common law vs marriage - need help

[RRfromfaraway]

Ok, here is my story.

Recently I became a permanent resident through the express entry stream, landed on April 2nd, 2016. I created profile with CEC in April last year with my long time girlfriend as common law. As months went on and I was no where near 450 points to be drawn for EE. I decided to remove my common law partner from the application and we broke up. She moved back to Europe. less than a year later we miss each other and I am thinking about sponsoring her to Canada. We had been dating for 5 years before we broke up in June 2015. Out of the 5 years we lived together on and off for 3 years. she had visitor visa most of the time but also had working holiday work permit for a year. We could get married this fall. She is planning to visit me in October, but it would be a lot easier if I can sponsor her as common law. We still have a joint bank account in Canada 8)

So firstly, should I be wasting my time even considering common law sponsorship or will it be flat out declined. Secondly, would it cause any issues if we get married and I try to bring her to Canada. I don't want to be seen as misrepresenting my PR application because we really broke up and went our own ways.

Any feedback is appreciated, but even better, I would appreciate if anyone had similar case and how did she or he dealt with it. Thank you.

 

[jomz]

It's very likely that you will be barred from ever sponsoring her under family class. Cic may look at your break up as being the means for you to gain PR. And yes if they feel you broke up/separated for that reason you have misrepresented.

 

[ImABule]

It's very likely that you will be barred from ever sponsoring her under family class. Cic may look at your break up as being the means for you to gain PR. And yes if they feel you broke up/separated for that reason you have misrepresented.

As well, I'd like to mention that even if OP can prove that it was a legitimate break up and reconciliation, that this will be a flag in the sponsorship application to go from CL, to break up, to married.

 

[canadianwoman]

My advice: do not try to sponsor her as your common-law partner. if you do, there is a good chance that the visa officer will think that you committed misrepresentation on your own PR application. If CIC decides that you were common-law when you landed, then they will never let you sponsor her, as either your partner or your wife, if you get married.
In any case, while you can sponsor your common-law partner even if you have been living apart after the one year together, you cannot use that one year cohabitation if you then broke up. You would have to live together for 12 continuous months after that break up to reset the clock. I don't think CIC will believe that you really broke up if you tried this, though.

It is better to marry her. In your application, you should then be very clear about your relationship history. You have to explain that you were common law, but then broke up before you landed as a PR. Then after almost a year, you two reestablished contact and started your relationship again. It would be better to take things slowly, and then get married. You will have to prove that you really broke up, and that it was not just a 'separation of convenience'.

 

[RRfromfaraway]

Ok, here is my story.

Recently I became a permanent resident through the express entry stream, landed on April 2nd, 2016. I created profile with CEC in April last year with my long time girlfriend as common law. As months went on and I was no where near 450 points to be drawn for EE. I decided to remove my common law partner from the application and we broke up. She moved back to Europe. less than a year later we miss each other and I am thinking about sponsoring her to Canada. We had been dating for 5 years before we broke up in June 2015. Out of the 5 years we lived together on and off for 3 years. she had visitor visa most of the time but also had working holiday work permit for a year. We could get married this fall. She is planning to visit me in October, but it would be a lot easier if I can sponsor her as common law. We still have a joint bank account in Canada 8)

So firstly, should I be wasting my time even considering common law sponsorship or will it be flat out declined. Secondly, would it cause any issues if we get married and I try to bring her to Canada. I don't want to be seen as misrepresenting my PR application because we really broke up and went our own ways.

Any feedback is appreciated, but even better, I would appreciate if anyone had similar case and how did she or he dealt with it. Thank you.

Thanks,

I am kind of scared after what other people wrote on this topic. We really broke up and didn't even talk to each other for months. I even had a girlfriend here in Halifax for a few months. She moved to Montreal so we broke up. I wouldn't sponsor her under common law, we would get married.

I just cant be flagged for misrepresentation, because I wasn't misrepresenting. And if I do, what would happen? I just bought a condo, I have a mortgage for 25 years and a decent job. I cant be kicked out of Canada haha

 

[canadianwoman]

This is why I suggested only sponsoring her after getting married, and waiting before getting married. With you stating that you broke up, and with some proof of that, it is unlikely you would be found guilty of misrepresentation. Do you think you could get your ex-girlfriend to write you a letter stating you two were in a relationship after you broke up with the woman you now want to sponsor, and that she knew you had broken up with her? If not, you must still have some proof that you were dating someone else.

You could also get friends and family to write letters or affidavits stating that they know that the two of you broke up, and that you have now gotten back together.