Application to Sponsor a member of the Famy Class

[Blackbear]

Hi hello have a great Day!
I am just wondering if i can sponsor my common law partner in the Philippines..i was sponsored and become a permanent Resident last 2010 through my wife application under live-caregiver program.i file a divorce and now my divorce was granted last Dec 2013.
I am now planning to sponsor my common law partner in the Philippines, We have a 7 years old child..my Question is can i file on application to sponsor a member of family class under common-law partner category.
Thank you so much and i am looking forward for your kind and consideration

 

[Zarilenth]

Hi hello have a great Day!
I am just wondering if i can sponsor my common law partner in the Philippines..i was sponsored and become a permanent Resident last 2010 through my wife application under live-caregiver program.i file a divorce and now my divorce was granted last Dec 2013.
I am now planning to sponsor my common law partner in the Philippines, We have a 7 years old child..my Question is can i file on application to sponsor a member of family class under common-law partner category.
Thank you so much and i am looking forward for your kind and consideration

I do not think you can sponsor someone within 5 years of being sponsored yourself. So if you were sponsored in 2010 you'll have to wait another year, at least. And are you common law at the moment- is she living with you in Canada right now?

 

[Rob_TO]

Hi hello have a great Day!
I am just wondering if i can sponsor my common law partner in the Philippines..i was sponsored and become a permanent Resident last 2010 through my wife application under live-caregiver program.i file a divorce and now my divorce was granted last Dec 2013.
I am now planning to sponsor my common law partner in the Philippines, We have a 7 years old child..my Question is can i file on application to sponsor a member of family class under common-law partner category.
Thank you so much and i am looking forward for your kind and consideration

You need to wait 5 years from when you became PR, so that would be sometime in 2015.

Also is the 7 yr old child yours, which would mean you had a child already with her while you were married and landed as PR in 2010 with your ex-wife? If that is the case then did you declare your child and have them do a medical exam on your original PR application?

Also have you lived 12 consecutive months with your current partner, with no breaks?

 

[Blackbear]

Thanks for advice..yup the 7 years old child was ours,we managed to lived together for more than 8 years but i left my country and agreed to be re- united with my wife but for more a year lived with my wife, me and my wife doesnt exist so we saparated and i moved to another province here in Canada last 2011 and file a divorce which the Court granted last 2013. My 7 years old child was not declared and not included in my original PR application so medical exam wasnt done,,my common
Law partner still living in the Philippines, i just visited them twice last 2011 and 2013 our relationship still strong and manage evryday communication.

 

[Ponga]

Uh oh...

Since Rob_TO posed the question regarding your child, I'll let him respond.



Good luck!

 

[Zarilenth]

Thanks for advice..yup the 7 years old child was ours,we managed to lived together for more than 8 years but i left my country and agreed to be re- united with my wife but for more a year lived with my wife, me and my wife doesnt exist so we saparated and i moved to another province here in Canada last 2011 and file a divorce which the Court granted last 2013. My 7 years old child was not declared and not included in my original PR application so medical exam wasnt done,,my common
Law partner still living in the Philippines, i just visited them twice last 2011 and 2013 our relationship still strong and manage evryday communication.

So from what I can tell, you will not be able to sponsor your child as you did not declare him/her on your application when you were sponsored. Also, you will not be able to sponsor your common law partner as you haven't been living with her for a year directly previous to the application submission.

 

[Ponga]

So from what I can tell, you will not be able to sponsor your child as you did not declare him/her on your application when you were sponsored. Also, you will not be able to sponsor your common law partner as you haven't been living with her for a year directly previous to the application submission.

Pretty much.

 

[zardoz]

I think that I smell "misrepresentation" here as well... He might have been common-law before returning to his wife for "immigration purposes". Either way, it's a very bad situation....

 

[Ponga]

Agreed.

 

[Blackbear]

So what i need to do..help me Please

 

[Seronic]

So what i need to do..help me Please

I don`t really think there`s much you can do. You can try sponsoring after 5 years, but since you didn`t declare your child.... >,<

Difficult.

 

[Blackbear]

so Theres a possibilities if i marry my common law partner then sponsor them

 

[steerpike]

You dont qualify for common law, so you would have to get married to have a chance.

You cant sposnor your child because he wasnt declared originally. Getting married will not change that now.

If you try to apply they may accuse you of misrepresentation and take away your PR.

You have a very difficult situation and i think you should at least talk to a lawyer to find out your options, if any.

This board is great for straightforward /common issues, but for very complicated cases like yours, i dont think theres much advice we can give you.

 

[Ponga]

So what i need to do..help me Please

Your best option might be to find a good immigration lawyer.

As per Rob_TO's question regarding your child:

As Zarilenth pointed out...Since you did not declare your child when you applied for your PR, you may never be able to sponsor that child and s/he will have to find another way to immigrate to Canada. That was misrepresentation # 1 (not declaring that you had a child).

The second reason for misrepresentation would be the fact that, as zardoz pointed out, you were living common-law with your partner when you were sponsored by your wife for your PR. This, in and of itself, is not a big issue as CIC does recognize a person to be married (but not in a conjugal relationship...more like separated, but still legally married) and living common-law simultaneously. The misrepresentation likely occurred because you probably never mentioned your common-law status in your PR application...anywhere.


You could possibly lose your PR if CIC discovers your misrepresentation.

All the more reason to consider a good lawyer to get you out of your mess.

Good luck!

 

[Rob_TO]

Thanks for advice..yup the 7 years old child was ours,we managed to lived together for more than 8 years but i left my country and agreed to be re- united with my wife but for more a year lived with my wife, me and my wife doesnt exist so we saparated and i moved to another province here in Canada last 2011 and file a divorce which the Court granted last 2013. My 7 years old child was not declared and not included in my original PR application so medical exam wasnt done,,my common
Law partner still living in the Philippines, i just visited them twice last 2011 and 2013 our relationship still strong and manage evryday communication.

If you were previously common-law with your first partner, and then got married to a second partner, that would void any common-law status you may have once had with your first partner. So for CIC purposes, right now you are not common-law. So before you could sponsor your first partner now, you would have to actually live with her for 12 consecutive months, or you would need to get married. Getting married is probably easier. Also as mentioned, you would need to wait until 5 full years have passed since you became a PR.

However the big concern for you is since you didn't declare the child and didn't do their medical test, the child can NEVER be sponsored under family class. There is nothing you can do about this, and most likely no lawyer will be able to do anything either. Be careful to only go to a reputable lawyer, since some lawyers may recommend you to proceed with PR app under their guidance, and go through appeals with them, even if they know very well you have no chance.. all just to get your money. Even attempting to apply for PR for your child will bring to light that you lied on your first PR application, so a worst case scenario is that your own PR could be revoked.

So basically if you want a life with your child, you will need to give up your PR and return to Philippines to live with them.