CEC PR application while being in a Common-Law relationship

[BuminKhan]

Hi everybody,

I'm in a complicated situation where I'm unable to find accurate answers to questions in my mind. I hope you can help me.

I've been living together with my boyfriend since October 2018 hence as of this month, we are considered common-law partners. We were both international students who graduated from Canadian Universities hence we're both currently on Post-Graduate Work Permit.

I completed my 1 year in my first job (NOC A). My boyfriend has just graduated this August and started his first job this week (also NOC A but less than a year of experience). In a year, he will gain right to become a PR on his own merit.

Q1) Is it possible to declare that I'm in Common-Law but still apply for PR on my own ?
Q1a) If it's possible, would they still ask stuff like my boyfriend's information ?
Q1b) If so, what would those be ?
Q1c) All information about "non-accompanying spouses/partner" seems to assume that applicant and/or spouse is not in Canada, would "non-accompanying spouse/partner" would be applicable to our situation considering he's already in Canada as of now and has valid immigration status even though we're living together?

Q2) If I was to sponsor him, how would that process work in general ?
Q2a) Would it be an issue that he's yet to complete his 1 year of work in Canada ?
Q2b) Does it take it longer for CIC to process the application of a couple than a single individual ?
Q2c) If we were to apply as couple (me sponsoring him); and our relationship broke down, would he still retain his pr status considering he would gain the merit on his own as well ?

I apologize for double posting since I posted this under Express Entry as well. Only then I noticed that this might be the more accurate subforum.
Please feel free to answer partially if you can. I am in dire need of any kind of clarification.

 

[canuck_in_uk]

Hi everybody,

I'm in a complicated situation where I'm unable to find accurate answers to questions in my mind. I hope you can help me.

I've been living together with my boyfriend since October 2018 hence as of this month, we are considered common-law partners. We were both international students who graduated from Canadian Universities hence we're both currently on Post-Graduate Work Permit.

I completed my 1 year in my first job (NOC A). My boyfriend has just graduated this August and started his first job this week (also NOC A but less than a year of experience). In a year, he will gain right to become a PR on his own merit.

Q1) Is it possible to declare that I'm in Common-Law but still apply for PR on my own ?
Q1a) If it's possible, would they still ask stuff like my boyfriend's information ?
Q1b) If so, what would those be ?
Q1c) All information about "non-accompanying spouses/partner" seems to assume that applicant and/or spouse is not in Canada, would "non-accompanying spouse/partner" would be applicable to our situation considering he's already in Canada as of now and has valid immigration status even though we're living together?

Q2) If I was to sponsor him, how would that process work in general ?
Q2a) Would it be an issue that he's yet to complete his 1 year of work in Canada ?
Q2b) Does it take it longer for CIC to process the application of a couple than a single individual ?
Q2c) If we were to apply as couple (me sponsoring him); and our relationship broke down, would he still retain his pr status considering he would gain the merit on his own as well ?

I apologize for double posting since I posted this under Express Entry as well. Only then I noticed that this might be the more accurate subforum.
Please feel free to answer partially if you can. I am in dire need of any kind of clarification.

1. There is no "possible". You are legally required to declare and include your common-law partner. You can choose to include him as non-accompanying.

1a. As above, he must be fully included, so yes.

1b. Forms, PCCs, medical, docs.

1c. There have been several cases on the forum recently of people receiving Procedural Fairness letters for putting their spouse/partner as non-accompanying, despite being in Canada, in an obvious attempt to increase their CRS.

2. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

2a. Irrelevant to either being a dependent in your app or being sponsored.

2b. It could be longer or it could be the same time.

2c. If you sponsored him and broke up after he landed as a PR, he would retain his status.


Note that the only difference in terms of processing/requirements if he is included as non-accompanying instead of accompanying is that he doesn't become a PR with you.

 

[BuminKhan]

1. There is no "possible". You are legally required to declare and include your common-law partner. You can choose to include him as non-accompanying.

1a. As above, he must be fully included, so yes.

1b. Forms, PCCs, medical, docs.

1c. There have been several cases on the forum recently of people receiving Procedural Fairness letters for putting their spouse/partner as non-accompanying, despite being in Canada, in an obvious attempt to increase their CRS.

2. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

2a. Irrelevant to either being a dependent in your app or being sponsored.

2b. It could be longer or it could be the same time.

2c. If you sponsored him and broke up after he landed as a PR, he would retain his status.


Note that the only difference in terms of processing/requirements if he is included as non-accompanying instead of accompanying is that he doesn't become a PR with you.

He's already in Canada on Post Graduate Work Permit - there will be no landing. We're both currently living in Canada. Does that change anything ? Or is he still considered an "accompanying" spouse despite the fact that he has established his status in Canada independently from me.

 

[canuck_in_uk]

He's already in Canada on Post Graduate Work Permit - there will be no landing. We're both currently living in Canada. Does that change anything ? Or is he still considered an "accompanying" spouse despite the fact that he has established his status in Canada independently from me.

Landing = becoming a PR.

The answers remain the same.

 

[jes_ON]

He's already in Canada on Post Graduate Work Permit - there will be no landing.

If you do not "land" you do not become a Permanent Resident. "Landing" may sound like a misnomer in your case, but all it means is the final act of requesting entry to Canada as a Permanent Resident. Some inland applicants get appointments and "land" that way, others go to the border and "flagpole" (exit Canada but turn around without entering the USA, to re-enter Canada in order to "land").

We're both currently living in Canada. Does that change anything ? Or is he still considered an "accompanying" spouse despite the fact that he has established his status in Canada independently from me.

"Accompany" here has two meanings - it means a co-applicant for PR, and it means coming to Canada with you. The fact that you are both already in Canada does not change that.

 

[ligarashi]

1. There is no "possible". You are legally required to declare and include your common-law partner. You can choose to include him as non-accompanying.

1a. As above, he must be fully included, so yes.

1b. Forms, PCCs, medical, docs.

1c. There have been several cases on the forum recently of people receiving Procedural Fairness letters for putting their spouse/partner as non-accompanying, despite being in Canada, in an obvious attempt to increase their CRS.

2. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

2a. Irrelevant to either being a dependent in your app or being sponsored.

2b. It could be longer or it could be the same time.

2c. If you sponsored him and broke up after he landed as a PR, he would retain his status.


Note that the only difference in terms of processing/requirements if he is included as non-accompanying instead of accompanying is that he doesn't become a PR with you.

Hi @canuck_in_uk

I am in a similar situation and just wanted to confirm. I became today common-law in BC and will be signing a cohabitation agreement today to keep things separate from my partner's.

He is already a PR (and currently applying for citizenship).

I am currently a worker and my PR application is currently being processed. (waiting Canada Services to reopen to collect my biometrics). By the time I applied, we weren't common-law yet, so my status for Canada is - so far - Single.

I don't want his sponsorship nor any support from him whatsoever to get my PR as I want to keep things separate. I understand that my status has changed from single to common-law, so I still need to declare him in my application even if I don't want any spousal support, is that correct?

 

[canuck_in_uk]

Hi @canuck_in_uk

I am in a similar situation and just wanted to confirm. I became today common-law in BC and will be signing a cohabitation agreement today to keep things separate from my partner's.

He is already a PR (and currently applying for citizenship).

I am currently a worker and my PR application is currently being processed. (waiting Canada Services to reopen to collect my biometrics). By the time I applied, we weren't common-law yet, so my status for Canada is - so far - Single.

I don't want his sponsorship nor any support from him whatsoever to get my PR as I want to keep things separate. I understand that my status has changed from single to common-law, so I still need to declare him in my application even if I don't want any spousal support, is that correct?

Yes, you need to update your status to common-law. Include proof of his PR status.

 

[ligarashi]

Hi @canuck_in_uk,

I got some updates and would like to see if you can shed some lights before I die from anxiety.

Recap: So after checking up whether or not I should submit a web form to update my marital status (I became common-law automatically), I submitted the web form on May 1st and I attached a pic of the front and back of my partner's PR card to it. I heard back from IRCC on the 6th of May, where they said:

Good day xxxxx,

Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC).​

We verified the information you provided regarding your application and have forwarded it to the responsible office.​

They will contact you if further information is required or if a decision is made on your application.​

We hope the information provided is helpful in assisting you with your enquiry.​

Sincerely,
----

Didn't hear back for weeks.

On the 26th of May I received a Request Letter from IRCC asking for "proof of PR" as per below:

Dear xxxxx, This is in reference to your application for permanent residence in Canada. In order for us to continue the processing of your application, we require the following documents: xxxxx- xxxxx:  Client Information: Please provide proof of the PR status of your common-law partner. This must be received at this office by: 2020/06/09 You must send us the requested information by email within 10 days from the date of this letter. Please scan and email the required document(s) as attachments to CPC-CTD-Ottawa@cic.gc.ca and put your application number in the subject line.​

​

I replied on the 27th of May, following the instructions they listed: I added my application number (EXXXX) in the email's subject line and attached a pic of the front and back of my partners PR card in a visible manner and according to the file restrictions (unzipped, jpeg smaller than 5MB).

So far so good.

Yesterday I received a Procedural Fairness letter saying:

Dear xxxx, This is in reference to your application for permanent residence in Canada. We are still missing the following information in order to finalize your application: Proof of PR status for your common law partner.​

Having a common law partner with PR status will have no effect on your application. However, your application cannot be processed without confirmation of this statsu.​

An initial request was sent to you on May 26, 2020. To date, we have not received the requested information. The above information/documents must be received in our office within 7 days from the date of this letter.​

Please scan and email the required document(s) as attachments to CPC-CTD-Ottawa@cic.gc.ca and put your application number in the title. This is a final reminder for you to comply with our request.​

If we do not hear back from you within the prescribed deadline, an officer will review your case and make a decision based on the information available. As a result, your application may be refused.​

I am stunned because I did send the info as they requested. I even got the auto-reply confirming they had received my email.

I tried to contact IRCC by phone, but speaking to an agent is impossible. The IVR recording either say all agents are busy and can't speak, or that the option is invalid (and this is after listening for 5 minutes of recordings with a bunch of info over COVID). I ended up re-sending my partner's PR card photos again, because I assumed that it was just an error from CIC, as if maybe someone still didn't see my message in their mailbox, however I read everywhere that a procedural fairness letter is the last step before your application is refused.

So now I am kinda freaking out.

Should I look for an immigration lawyer?

 

[asa26]

1. There is no "possible". You are legally required to declare and include your common-law partner. You can choose to include him as non-accompanying.

1a. As above, he must be fully included, so yes.

1b. Forms, PCCs, medical, docs.

1c. There have been several cases on the forum recently of people receiving Procedural Fairness letters for putting their spouse/partner as non-accompanying, despite being in Canada, in an obvious attempt to increase their CRS.

2. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

2a. Irrelevant to either being a dependent in your app or being sponsored.

2b. It could be longer or it could be the same time.

2c. If you sponsored him and broke up after he landed as a PR, he would retain his status.


Note that the only difference in terms of processing/requirements if he is included as non-accompanying instead of accompanying is that he doesn't become a PR with you.

I am on a similar situation, however, I did include my partner as accompanying me in canada. He is also inside canada working under working permit with LMIA.
If I get an ITA does this mean he gets the PR too?