Common-Law Partner Sponsorship

[rortiz0305]

Good day everyone ,
My girlfriend and I are living together since 2013. Her mother applied for sponsorship for her and her father. Her status on her mother's PR application was single when it was applied on 2015. So now , they already received a confirmation that their applications are completed and they are now waiting for their passport so that they can travel to Canada this coming March. What we have in mind now is that if she can apply for common-law sponsorship for me few months after they land in Canada. But then we read an article that since her status on her PR application was Single there is no way that she can sponsor me under common-law partner. Can someone please enlighten us about this and what are the things that we can do if we are not going to be eligible for common-law partner sponsorship?

Thanks in advance !

 

[scylla]

You are in a bad situation.

She should never have been included in her mother's application. She didn't qualify to be included and listing her as a dependent was misrepresentation/fraud.

If she travels to Canada and receives PR as part of her mother's PR application, she will never be able to sponsor you - even if you later get married. She will also be committing fraud by saying she is single and still dependent on her mother when she is in fact in a common law relationship with you. Since she is no longer dependent on her mother, she is not entitled to be listed as a dependent in her mother's PR application and obtain PR through her mother. If CIC finds out about this misrepresentation, they may move to revoke her PR status.

The right/legal thing to do is to notify CIC that she is no longer a dependent and remove her from the application. The two of you would then have to qualify and apply for PR on your own through an economic immigration stream like Express Entry.

Again, if she goes ahead and uses the visa that is going to be issued to her now to become a PR - she can never sponsor you.

That's the situation you are facing.

 

[rortiz0305]

You are in a bad situation.

She should never have been included in her mother's application. She didn't qualify to be included and listing her as a dependent was misrepresentation/fraud.

If she travels to Canada and receives PR as part of her mother's PR application, she will never be able to sponsor you - even if you later get married. She will also be committing fraud by saying she is single and still dependent on her mother when she is in fact in a common law relationship with you. Since she is no longer dependent on her mother, she is not entitled to be listed as a dependent in her mother's PR application and obtain PR through her mother. If CIC finds out about this misrepresentation, they may move to revoke her PR status.

The right/legal thing to do is to notify CIC that she is no longer a dependent and remove her from the application. The two of you would then have to qualify and apply for PR on your own through an economic immigration stream like Express Entry.

Again, if she goes ahead and uses the visa that is going to be issued to her now to become a PR - she can never sponsor you.

That's the situation you are facing.

I appreciate your answer. I'am just a bit confused since you told me that she can never sponsor me. What if she stayed in Canada for two years and came back home to me for us to get married will she be able to sponsor me as her spouse ?

 

[scylla]

I appreciate your answer. I'am just a bit confused since you told me that she can never sponsor me. What if she stayed in Canada for two years and came back home to me for us to get married will she be able to sponsor me as her spouse ?

No - she will not be able to sponsor you if she stays in Canada for two years and then you get married. Once again, she can never sponsor you. I'm not sure what's unclear about that.

Again, you are already common law because you have lived together for many years. This means two things: (1) She is not a dependent and cannot be included as a dependent in her mother's PR application. Using the visa that will be issued to her will be fraud (a crime) and CIC may revoke her PR status at some point in the future if the find out about this fraud.; (2) When you immigrate, your common law partner / spouse MUST be included in the application and MUST go through the medical and background/security checks. You have not be included in the application to sponsor her. This means you can never be sponsored by her. Ever.

 

[Rob_TO]

Good day everyone ,
My girlfriend and I are living together since 2013. Her mother applied for sponsorship for her and her father. Her status on her mother's PR application was single when it was applied on 2015. So now , they already received a confirmation that their applications are completed and they are now waiting for their passport so that they can travel to Canada this coming March. What we have in mind now is that if she can apply for common-law sponsorship for me few months after they land in Canada. But then we read an article that since her status on her PR application was Single there is no way that she can sponsor me under common-law partner. Can someone please enlighten us about this and what are the things that we can do if we are not going to be eligible for common-law partner sponsorship?

Thanks in advance !

Your girlfriend, her mother and her father are ALL currently committing fraud/misrepresentation on their PR app. Your girlfriend is NOT A DEPENDENT of her parents, since she is in a common-law relationship. They need to contact the visa office about her marital status change, and then she needs to be removed immediately from the application as if she gets PR she is doing so fraudulently.

If she lands as "single", then later IRCC finds out about this, her and her parents could all lose their PR status due to the misrepresentation.