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Could I get a lifetime sponsorship ban?

ljsh123

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Feb 12, 2023
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Hello, here's my case- Me and my girlfriend lived together in the past for one year, between Aug 2018 and March 2020 in the UK. In March 2020, she went back to her home country and I went back to mine (different countries). We still kept in touch and considered ourselves to be boyfriend-girlfriend. I applied for my PR in March 2022 under PNP. In my application, I mentioned her as a previous common-law partner, as we were living separately for almost 2years. I became a PR in Oct 2022.

Now, if we get married and I try to sponsor her in the near future, is there a possibility of a sponsorship ban as I didn't declare her (as a current parter as of March 2022) on my application. My understanding was our common-law ended when went to different countries. This issue came up as a consultant I was working with to gather documents for the spousal sponsorship raised the concern.

I'd like to know your thoughts.
@legalfalcon
 

armoured

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Now, if we get married and I try to sponsor her in the near future, is there a possibility of a sponsorship ban as I didn't declare her (as a current parter as of March 2022) on my application. My understanding was our common-law ended when went to different countries. This issue came up as a consultant I was working with to gather documents for the spousal sponsorship raised the concern.
Personal opinion only: it is a valid concern but if the period between when you stopped living together, applied yourself and then became a PR yourself and married/sponsored is 'reasonable', I would expect you may have some questions but would be okay.

It is a weak spot in IRCC's approach that having been common law at some point could potentially make you common law ... forever, with no clear distinction on what 'ends' a common law relationship. (Probably not susceptible to being defined legalistically)

The biggest strength in this is that you stopped living together in 2020 and didn't apply for PR for two years after that.

The weakest parts of this- only you will know and likely have not shared (not saying you have to, but don't expect that IRCC will be as rstrained as I am here).

And that weakest part is: how did you two start seeing each other again/how much were you apart while living apart?

I would expect IRCC to pay particular attention to the period between when you applied to become a PR and when you landed (and on those respective dates). I would expect that they would devote some attention also to how much you physically saw each other/visited each other, esp between those dates, as well as the other things like how often you were in communication and supported each other/shared property.

We could ask other questions but I think if you look at the 'genuine relationship' type questions in the sponsorship agreement, and how many of those continued to be true between March 2020 and whenver you really did start seeing each other, you'll have a good sense.

In doing this exercise, I'd strongly recommend you be as brutally truthful with yourself about this, and NOT minimize anything by applying any filter such as "what could be proven." (you can discuss those distinctions with a lawyer at some point in future)
 
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Hello, here's my case- Me and my girlfriend lived together in the past for one year, between Aug 2018 and March 2020 in the UK. In March 2020, she went back to her home country and I went back to mine (different countries). We still kept in touch and considered ourselves to be boyfriend-girlfriend. I applied for my PR in March 2022 under PNP. In my application, I mentioned her as a previous common-law partner, as we were living separately for almost 2years. I became a PR in Oct 2022.

Now, if we get married and I try to sponsor her in the near future, is there a possibility of a sponsorship ban as I didn't declare her (as a current parter as of March 2022) on my application. My understanding was our common-law ended when went to different countries. This issue came up as a consultant I was working with to gather documents for the spousal sponsorship raised the concern.

I'd like to know your thoughts.
@legalfalcon
Did you not see each other at all during those two years?
 

Ponga

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It is a weak spot in IRCC's approach that having been common law at some point could potentially make you common law ... forever, with no clear distinction on what 'ends' a common law relationship. (Probably not susceptible to being defined legalistically)
Agreed!

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

According to case law, the definition of a common-law partner should be read as “an individual who is (ordinarily) cohabiting.” After the one year period of cohabitation has been established, the partners may live apart for periods of time while still maintaining a common-law relationship. For example, a couple may have been separated due to illness or death of a family member, adverse country conditions (e.g. war, political unrest), or employment or education-related reasons, and therefore are not cohabiting at the time an application is submitted. Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship.

For common-law relationships, the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship still exists.


versus this, in the very next paragraph:

A common-law relationship is severed or ends upon the death of one partner or when at least one partner does not intend to continue the conjugal relationship.

Am I overthinking (again), since most every discussion in these forums regarding a conjugal sponsorship is because the couple cannot cohabit in the same place?



https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-conjugal.html

A conjugal relationship is one of some permanence, when individuals are interdependent – financially, socially, emotionally and physically – when they share household and related responsibilities, and when they have made a serious commitment to one another.


Conjugal does not mean “sexual relations” alone. It indicates that there is a significant degree of attachment between two partners.
 

armoured

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Am I overthinking (again), since most every discussion in these forums regarding a conjugal sponsorship is because the couple cannot cohabit in the same place?
Yes, you're overthinking. They both use the same term because they are of course related concepts (i.e. it is, I believe, a given that all married and common law relationships are conjugal); IRCC uses conjugal for the name of that one specific sponsorship program in a more specific and narrow sense (roughly, conceptually, that the relationships are conjugal but do not meet tests of marital or common law). But note, the program titled conjugal sponsorship does not cover all relationships that are conjugal, nor even all conjugal relationships that are not marital or common law(everyone would recognize that a couple that's lived together for 11 months may be in a conjugal relationship, but they're not eligible for the conjugal sponsorship program. Just like someone who may qualify as common law in some jurisdiction may not qualify under IRCC definition.
 

armoured

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I have no insight as to how the IRCC sees these things, but I very much doubt the IRCC is going to come along and tell you that you were in a common law relationship even when both parties to the relationship considered it had ended.
Respectfully, I think this is the wrong lens with which to approach the question - at least in the first instance, that is, when applying now under spousal sponsorship and how it may be evaluated.

On the somewhat-more specific legal question (what constitutes being in common law and all that) - I am sure you are right and that may be the correct perspective in cases where it was appealed and/or considered by some kind of tribunal or court.

The difference: at application, the primary lens/perspective from which it MAY be approached is whether there is any suspicion that the information provided before - that the common law relationship had been ended - was intentionally used as a means of getting around both being evaluated or otherwise to deceive/misdirect IRCC officers to get some benefit.* I believe they are often inclined to look for the suspicious cases first - frauds, previous marriages, etc.

Therefore I think the best approach is to be upfront and make the case as best as possible that the previous relationship just really had ended - and to be convincing about how the relationship re-started. Hopefully the timelines are such that it's pretty obvious (two years physically apart, for example) that are not supportive of the idea that this was a set-up.

Secondary to this - that I struggle to suggest how to include, and would be inclined to think 'don't' - is whether there was some incentive to not include the former/current spouse. (That could be reasons like criminality or medical, for example). IRCC seems sensitive to this issue - perhaps because (in part) one can include a spouse as non-accompanying, where the spouse is in fact tested for inadmissibility. And I have a strong suspicion that when evaluating, they DO look at previous spouses and relationships (and especially any repeats). There are well-known immigration fraud 'stories' of such (I don't know how credible or frequent, though).

At any rate, I'm not really trying to put forward a particular approach here, except to note that I'm not sure the (somewhat) narrow legal approach will dominate how IRCC approaches - certainly if they think there's some possibility of misrepresentation here.

And hence I think the better emphasis - to the extent this is a distinct point from the legal points you make, which perhaps it isn't in terms of content - is on the factual aspects of the case. To wit, both ended the relationship back in XXXX, did not physically see each other in between, the relationship in between was NOT one of partners, and that there is a timeline of when the relationship was restarted that does not overlap with the spnsor's PR journey, and/or that when it was rekindled, it did not constitute a resumption/new conjugal relationship until XXXX (some date).

I think putting that story down in a cogent manner is worth some additional effort, so that it does not raise some suspicion. [And hopefully there is also no hint of some benefit to have been gained by not simply applying together before, i.e. inadmissibility concerns.]

Note, I don't think this is automatically a dire situation - there certainly have been cases of spouses who've remarried and sponsored here.

And the analysis of how to approach may be very different on appeal, where more legalistic arguments certainly have their place - but I presume all would agree that it's best to avoid that if possible.

*[We saw a case of this recently where there was/would have been a real reason to be concerned - a spouse (divorced) who was not evaluated and then the couple later remarried, but the spouse may have been inadmissible as part of the original app. Details here don't matter, I'm just saying it's possible.]
 
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Ponga

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I have no insight as to how the IRCC sees these things, but I very much doubt the IRCC is going to come along and tell you that you were in a common law relationship even when both parties to the relationship considered it had ended.
The OP never stated that the relationship ended:
"We still kept in touch and considered ourselves to be boyfriend-girlfriend."

As an aside, the OP not understanding that the common-law relationship does not [automatically] end if/when one leaves the country where they were cohabiting, would likely not have much credence should IRCC question this when she applies for spousal sponsorship as a married couple. If they dig too deep, it could be a problem, but...I suspect not.
 

armoured

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The OP never stated that the relationship ended:
"We still kept in touch and considered ourselves to be boyfriend-girlfriend."
Good point that I hadn't picked up on, really.

Because impossible to understand what is meant by that in this context and entirely subjective, unfortunately.

I just kind of have to do that emoji of the shrug with the hands up - who knows?
 

Ponga

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Good point that I hadn't picked up on, really.

Because impossible to understand what is meant by that in this context and entirely subjective, unfortunately.

I just kind of have to do that emoji of the shrug with the hands up - who knows?
The pendulum could swing from:

Nothing happens and the spousal sponsorship (after marriage) goes smoothly.

to

IRCC determines that the CL relationship never ended, even though the cohabiting together did while the relationship continued. After all, the OP's wife would need to show her residence from August 2018 thru March 2020 when they were living together.


I would be inclined to suspect that the aforementioned pendulum would swing towards the former, not the latter, but...I will also reference that same emoji, here. LOL!
 
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armoured

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I no longer know what to think, but would just caution that since they've already said they were common law before, that ship has sailed.
 
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ljsh123

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Feb 12, 2023
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@Kaibigan
You're right on the guess, common-law entered my vocabulary after I started my PR application. In regards to our relationship during the two years, I don't know how to categorize it.
Were we in frequent contact?
- Yes, sometimes weekly if not daily
Did we intend to live together asap?
- No, for the following reasons - 1. There were no means to achieve this, 2. We were both in the initial phases of our career and preferred to build it in an environment we individually thrived in (our home countries).
Did we love each other?
- Yes
Were we exclusive?
- Yes, although we both went on a couple of dates that were forced by our families.

I hope this makes thing more clear
 

armoured

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Were you wrong to have "mentioned her as a previous common-law partner"? Probably not, since by the time you did so, you were aware of the IRCC 1-year rule and you were striving to be forthcoming.
I would underline here a strong yes that it was correct to disclose this relationship as common law - because yes, ircc DOES catch people having lived together for more than a year (in subsequent apps) and treat these as undisclosed relationships and enforce bans. We've seen multiple cases of eg students in shared student housing where there's little/no evidence of relationship at beginning of the shared residence (because yes that is how people meet or end up in relationships). Some of these get worked out, perhaps most, don't know - but it's a hassle and a risk.

So for anyone else reading: if in doubt, disclose. Shared addresses are the first thing they will look at.

Side note that residing together is not sufficient - and so we have the asymmetric approach of IRCC that any evidence of residing together can be used against you, but is not automatically sufficient to show you were common law - they can and will ask for considerable supporting evidence of having a 'joint household' (expenses, purchases together, etc). And vice versa.

I mention this point - the asymmetry - purposefully to note that they do NOT see it as their role to be neutral in application of these concepts, but rather primarily in context of 'protecting Canada' and integrity of immigration system etc (as they see it, not as outsiders might).

At least, that's how it looks to me and I cannot imagine the IRCC arguing that you were common law throughout and you'll be penalized for a failure to so declare. Frankly, I would find that a tad outrageous. Heck, were that to happen, I might even get my barrister's robes out of mothballs and take your case on judicial review pro bono. It would have to be pro bono, since I have never done an immigration or any Federal Court J/R and I'd probably make a hash of it, but it would be fun to try.
After the additional information, I would overall agree, but not sure that I would be that surprised or consider it 'outrageous' if IRCC were to consider differently or - perhaps more likely - ask for further information. Why not outrageous or surprised? Because it is - admittedly - a subjective interpretation (in either way), without the obvious, reliable, and unambiguous evidentiary basis that an outsider could use to infer intent. Meaning, simply, all anyone is mostly going to have is the 'story' told by the sponsor and applicant.

That said, a few minor thoughts (note, not suggesting anywhere here being untruthful, but you can be your own advocates and present carefully):
-not having seen each other physically for two years or during the period - where originally intended or not (i.e. the pandemic issue) is a really strong point.
-you were exclusive is not a strong point, but you can choose what to emphasize - i.e. those other dates (at family encouragement) do actually count. (pandemic making any kind of dating a challenge is a related point)
-your communication 'weekly if not daily' is in between. Choose your words carefully. I'd say weekly being the base agreed contact frequency is not strong indication of a permanent relationship.
-a thing to think about how to include: common law implies a shared 'household' - that even if residing apart, must continue in some way. Whether that's shared expenses or 'stuff' or responsibilities or ongoing things like shared friends/acquaintances/family. If I get the relationship more accurately this time, and since both sponsor and applicant returned to their respective and separate home countries after, it sounds to me like there was very little or nothing that fits this description (if there was, perhaps only some shared school and/or work friends).

Also it sounds like there was clearly no agreement to eventually actually live together nor decision made on where, and certainly not when. It wasn't excluded, but not a plan.

A different way to think of and frame this: if sponsor and applicant at some point during this period had gone their separate ways, would there be anything at all to 'divide up'? If not, sounds to me like a real split. Find some way to weave these points in.

-as my belief/suggestion is that a letter of explanation (to which you both agree) is advisable, think about how to to make these points - that while you remained in touch and somewhat romantically involved, there absolutely was not a 'continued and continuing household' / relationship that could be considered common law of any sort in this period in between.

Good luck. Hopefully this will go smoothly. Despite my caution, I'm not at all predicting that this WILL be a problem, rather warning that it's not impossible and would/could be very unpleasant if it became one.