common-law partner application, please help!!

[luckygirll]

My partner is sponsoring me under the common-law category. He is a PR and in the process of citizenship application. When he filed the application for citizenship last year, he filled ' Never married' instead of 'Common-law' as his personal status (there's no other place in the application form to show common-law partner or spouse's detailed info) . Actually, we have been living together for 3+ years (never separated), but during that time our relationship was in the downside and he decided not to claim me as his partner during that moment. Five months later,he received RQ and in this material he include all my information (name, attending school history, living place and time ect.) as requested family member's info in the RQ form. He didn't explain the contradiction and now he's waiting for the invitation after taking test 2 months later. We filed tax together as common-law partner during the past 3 years. I also extended my study permit last year claiming my status as common-law.


Now he is sponsoring me. Does this mistake matter? Could it be considered as misrepresentation? Any remedy to fix this problem?

 

[BeShoo]

I suppose it depends on what "never married" mans on that particular form. Hopefully, it doesn't mean that he was saying you and him were never in a common-law relationship or he could have problems. Were you common-law at the time when he landed as a PR? If he said he was single then and wasn't, he may never be able to claim he was common-law with you.

 

[RajaJi]

When did he become PR?

 

[luckygirll]

I suppose it depends on what "never married" mans on that particular form. Hopefully, it doesn't mean that he was saying you and him were never in a common-law relationship or he could have problems. Were you common-law at the time when he landed as a PR? If he said he was single then and wasn't, he may never be able to claim he was common-law with you.

He landed as PR in 2009 at that time we haven't been common-law yet. In the application form, there's marital status option to choose such as ' married, never married, common-law, divorced, etc.' . Except that, there's no other place to indicate the name and detail of the common-law partner or spouse's info. Can it be simply regarded as a mistake made (carelessness) or a misrepresentation?

 

[luckygirll]

When did he become PR?

In 2009 when we haven't become common-law partner yet.

 

[BeShoo]

I'm not sure about this. Sorry. Maybe that was the right response to give at the time.

I do know that if you separate in a common-law relationship, you can resume common-law status immediately as soon as you reconcile

 

[luckygirll]

I'm not sure about this. Sorry. Maybe that was the right response to give at the time.

I do know that if you separate in a common-law relationship, you can resume common-law status immediately as soon as you reconcile

You know where I can find the reference regarding this? I wanna do some research on when is considered to resume a common-law status, you mean is immediately instead of one year later after reconcile ?

 

[luckygirll]

I'm not sure about this. Sorry. Maybe that was the right response to give at the time.

I do know that if you separate in a common-law relationship, you can resume common-law status immediately as soon as you reconcile

Thank you!　You enlightened me, maybe it's not a discrepancy. I wanna find out how they deal with the short breakdown during common-law relationship. I checked cic website, it's said a common-law relationship ends when at least one partner does not intend to continue it. So there's no problem with that response at the time as you said.　In CRA website, there's a note about the definition of CL:12 continuous months includes any period you were separated for less than 90 days because of a breakdown in the relationship. So that means when several months later, in the RQ my partner claimed CL is also correct. Am I understanding right ?

Then the question is maybe I should mention the up and down in our relationship development story?

 

[luckygirll]

Anyone can give me some advice?

 

[BeShoo]

This is the official legal definition from http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-1.html#h-1:

“common-law partner” means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

So there are two points to that definition

• You must be cohabiting with the person in a conjugal relationship
• You must have so cohabited for a period of at least one year

"Conjugal" means "marriage-like" in this context.

 

[luckygirll]

This is the official legal definition from http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-1.html#h-1:

“common-law partner” means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

So there are two points to that definition

• You must be cohabiting with the person in a conjugal relationship
• You must have so cohabited for a period of at least one year

Thanks, Beshoo!

"Conjugal" means "marriage-like" in this context.