Didnt include common law status at the time of PR application

[k.h.p.]

Yes you are right including me in her application doesn't make any difference to her points. But I am just worried if there is any issue in future if we dont declare since we are living together in a relationship.
My partner was already in Canada on a work visa when I was applying so it wouldnt have affected my points if I added her at that time as well since I wont be sponsoring her.
Just confused what to do at this point.

If it wouldn't have affected anything for either of you, a letter of explanation explaining (1) how you thought it was two years, and (2) that there were no points differences, and (3) you wish to correct the record now is probably a good idea. Lying about address history is not.

I imagine that as you are now declaring a common law relationship, the visa officer would want to know when it started if they review address history. Which the may well do.

Please do remember that I'm just a random person on the internet; your question may be better addressed to a lawyer.

 

[Sammy3]

If it wouldn't have affected anything for either of you, a letter of explanation explaining (1) how you thought it was two years, and (2) that there were no points differences, and (3) you wish to correct the record now is probably a good idea. Lying about address history is not.

I imagine that as you are now declaring a common law relationship, the visa officer would want to know when it started if they review address history. Which the may well do.

Please do remember that I'm just a random person on the internet; your question may be better addressed to a lawyer.

I dont have any intention to lie about the address history. I just thought we will declare the start of common law from June 2018 so there wont be any issue that I mentioned single when I applied (that technically is under 12 months).
Should I write a letter of explanation to IRCC or my partner should include the letter when she apply?
I appreciate your thoughts on this.

 

[Wolfpmd3]

They will determine that the common-law relationship began before the first person applied by reviewing the address history of both people, since they will now be listed as common-law.

This may be an issue because the second person would have needed to have been medically and criminally examined as part of the first person's PR application. They were not. Technically this makes the person ineligible to be sponsored - now, I know they're not being sponsored, so that's moot.
ANSWER: No one is sponsorship anyone, so this is not an issue.

However - you ask "how would they know?" They would know by reviewing address history.

ANSWER: Of course NOT! You can live with 20 people under the same roof, does that mean you are in a common-law relationship with either of them or with all of them? Of course not! A common law relationship only exists if you are willing to prove and if you have enough support to prove it. You are not required to do so.

Unless the second person lies on their address history - and when the relationship started - they will know that the common-law relationship began before the first person became a PR and that they should have been declared.
ANSWER: a common-law relationship is not one that you must declare, you can declare it if you have means to proof it. Becasue even if you are, but you can't prove it then you won't be considered as being in one.

Had the first person's PR been dependent on points and had their points decreased with the inclusion of a common-law spouse, then there may an issue.
ANSWER: this is also false. When you marry or your marital status changes after your PR application has been submitted your points are not recalculed. Your CRS remains the same.

See my responses within the quoted text (ANSWER)

 

[Wolfpmd3]

Yes you are right including me in her application doesn't make any difference to her points. But I am just worried if there is any issue in future if we dont declare since we are living together in a relationship.
My partner was already in Canada on a work visa when I was applying so it wouldnt have affected my points if I added her at that time as well since I wont be sponsoring her.
Just confused what to do at this point.

You don't need to lie.

People need to understand the difference between marriage and common-law union.

It's up-to you to declare a common law union, and it's up to you to prove it. If you can't or simply don't want then it does not matter. You don't have to. This is not lying. You don't need to lie about address history, just don't need to declare your common-law relationship if you don't want or need to.

This is usually done to get a benefit such as: applying for PR as a couple or to be able to Sponsor someone.

This is from IRCC: "A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. The onus is on the applicant to prove that they have been living common-law for at least one year before an application is received at CPC-M."

 

[canuck_in_uk]

How would they know? You are already a PR so honestly don't think there's any need for you to prove your common law relationship, there is no way for them to know unless you tell them.

However, since your application was already finalized and you are a PR already, going with common-law as opposed to single will not make a difference for her nor could she be accused of misrepresentation for not claiming to be in a common-law relationship.

Common-law is a de facto relationship (which therefore needs to be proven, and exists as long as you can prove it, nor you are obliged to do so)
Marriage is a de jure relationship, meaning that it has been stablished by law.

Also, changes in marital status from single to married, married to divorced are certainly required to be informed to IRCC, there is no mention from single to common-law. (since you need to be able/willing to prove it to stablish it)

I hope this al helps and provides some clarification.

See this too:
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

A marital status change from single to common-law is 100% required to be reported to IRCC.

You don't need to lie.

People need to understand the difference between marriage and common-law union.

It's up-to you to declare a common law union, and it's up to you to prove it. If you can't or simply don't want then it does not matter. You don't have to. This is not lying. You don't need to lie about address history, just don't need to declare your common-law relationship if you don't want or need to.

This is usually done to get a benefit such as: applying for PR as a couple or to be able to Sponsor someone.

This is from IRCC: "A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. The onus is on the applicant to prove that they have been living common-law for at least one year before an application is received at CPC-M."

It is not a choice whether to declare a common-law relationship or not.

 

[k.h.p.]

You don't need to lie.

People need to understand the difference between marriage and common-law union.

It's up-to you to declare a common law union, and it's up to you to prove it. If you can't or simply don't want then it does not matter. You don't have to. This is not lying. You don't need to lie about address history, just don't need to declare your common-law relationship if you don't want or need to.

This is usually done to get a benefit such as: applying for PR as a couple or to be able to Sponsor someone.

This is from IRCC: "A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. The onus is on the applicant to prove that they have been living common-law for at least one year before an application is received at CPC-M."

No, you do not get to decide if a common-law relationship exists. If there is one, even if you can't prove it with documents, you cannot choose that it does not exist.

 

[canuck_in_uk]

I dont have any intention to lie about the address history. I just thought we will declare the start of common law from June 2018 so there wont be any issue that I mentioned single when I applied (that technically is under 12 months).
Should I write a letter of explanation to IRCC or my partner should include the letter when she apply?
I appreciate your thoughts on this.

Don't lie. Also, pointless since the date that matters is when you landed, not when you applied.

Your partner needs to complete her application honestly, with the actual dates. I wouldn't even bother submitting an explanation. This is not a sponsorship app where it would be a material fact resulting in refusal.

 

[Sammy3]

Don't lie. Also, pointless since the date that matters is when you landed, not when you applied.

Your partner needs to complete her application honestly, with the actual dates. I wouldn't even bother submitting an explanation. This is not a sponsorship app where it would be a material fact resulting in refusal.

You mean the date that considers for common law is landing date? I dont remember the border officer asking about the marital status when I landed. To be honest I didnt know that I had to update IRCC when marital status change after getting PR unless I am sponsoring someone to get PR.

Will there be an issue if we gave June 2018 as the start of common law in her application and explain in a letter saying even though we lived in same address before we became couples on June 2018?
My partner created express entry as single and now she received the ITA, will there be any issue if we change marital status to Common law (non accompanying)
Appreciate the help.

 

[k.h.p.]

See my responses within the quoted text (ANSWER)

The OP has already said that the relationship started in 2017 and that they did not declare it and are asking if they should change address history to avoid the lie being discovered.

 

[canuck_in_uk]

You mean the date that considers for common law is landing date? I dont remember the border officer asking about the marital status when I landed. To be honest I didnt know that I had to update IRCC when marital status change after getting PR unless I am sponsoring someone to get PR.

Will there be an issue if we gave June 2018 as the start of common law in her application and explain in a letter saying even though we lived in same address before we became couples on June 2018?
My partner created express entry as single and now she received the ITA, will there be any issue if we change marital status to Common law (non accompanying)
Appreciate the help.

No. The date for common-law is one year after starting to live together. However, you were required to update IRCC of marital status changes up until you acutally became a PR in Sept 2019, so trying to lie and say it was June 2019 you become common-law still doesn't change the fact that you didn't declare her.

Seriously, just don't lie. Her app is not going to be refused because she was not declared in your app. However, lying about anything in an app is a reason for refusal.

She will need to declare you as her common-law partner in her app. She can explain that she didn't think she needed to in her profile because you are already a PR. As you have zero effect on her CRS score, it's fine.

 

[Sammy3]

The OP has already said that the relationship started in 2017 and that they did not declare it and are asking if they should change address history to avoid the lie being discovered.

I must've explained wrong. I am not trying to change the addresses we lived.

From Sept 2017 - June 2018 - Place A
June 2018 onwards - Place B

I was trying to see if she put in her application that the common law commenced on June 2018 (from Place B). I applied for mine in April 2019 so that makes it less than a year when I was applying so technically shouldn't be an issue that I put single when I applied. But still the fact that I didnt notice IRCC about the change will still be there. All I am worried here is it will affect my partners application and my already approved PR.

 

[Sammy3]

No. The date for common-law is one year after starting to live together. However, you were required to update IRCC of marital status changes up until you acutally became a PR in Sept 2019, so trying to lie and say it was June 2019 you become common-law still doesn't change the fact that you didn't declare her.

Seriously, just don't lie. Her app is not going to be refused because she was not declared in your app. However, lying about anything in an app is a reason for refusal.

She will need to declare you as her common-law partner in her app. She can explain that she didn't think she needed to in her profile because you are already a PR. As you have zero effect on her CRS score, it's fine.

Yes you are right it doesn't have any effect in her application since I am not sponsoring. I am just trying to understand that the fact I mentioned as single in my application in April 2019 will have any issue when my partner files her now by saying I am common law since Sept 2017. Which makes IRCC think why I didn't mention during my application.
Should I send an email to IRCC to update my status now or it should be notified through my partners application?

Appreciate the help.

 

[canuck_in_uk]

Yes you are right it doesn't have any effect in her application since I am not sponsoring. I am just trying to understand that the fact I mentioned as single in my application in April 2019 will have any issue when my partner files her now by saying I am common law since Sept 2017. Which makes IRCC think why I didn't mention during my application.
Should I send an email to IRCC to update my status now or it should be notified through my partners application?

Appreciate the help.

You can't update your status after approval or through your partner's app. Don't do anything. IRCC will not take action against you.

 

[k.h.p.]

I must've explained wrong. I am not trying to change the addresses we lived.

From Sept 2017 - June 2018 - Place A
June 2018 onwards - Place B

I was trying to see if she put in her application that the common law commenced on June 2018 (from Place B). I applied for mine in April 2019 so that makes it less than a year when I was applying so technically shouldn't be an issue that I put single when I applied. But still the fact that I didnt notice IRCC about the change will still be there. All I am worried here is it will affect my partners application and my already approved PR.

As there was no impact on points per your posts, don't panic. The common law relationship started twelve months after you first lived together without interruption - so for you, September 2018.

As there was no impact on points, no one will be refused or major problems. Refusals should only come from misrepresentations that would have changed visa officers decisions. This should not be the case for you.

 

[Garry21]

As there was no impact on points per your posts, don't panic. The common law relationship started twelve months after you first lived together without interruption - so for you, September 2018.

As there was no impact on points, no one will be refused or major problems. Refusals should only come from misrepresentations that would have changed visa officers decisions. This should not be the case for you.

What about people who live in same roof with another 5 people in same address and later become committed to each other as gf bf are they considered common law ? Does living on same address consider common law?