didnt declare partner as common law will affect sponsorship?

[iarblue]

5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?
According to case law, the definition of 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 without legally breaking the cohabitation. For example,
a couple may have been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at present (see also 5.44
for information on persecution and penal control). Despite the break in cohabitation, a commonlaw
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, such as visits,
correspondence, and telephone calls.
This situation is similar to a marriage where the parties are temporarily separated or not
cohabiting for a variety of reasons, but still considers themselves to be married and living in a
conjugal relationship with their spouse with the intention of living together as soon as possible.
For common-law relationships (and marriage), the longer the period of separation without any
cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still
exists.

 

[canadianwoman]

After my husband's PR application was refused, I started reading immigration appeal cases on REFLEX and CANLII. There are many cases where the spouse or common-law partner was not declared when landing, and on appeal these cases always lose.
There is a recent case on this forum where the applicant, desperate to prove the relationship was genuine, inadertently included evidence that they had ben living together for a year before landing. As soon as the visa officer found out, he was rejected. I can't remember who it was - Robsluv?
If I were you, I'd - for either a spousal sponsorship or a skilled immigrant - just lie about the period of cohabitation.

 

[sbwv09]

other scenarios:
1. would it help if we say we lived with another person? so it was just not the 2 of us? would they ask for proofs?
2. can we say we lived together but we were not a couple until later (in less than a year living together)?
3. if we dont say we lived together, would they need proof that we didn't? what are good proofs that we can come up with?

1-- Something you could do if you had friends/family who were willing to write notarized statements saying as such
2-- Possible but might be hard to prove
3-- Leases on separate places, letters as per number 1 from friends/family

I figure though, if you don't show any proof of having lived together, they won't really pursue where you lived before unless you put the same address on the application (you have to list everywhere you have lived since you were 18) . You can say that you lived together, just not for a year's period.

As canadianwoman and others have said, it's really important to realize that pretty much every scenario where they find out you had a spouse, common law partner or child you didn't declare to them when you landed as a PR is rejected on appeal. I read CanLII too.. too much, hubby says!

 

[leslieteh09]

thanks all...

how about this:

will it matter if we lived together for more than a year, but at the time that i was applying, i was living in a different address? (with documentation as back up incase they ask)? will we still be considered common law in this case? even if yes, would it matter - please note we are opting for a skilled immigration application (not sponsorship)..(I thnk i should post this under skilled immigrant category ;D).

 

[sbwv09]

So saying like you were common law and then broke up and lived separately before your PR? I suppose that could work, just be sure in the application to explain that you 'broke up' and lived apart and once you went to Canada you began a long distance relationship again.

 

[iarblue]

Have fun with that lol just apply as common law state the dates you were together and when you were applying for your PR you lived somewhere else for reasons (what ever they are)

 

[suenim]

So saying like you were common law and then broke up and lived separately before your PR? I suppose that could work, just be sure in the application to explain that you 'broke up' and lived apart and once you went to Canada you began a long distance relationship again.

That could still cause problems because it could be viewed as a dissolution of convenience (even of course if that's not what you intended). If the they look at the dates of cohabitation etc and after you land in Canada, you are now trying to sponsor him.

 

[canadianwoman]

I agree it will be seen as a breakup of convenience. What kind of evidence do you have that you were living together for a year? I agree that if you have a year lease with both your names on it, it is going to be hard to get around. If not, though...

 

[leslieteh09]

hi canadian woman - no we dont have a lease under both our names, it was always under his name. he is going to apply as a skilled immigrant with me declaring as his wife. my worry is he will be indicating his addresses for the past 10 years in his application. would the immigration office still check go to my application ? they might see that i indicated the same address as his. would that be a problem even if he applies as a skilled immigrant?

 

[canadianwoman]

If you are listed as his wife, they will almost certainly check your application. What country are the two of you from?

 

[curiousgal]

Hi I just want to ask. Is the statutory form declaration of common law a requirement for a working visa applicant being in a common law relationship? My common law partner is coming to Canada alone as a skilled worker so I’m not really sure if it’s a requirement or it Can be submitted by the Time he will sponsor me and our children in the future.

Thanks

 

[scylla]

Hi I just want to ask. Is the statutory form declaration of common law a requirement for a working visa applicant being in a common law relationship? My common law partner is coming to Canada alone as a skilled worker so I’m not really sure if it’s a requirement or it Can be submitted by the Time he will sponsor me and our children in the future.

Thanks

He needs to declare you as his common law partner now. Saying he's single is misrepresentation and will create issues later.

 

[curiousgal]

He needs to declare you as his common law partner now. Saying he's single is misrepresentation and will create issues later.

Thank you for the reply. Does he need to submit the statutory declaration form of common law union or just the marital status from the TRV temporary Resident visa form?

 

[Cezjo31]

hi canadian woman - no we dont have a lease under both our names, it was always under his name. he is going to apply as a skilled immigrant with me declaring as his wife. my worry is he will be indicating his addresses for the past 10 years in his application. would the immigration office still check go to my application ? they might see that i indicated the same address as his. would that be a problem even if he applies as a skilled immigrant?

Hi I wondered what happened to your case? Did you ended up here in Canada?