Common-Law Sponsorship separation

[sak1234]

Need some help with some common-law sponsorship questions

I have been sponsored by my girlfriend through common-law (we lived together for 2 years) and we have submitted the application and it is being processed at CIC, we received a letter saying everything checks out, just that we send in another document proving we lived for the time period stated.

I sent in an affidavit from our landlord who knew we lived together in our first apartment, and waiting for that to be reviewed.

Since then, things haven't worked out on her side and she is considering separation. I am not sure what to do.

I feel like this is such a strange and complex case so I have no clue what to do. I have a lawyer who helped us with the application but I am afraid if I talk about the situation with them they may think our relationship was not real in the first place, when it was completely genuine.

It was absolutely true that we lived together and were in a very marriage-like relationship for the two years we stated in the application and that was ongoing until recently.
If the application is accepted, what do I do? If I receive PR, will she or I have to do anything about the separation if that's what decided as a result?

Also, what happens if I do not become accepted? I am guessing it is goodbye for me from Canada?

Any help would be really appreciated, I feel I am in a major bind and shock when she told me she considered separation, I would really like to know if I am supposed to prepare to leave Canada or allow the PR to go through and figure out things from there.

 

[CharlieD10]

If you separate before your PR status is decided, you cannot land under that status, as the basis of your family class sponsorship no longer exists. To do so would constitute misrepresentation on your part, and you could be reported for it and lose said status.

If you continue with the application even though you are thinking of separation (you here meaning both of you), you could still be found to have committed misrepresentation. You are required to advise CIC of any material changes to your family status, and a separation of a common-law/conjugal couple or divorce proceedings on the part of married ones is very much a material change.

The first thing you need to sort out is your relationship status. Only then will you know what your immigration status is, because as a family class applicant, one is based on the other.

Good luck.

 

[sak1234]

Thank you for the response.

At the current moment, we are staying together, she was only mentioning it for reasons attributing to her recent personal stress, but now I am worried if she were to consider it after the PR was decided. What would happen then?

 

[CharlieD10]

As the Act and Regulations currently stand, nothing. You would be a PR, and your separation would not absolve her of her responsibilities as your sponsor in terms of ensuring you have the necessities of life and do not need to claim social assistance, nor would it revoke your status, because you would already be a PR.

 

[AllisonVSC]

Thank you for the response.

At the current moment, we are staying together, she was only mentioning it for reasons attributing to her recent personal stress, but now I am worried if she were to consider it after the PR was decided. What would happen then?

It might be helpful if you both talked to a professional (not an immigration professional, a counselor). Personal stress can cause an otherwise healthy relationship to change. Helping her talk through what's bothering her with some professional support could be you both back on solid footing in your relationship before you need to even worry about immigration outcomes.

My partner and I had to work through some stuff shortly after I came to Canada. My older brother died suddenly at 46 just two months after I landed. I had a really difficult time dealing with the grief and being so far from my family. It really helped that my partner and I were able to talk to someone when the stress started affecting how we interacted, and it certainly helped us build back a strong supportive connection. I know in my situation my PR wasn't in question, but my life with my guy in Canada certainly was. All relationships in need work to maintain them. Help your loved one. I am sure she will appreciate your support, caring, and concern for her well-being.