URGENT! Spousal Sponsorship after becoming PR: Previous common law (not declared)

[Iby]

Hello,

I'm about to submit my spousal sponsorship app + ROS + OWP and decided to clarify here before submitting just incase i need to include an explanation letter. Recently got out of status and my 90 days elapses on August 31st 2020.

My partner and i lived together from June 2017 - June 2018, got a new apartment lease from July 2018 for a year but decided to live apart (end common law) after living in the new apartment for a month (July - August) as our relationship fell off and we broke up, later in 2018 November to be precise we decided to give our relationship another try (not as common law) and we lived in different cities. In February 2019 my partner applied for PR through EE (CEC) and landed in January 2020 declaring relationship status as single.

My concern is that he wants to sponsor me now that we are currently married but I'm not sure if the Case officer will assume that we were common law and didn't declare it in his initial PR application... just so there was no misrepresentation.

Can you please advise if we are in the clear? Or we need to draft an explanation letter to this effect?

I'll really appreciate a prompt response as we are about to send in our application later this week.

Thank you!

 

[Alexn]

was he single when he applied? Were you already married when he landed in January?

 

[Amy23]

back up, you are saying you are out of status? I believe that right there is your number one concern, if I am not mistaken you need to have a valid status to apply, and hold a valid status while the application is in process

 

[Iby]

was he single when he applied? Were you already married when he landed in January?

Yes he was single when he applied although we were in a relationship then. We just recently go married in July after the City Halls opened up.

 

[scylla]

back up, you are saying you are out of status? I believe that right there is your number one concern, if I am not mistaken you need to have a valid status to apply, and hold a valid status while the application is in process

You don't. You can apply while out of status.

 

[Iby]

back up, you are saying you are out of status? I believe that right there is your number one concern, if I am not mistaken you need to have a valid status to apply, and hold a valid status while the application is in process

In Spousal sponsorship you can be out of status and still put in an application. In my case I'm still within the 90 days grace period to restore my status as a worker and apply for an OWP.

 

[scylla]

Hello,

I'm about to submit my spousal sponsorship app + ROS + OWP and decided to clarify here before submitting just incase i need to include an explanation letter. Recently got out of status and my 90 days elapses on August 31st 2020.

My partner and i lived together from June 2017 - June 2018, got a new apartment lease from July 2018 for a year but decided to live apart (end common law) after living in the new apartment for a month (July - August) as our relationship fell off and we broke up, later in 2018 November to be precise we decided to give our relationship another try (not as common law) and we lived in different cities. In February 2019 my partner applied for PR through EE (CEC) and landed in January 2020 declaring relationship status as single.

My concern is that he wants to sponsor me now that we are currently married but I'm not sure if the Case officer will assume that we were common law and didn't declare it in his initial PR application... just so there was no misrepresentation.

Can you please advise if we are in the clear? Or we need to draft an explanation letter to this effect?

I'll really appreciate a prompt response as we are about to send in our application later this week.

Thank you!

Your situation is a bit messy and very unique - and there is certainly at least some reason to be concerned since you were previously common law.

Any answer you receive here is going to be a guess because this isn't a standard situation.My best guess would be that yes, you need to write a letter to explain things and you also need to provide proof of severance of the common law relationship (not just moving out but also the fact that your relationship ended). But that's just me guessing - again, unusual situation.

You would be best off hiring a good immigration lawyer to advise you on approach.

 

[k.h.p.]

Your situation is a bit messy and very unique - and there is certainly at least some reason to be concerned since you were previously common law.

Any answer you receive here is going to be a guess because this isn't a standard situation.My best guess would be that yes, you need to write a letter to explain things and you also need to provide proof of severance of the common law relationship (not just moving out but also the fact that your relationship ended). But that's just me guessing - again, unusual situation.

You would be best off hiring a good immigration lawyer to advise you on approach.

Agreed with @scylla. Your challenge is going to be convincing the visa officer the relationship ended and then you re-started it. The address history review will reveal that you had cohabitated for a year.

Agreed with the suggestion that a lawyer will help you here.

 

[Iby]

Agreed with @scylla. Your challenge is going to be convincing the visa officer the relationship ended and then you re-started it. The address history review will reveal that you had cohabitated for a year.

Agreed with the suggestion that a lawyer will help you here.

Your situation is a bit messy and very unique - and there is certainly at least some reason to be concerned since you were previously common law.

Any answer you receive here is going to be a guess because this isn't a standard situation.My best guess would be that yes, you need to write a letter to explain things and you also need to provide proof of severance of the common law relationship (not just moving out but also the fact that your relationship ended). But that's just me guessing - again, unusual situation.

You would be best off hiring a good immigration lawyer to advise you on approach.

Thank you!
We will consider that.

 

[canuck78]

Did he list your previous common law relationship in the forms?

 

[Iby]

Did he list your previous common law relationship in the forms?

Aside for him listing the address we both previously lived, no. The EE (CEC) application forms he applied through is quite different.