12 months

 

[Eveslm]

It doesn’t matter what date you signed your application. What matters is the date it was RECEIVED.

As I said before, your gf didn’t need to declare you. You weren’t common law when she applied for PR.

Also, if you were out of status before applying for visitor extension, you probably needed to restore your status first before applying for the extension.

If the date signed does not matter, then the OP should be fine as the documents were received 31 march 2020

I just found out it actually does matter

 

[canuck_in_uk]

I sent application on 26 march 2020 they received 31st march . And date i signed is I believe 18-march-2020
And as per my lawyer we put the date we moved in that is October 3rd 2018 but cause our lease was signed on October 21st,2018 so from that day i can prove !!

As you signed your forms and sent your app before you were common-law, IRCC can refuse the app based on that. Or they might not. They may also ignore the month-long break and determine that you were common-law and are therefore excluded. There are a LOT of variables here and no one can say what will happen.

Your dates are a mess. Regardless, there is a good chance you will receive a Procedural Fairness letter.

 

[canuck_in_uk]

It doesn’t matter what date you signed your application. What matters is the date it was RECEIVED.

As I said before, your gf didn’t need to declare you. You weren’t common law when she applied for PR.

Also, if you were out of status before applying for visitor extension, you probably needed to restore your status first before applying for the extension.

The date that forms are signed does matter. Signing the forms is a legal agreement.

 

[OverIt]

The date that forms are signed does matter. Signing the forms is a legal agreement.

The date the forms were signed do NOT matter in terms of determining common-law. When trying to determine common law, IRCC counts a year back from the date they received your application. I don’t know how else to say this. I am speaking from personal experience and not just guessing.

When I previously applied for PR through sponsorship, I did get a procedural fairness letter. My application was received on July 8th, 2019. IRCC wanted me to prove that I had been cohabitating continuously with my partner counting a year back from the date they received my application - from July 8th, 2018 to July 8th, 2019. They specifically stated this in the letter.

 

[OverIt]

If the date signed does not matter, then the OP should be fine as the documents were received 31 march 2020

I just found out it actually does matter

It matters but not in determining common-law. This forum is mostly helpful but we really need to be careful not to spread false information sometimes. It creates unnecessary panic.

 

[Eveslm]

It matters but not in determining common-law. This forum is mostly helpful but we really need to be careful not to spread false information sometimes. It creates unnecessary panic.

OP has been giving mixed infor so of course he would get mixed messages. I do not see any false advice given here

 

[Sashimi_Sensei]

Hi, this may have been asked before but, my fiancee (the sponsor) lives in Montreal, I live in the UK. Can we apply for PR for me (applicant) to move to Ontario, or do we have to apply to Quebec as that is where she resides? Thanks in advance.

 

[DirtyMelodies]

Hi, this may have been asked before but, my fiancee (the sponsor) lives in Montreal, I live in the UK. Can we apply for PR for me (applicant) to move to Ontario, or do we have to apply to Quebec as that is where she resides? Thanks in advance.

In our case, we lived in Gatineau (Quebec), and moved across the river to Ottawa (Ontario), specifically to avoid the CSQ process. We waited until our ontarian paperwork was in order (lease, driver's licenses, etc.) before sending his PR application.

EDIT: I re-read your question, and if you're asking if you can file for PR for another province than the one your sponsor resides in, that's an absolute no. You have to apply in the province where you currently reside at the time you send in your application. In the case of Quebec, they're very particular because of the CSQ. Should you move to Ontario to start the process and decide to move back to Quebec while it's processing, you would have to scrap everything and apply for CSQ.

 

[canuck_in_uk]

Hi, this may have been asked before but, my fiancee (the sponsor) lives in Montreal, I live in the UK. Can we apply for PR for me (applicant) to move to Ontario, or do we have to apply to Quebec as that is where she resides? Thanks in advance.

Unless she leaves Quebec or has solid proofs that she is moving outside of Quebec, such as a purchased house, lease agreement, job contract etc., you will have to follow the Quebec process.

 

[cera]

Hi everyone, please I need advice. I didn't pay biometrics fee when I sent in my inland spousal application because I thought the 10 years validity for my TRV was valid for the PR application. I didn't know PR biometrics was different, please would my application be returned because of this? Please how can I fix this so my application doesn't get returned?

 

[kylelowry]

Hi Seniors,

My spouse, the PA, who is currently a student in Singapore is temporarily moving houses; for a maximum of 2 months. She will move back to her home country or come to Canada in end of June. So my question is do we still have to report the change in address even if its for 2 months?

 

[OverIt]

Hi everyone, please I need advice. I didn't pay biometrics fee when I sent in my inland spousal application because I thought the 10 years validity for my TRV was valid for the PR application. I didn't know PR biometrics was different, please would my application be returned because of this? Please how can I fix this so my application doesn't get returned?

You are fine. They will not return your application because of an unpaid biometrics fee. They’ll just ask you to pay it later