Error made when sending PR App

[Nebukadnezu]

Hi guys,

I do have an important question and couldn't find any answer so far in the web.
Hopefully some of you have a little information for me. I really would appreciate any experiences and/or information shared.

So here it comes:
I have PR Status and would like to sponsor my common-law partner. She is from Germany (so am I) and she has already be living legally in Canada for 3 years. For over 2 years we have been living together in Canada and should have enough evidence for it.
Her visa expires in January 2013 and she won't be able to extend it or run under the Expierenced Class, that's why I would like to sponsor her.
My biggest concern is that I didn't file her at all when I did my PR Application in 2011/2012. There is one form (I think it is the background declaration) where you had to sign to certify that you do not have a common-law partner. I signed although we have been a couple at that point.

Do you think our sponsorship application will be refused because of that?
If so, is there anything we could do?

Thank you very much!

 

[Rob_TO]

What's the exact date you mailed in your own PR application in 2011... and what's the exact date you officially became common-law (living together in relationship for 1 year)?

If you weren't officially at common-law status on the day you mailed in your own PR app i don't think you need to worry. They wouldn't care about someone you were just dating at the time.

However if you were common-law and you didn't state it properly on the Generic Application form... that could be a problem.

 

[Sweden]

However if you were common-law and you didn't state it properly on the Generic Application form... that could be a problem.

That's very "diplomatic" - if you were common-law (as defined by CIC: living together for at least 12 months) before you landed as a PR and you did not declare her at that time, you can NEVER sponsor her.

Hope that's not your case - if it is, then your partner would have to qualify on her own to stay in Canada, under experience class maybe, or skilled worker. It's a longer process, but the only alternative if you didn't declare her at that point.

Good luck,
Sweden

 

[Nebukadnezu]

My PR was received by the visa office in Buffalo, USA August 22nd 2011.
We have been a couple since August 8th 2010, so we have been together for a year already when they received it.
But, who knows the exact date except of us? We could just change our date, as long as it is still one year that we have been together.

 

[Nebukadnezu]

That's very "diplomatic" - if you were common-law (as defined by CIC: living together for at least 12 months) before you landed as a PR and you did not declare her at that time, you can NEVER sponsor her.

Hope that's not your case - if it is, then your partner would have to qualify on her own to stay in Canada, under experience class maybe, or skilled worker. It's a longer process, but the only alternative if you didn't declare her at that point.

Good luck,
Sweden

Well, what if I met her AFTER I sent in my application? Let's say August 2011 instead of 2010. Who will know? Maybe we have just been dating.

 

[Sweden]

If you've been living together and not declare it, and now try and change the date - that's called misrepresentation and that will put your own PR at risk, as well as hers. So I would definitely not advise it.
While applying to sponsor her, you will have to provide a lot of proofs of when you started dating, when you moved in together, when you qualify as a common-law, and the proofs of renting contract etc. She will also have to list all the addresses she has lived in for the last 10 years. And you probably had to do the same for your own PR. So - there is a risk that CIC will find out about it. I would not advise to lie on your application.... if you choose to hide some facts, be prepared for the consequences, and I would advise to seek legal advice before you start anything like this.

Good luck,
Sweden

 

[Rob_TO]

Sorry i should have said on the date you landed in Canada... not the date you sent in the application.

CIC clearly states here: http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp
All your family members, whether accompanying you or not, must be declared on your application and be examined. If family members are not examined, it is generally not possible to sponsor them at a later date.
Family members include a spouse, a common-law partner...

So i believe if you were a common-law couple at the time you landed, technically you would have had to update CIC of your status and get your common-law spouse included in the application else she could never be sponsored in the future. However if this is only a matter of a couple of weeks... you are right that it's not too difficult to state the official date of common-law status as it suits you, though it could be risky depending on the proofs and history you include. If you are talking about fudging a year or so of dates, that is just asking for trouble and as mentioned your own PR could be in danger due to misrepresentation.

 

[rachiy]

My PR was received by the visa office in Buffalo, USA August 22nd 2011.
We have been a couple since August 8th 2010, so we have been together for a year already when they received it.
But, who knows the exact date except of us? We could just change our date, as long as it is still one year that we have been together.

So you have been a couple since Aug 8 2010, but when did you start living together? If you had been dating for more than a year but living together for less than 12 months at the time you applied for PR then technically (according to CIC's definition of common law) you you should be OK.

 

[Nebukadnezu]

OK, I see that this is an issue. I do not want to lie but I don't see how else she could stay in the country.

I became a PR in March 2012.
Well the thing is that both of us came to Canada with an work and travel visa. We both worked and lived on the same guest ranch and so we always shared the same address ever since we came to Canada. But we haven't been a couple for the whole time.
We just slowly figured out that this might be a serious relationship and neither one of us exactly knows which date we should choose as a "start-date" for the relation. So we decided for us August 8th because it was easy to remember...

 

[Rob_TO]

OK, I see that this is an issue. I do not want to lie but I don't see how else she could stay in the country.

I became a PR in March 2012.
Well the thing is that both of us came to Canada with an work and travel visa. We both worked and lived on the same guest ranch and so we always shared the same address ever since we came to Canada. But we haven't been a couple for the whole time.
We just slowly figured out that this might be a serious relationship and neither one of us exactly knows which date we should choose as a "start-date" for the relation. So we decided for us August 8th because it was easy to remember...

You might be ok. "Common-law" is not just based on when you started living together, its when you began living together as a committed/conjugal couple. So if you were living together but weren't a couple yet, this does NOT count towards your common-law 12-months timeline.

In your case, if you landed in March 2012, the only way her application will work is if you officially became a couple living together in April 2011 (or later), which means you would get official common-law status in April 2012 after you landed so would be ok as you would have been single when you landed in the eyes of CIC.

 

[Nebukadnezu]

You might be ok. "Common-law" is not just based on when you started living together, its when you began living together as a committed/conjugal couple. So if you were living together but weren't a couple yet, this does NOT count towards your common-law 12-months timeline.

In your case, if you landed in March 2012, the only way her application will work is if you officially became a couple living together in April 2011 (or later), which means you would get official common-law status in April 2012 after you landed so would be ok as you would have been single when you landed in the eyes of CIC.

You think that would work? Isn't it so that I would have to inform CIC when I get into a realtion with a girl during my application? Or do I only have to inform them when I was together with a girl for 1 year or over during my application?

How strict is CIC in these things?

 

[Rob_TO]

You think that would work? Isn't it so that I would have to inform CIC when I get into a realtion with a girl during my application? Or do I only have to inform them when I was together with a girl for 1 year or over during my application?

How strict is CIC in these things?

CIC doesn't care about people you are dating, or even if you're dating and living with someone for less than 1 year. They ONLY care when you have official common-law status with someone since then you are no longer single. And as mentioned, this is exactly 1 year of living with someone in a committed conjugal relationship.

The whole common-law definition is a bit strange in cases like yours, where 2 people meet as roommates and sharing the same address, but don't become a couple until later on. The specific date the 2 people become an "official" couple and the clock starts ticking to common-law status, is really up to the couple as there is no definitive proof.

In your case what you would need to show is you became an actual couple around April 2011 so hopefully for you this is close to the way is actually happened. Proof would need to include lots of certified testimonials from friends/family/other roommates stating when you became a couple, and detailed relationship essays by the 2 of you explaining how your relationship evolved.

 

[Sweden]

CIC doesn't care about people you are dating, or even if you're dating and living with someone for less than 1 year. They ONLY care when you have official common-law status with someone since then you are no longer single. And as mentioned, this is exactly 1 year of living with someone in a committed conjugal relationship.

The whole common-law definition is a bit strange in cases like yours, where 2 people meet as roommates and sharing the same address, but don't become a couple until later on. The specific date the 2 people become an "official" couple and the clock starts ticking to common-law status, is really up to the couple as there is no definitive proof.

In your case what you would need to show is you became an actual couple around April 2011 so hopefully for you this is close to the way is actually happened. Proof would need to include lots of certified testimonials from friends/family/other roommates stating when you became a couple, and detailed relationship essays by the 2 of you explaining how your relationship evolved.

Indeed - you will need to be extra careful with the way you word your application and all the details, because other applicants have gotten into troubles for that. It might be worth getting a professional reviewing your application - put it together yourself, but maybe have somebody go over it, and stress carefully when you became a couple etc. Explain the situation where you were living together as flatmates, but mention that you were also sharing with other people, and get declarations and proofs of that. If you were living together with other people, CIC will be less suspicious that you are trying to "hide" a previous common-law relationship.

Good luck,
Sweden

 

[Nebukadnezu]

CIC doesn't care about people you are dating, or even if you're dating and living with someone for less than 1 year. They ONLY care when you have official common-law status with someone since then you are no longer single. And as mentioned, this is exactly 1 year of living with someone in a committed conjugal relationship.

The whole common-law definition is a bit strange in cases like yours, where 2 people meet as roommates and sharing the same address, but don't become a couple until later on. The specific date the 2 people become an "official" couple and the clock starts ticking to common-law status, is really up to the couple as there is no definitive proof.

In your case what you would need to show is you became an actual couple around April 2011 so hopefully for you this is close to the way is actually happened. Proof would need to include lots of certified testimonials from friends/family/other roommates stating when you became a couple, and detailed relationship essays by the 2 of you explaining how your relationship evolved.

Well, that makes totally sense to me. I just wasn't sure wether you can or can not have a girlfriend during your application is in process without having to notify CIC.