Common-law sponsoring, HELP please

[thanhtam23]

Over all I 'm not going to quibble with your timeline but would note: I don't think the step of withdrawing is necessary or will help.

Couples who marry during their process can get it reviewed on basis of the changed circumstances (this is in the regs or operating manual), and officers must consider.

This doesn't fix the undeclared common law status but if they can get married, there is no benefit (that I can see) to withdrawing.

That said: lawyer.

it’s normal to change the circumstances because the PR processing time might take years but i think get married in these 30 days only to respond to PFL seems to be too rushed and doesn’t look good
it was a very bad choice of him to apply as common law so the chance is quite slim either ways

 

[armoured]

it’s normal to change the circumstances because the PR processing time might take years but i think get married in these 30 days only to respond to PFL seems to be too rushed and doesn’t look good
it was a very bad choice of him to apply as common law so the chance is quite slim either ways

I disagree on several points:

-At the time they send a PFL, they are ready and prepared to refuse the application on serious grounds - that's why it is called a procedural fairness letter, they are giving him a chance to respond. At this stage we are no longer in the 'years of PR processing time.'
-Nothing unusual about a couple living together with a child getting married in civil ceremony to deal with civil issues (recognition of their relationship by the government).
-As I noted, it is in the operational guidelines etc that IRCC officers MUST consider new information like change of marital status - conjugal to married, common law / etc. (To put simply if the married status does change the evaluation - eg as above where they were in one interpretation not common law at all in 2024, then married potentially reverses that deficiency.
-Regardless of whether it 'doesn't look good', they are currently facing a rather catastrophic development - one spouse being banned from sponsorship - and anything that has a chance of helping avoid that should be considered.

Will it work? is it too clever by half? Maybe. THAT'S WHY THEY NEED A LAWYER.

 

[eripab]

Hello all,

I'm desperate and lost here, any help or guidance is really appreciated.
I'm a PR since 2022, I've failed to declare common-law and basically entered single because I just didn't know, to declare I was in common-law on my ECOPR; the reason being is that I was in canada and my partner was living abroad therefore I was not aware we were already common-law for having lived together for a year back in 2018.
She came to canada with my child in January 2024 and I've applied for the in canada family class (spouse - common law) and today I received the follow letter from IRCC:


"As you and your sponsor have been cohabiting in a conjugal relationship since November 2017, you became common-law partners on November 2018. During the period that your sponsor was living in Canada, you have demonstrated that you maintained a conjugal relationship. However, when your sponsor became a permanent resident of Canada after this date, they indicated on their Confirmation of Permanent Residence being single and not having any dependents. As such, your sponsor failed to declare you and have you examined for the purposes of immigration, within their application for permanent residence. As a result, you would therefore be excluded from applying for immigration in the family class. As such, I am not satisfied that you are a member of the Spouse or Common-Law Partner in Canada Class. Accordingly, you may not meet the requirements of the Regulations."

I have 30 days to respond to the officer.


Any ideas on how to proceed? Can I marry her and apply to sponsor her through a different stream? Can I still apply to get PR for my child?
Any help is really appreciated.
Thanks!

Hello, I’d like to ask how did you respond to the PFL and how is it going? I am kinda in the same situation. Thanks!