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amairena95

Hero Member
Apr 19, 2017
616
184
hi @legalfalcon i got a question about changing my common-law spous status to a sowp based on my own pgwp. she currently holds her own pgwp.
at the time of application for her pgwp we were not common-law. as such she applied single. at the time of application of my own pgwp, we were still not common law, as such i applied single. my pgwp got approved just days after we 'oficially' had one year of living together but i did not realize at the time i had to update my status (i did not even know about common law rules, and we even filed taxes as single which were amended later once we realized the mistake).

according to the cic website "A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship" -- at the time, we had the rental leases that would have marked one year, but no further proof (no tax assesments yet, and no beneficiary info yet as saskatchewan takes two years for common law). we applied for PR together as common law of course, stating the start of common law as sept 2018 (same month my pgwp got approved) and provided all the proof for our pr app.

thus far, our pr app has passed eligibility and is just pending criminality (after rcmp request/submission).
two questions:
1. should i mention this mistake (the failure to update to common law for my pgwp, and a subsequent trv) in our current pr app? i honestly did not know about common law rules.
2. does the failure to update to common law in my pgwp make my partner eligible for a sowp, given that we were legally not considered common law at the time of application and only became common law in the same days as my pgwp was approved?

thanks in advance for your response
 

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
hi @legalfalcon i got a question about changing my common-law spous status to a sowp based on my own pgwp. she currently holds her own pgwp.
at the time of application for her pgwp we were not common-law. as such she applied single. at the time of application of my own pgwp, we were still not common law, as such i applied single. my pgwp got approved just days after we 'oficially' had one year of living together but i did not realize at the time i had to update my status (i did not even know about common law rules, and we even filed taxes as single which were amended later once we realized the mistake).

according to the cic website "A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship" -- at the time, we had the rental leases that would have marked one year, but no further proof (no tax assesments yet, and no beneficiary info yet as saskatchewan takes two years for common law). we applied for PR together as common law of course, stating the start of common law as sept 2018 (same month my pgwp got approved) and provided all the proof for our pr app.

thus far, our pr app has passed eligibility and is just pending criminality (after rcmp request/submission).
two questions:
1. should i mention this mistake (the failure to update to common law for my pgwp, and a subsequent trv) in our current pr app? i honestly did not know about common law rules.
2. does the failure to update to common law in my pgwp make my partner eligible for a sowp, given that we were legally not considered common law at the time of application and only became common law in the same days as my pgwp was approved?

thanks in advance for your response

1. Yes, you should update your family composition and it should be consistent on all applications, PR, TRV etc.

2. If you did not include or declare that you has a common law partner in your PGWP, then you cannot add apply for for a SOWP, unless you show that you your family composition changes after you submitted your application.
 

amairena95

Hero Member
Apr 19, 2017
616
184
1. Yes, you should update your family composition and it should be consistent on all applications, PR, TRV etc.

2. If you did not include or declare that you has a common law partner in your PGWP, then you cannot add apply for for a SOWP, unless you show that you your family composition changes after you submitted your application.

Hi @legalfalcon thanks for the response.

1. my family composition is correct for my pr app (common law) so i should just raise a webform about the mistake in the previous trv app right?
2. my partner and I started living together in september 1, 2018. I applied for my pgwp in May 2019, as such, we had not yet completed one year of cohabitation (we have proof, our lease only started together in sept 2018, so it should not be hard). so in that sense, the family composition changed *after* i applied for my pgwp, but a few days before it was approved (as it was approved sept10). given that at the time i applied for pgwp we were legally single (not common law) would that make her eligible for sowp?
3. we are getting married next month in alberta-- would it be safer if we wait to apply for the sowp as married instead


thanks again.
 

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon thanks for the response.

1. my family composition is correct for my pr app (common law) so i should just raise a webform about the mistake in the previous trv app right?
2. my partner and I started living together in september 1, 2018. I applied for my pgwp in May 2019, as such, we had not yet completed one year of cohabitation (we have proof, our lease only started together in sept 2018, so it should not be hard). so in that sense, the family composition changed *after* i applied for my pgwp, but a few days before it was approved (as it was approved sept10). given that at the time i applied for pgwp we were legally single (not common law) would that make her eligible for sowp?
3. we are getting married next month in alberta-- would it be safer if we wait to apply for the sowp as married instead


thanks again.

1. yes

2. you can explain it in the webform.

4. that would be the best and most ideal.
 

amairena95

Hero Member
Apr 19, 2017
616
184
1. yes

2. you can explain it in the webform.

4. that would be the best and most ideal.

awesome thanks. so to recap (sorry for so many messages, this has had me really worried all day)
1. i will raise a webform to acknowledge the mistake in a previous trv where I should have stated common law, but stated single and explain that i was not aware of it (even our tax forms for that year were wrong, which we amended later, and i can show proof of ammendment).
2. get married and apply for sowp after marriage certificate is received (this is just in case our pr app is not approved by then, our eligiblity is already passed, cec december 25).

does that sound like a good course of action @legalfalcon ? sorry ill try to not bother too much after this!
 

Vikram_kumar123

Hero Member
Feb 24, 2020
262
68
Hi, what is wrong with your LOE and work experience?
Actually, there was no difference, but somehow case analyst was confused. As per GCMS notes- Case analyst mentioned that - Defined work-period in application does not coincide with the work-period defined in LOE. However, everything is matching exactly. Not sure, how to handle this, but I have submitted another webform and tried to explain again the same thing
 

upon

Champion Member
Jan 23, 2020
1,640
358
Winnipeg
Actually, there was no difference, but somehow case analyst was confused. As per GCMS notes- Case analyst mentioned that - Defined work-period in application does not coincide with the work-period defined in LOE. However, everything is matching exactly. Not sure, how to handle this, but I have submitted another webform and tried to explain again the same thing
Yeah, that’s silly then. Hope we all get through soon.
 

Mansourhex13

Member
Feb 18, 2020
11
0
@legalfalcon
Good morning
I ordered notes and I have found this written on a single page ( can’t upload pictures)

Pages 65 to 106 are withheld pursuant to section
16(2)(c)
Of the Access to Information Act

But my status are like that
FSW/O/AOR: Dec2020
Eligibility: Not started
Security: Not started
Criminality: Passed
Medical: Passed
Info Sharing: Complete

My question: How come I’m in security screening and my eligibility didn’t start?
 

îleless

Hero Member
Jan 23, 2021
232
85
@legalfalcon
Good morning
I ordered notes and I have found this written on a single page ( can’t upload pictures)

Pages 65 to 106 are withheld pursuant to section
16(2)(c)
Of the Access to Information Act

But my status are like that
FSW/O/AOR: Dec2020
Eligibility: Not started
Security: Not started
Criminality: Passed
Medical: Passed
Info Sharing: Complete

My question: How come I’m in security screening and my eligibility didn’t start?
When were your notes generated pls? And what's your VO?
 

abqalhamairi

Hero Member
Jun 23, 2019
502
355
@legalfalcon
Good morning
I ordered notes and I have found this written on a single page ( can’t upload pictures)

Pages 65 to 106 are withheld pursuant to section
16(2)(c)
Of the Access to Information Act

But my status are like that
FSW/O/AOR: Dec2020
Eligibility: Not started
Security: Not started
Criminality: Passed
Medical: Passed
Info Sharing: Complete

My question: How come I’m in security screening and my eligibility didn’t start?
Who said you are in security screening? Your security check has not started yet?
 
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