Failed to declare common-law union during landing

[flx2015]

I'm asking this on behalf of a friend. His English is very weak so I'm trying my best to help him out here.

His girlfriend is the sponsor, and he's the applicant. When his girlfriend got her PR a few years back, she had been in a common-law relationship for over 1 year. However, due to some kind of misunderstanding, she failed to declare her boyfriend as her common-law partner during the landing process. Apparently his girlfriend didn't realize that it was necessary to declare common-law partners. Fast forward a couple of years, she filed an app to sponsor her boyfriend. He now got a letter from the VO saying that although their relationship is genuine, he does not qualify to be sponsored since his girlfriend didn't declare him at the time of her landing.

Is there anything that can be done here?

 

[scylla]

They have two options at this point:

1) He finds a way to immigrate on his own (e.g. through an economic immigration stream like Express Entry).
2) She gives up her PR status and they apply together for PR from scratch through an economic stream.

Family sponsorship is out since she failed to declare him. His application was correctly refused.

 

[flx2015]

They have two options at this point:

1) He finds a way to immigrate on his own (e.g. through an economic immigration stream like Express Entry).
2) She gives up her PR status and they apply together for PR from scratch through an economic stream.

Family sponsorship is out since she failed to declare him. His application was correctly refused.

That's tough. I feel bad for him as he's now married and has a newborn son to take care of, so he doesn't want to be separated from his wife. He's open to reapplying, but is there any way he can do that whilst remaining in Canada with his wife?

 

[canadausa#11]

So she got her PR through an economic stream to begin with?

 

[flx2015]

So she got her PR through an economic stream to begin with?

No, she came in through the provincial nominees program.

 

[Rob_TO]

That's tough. I feel bad for him as he's now married and has a newborn son to take care of, so he doesn't want to be separated from his wife. He's open to reapplying, but is there any way he can do that whilst remaining in Canada with his wife?

If he qualifies to apply independently through one of the existing economic streams, he'll need to maintain status some other way in order to stay in Canada (i.e. under a separate visitor, study or work visa). Having a partner and child in Canada doesn't give him any status.

If he doesn't qualify under another stream, then if they choose the option for his partner to give up her own PR status and start again from scratch, once she's no longer a PR she may also need to leave Canada if she can't stay here on some other status.

 

[flx2015]

If he qualifies to apply independently through one of the existing economic streams, he'll need to maintain status some other way in order to stay in Canada (i.e. under a separate visitor, study or work visa). Having a partner and child in Canada doesn't give him any status.

If he doesn't qualify under another stream, then if they choose the option for his partner to give up her own PR status and start again from scratch, once she's no longer a PR she may also need to leave Canada if she can't stay here on some other status.

Alright, I'll try explaining that to him.

One last thing: I read the letter he got from the VO, and it seems as though he hasn't actually been rejected yet. They're asking him to provide additional docs to prove that he's a member of the common-law group. Given that they've already stated that he doesn't meet the requirements to fall under common-law since his sponsor didn't declare him at her landing interview, I don't quite understand what the VO is expecting him to send.

 

[Bautroibinhyen]

That's tough. I feel bad for him as he's now married and has a newborn son to take care of, so he doesn't want to be separated from his wife. He's open to reapplying, but is there any way he can do that whilst remaining in Canada with his wife?

If they ask for addictional documents then give them marriage certificate , photo , Dna text( if nessessary ) , letter from friends, relative for proving their real relationship etc ....just give them extra even they don't ask ,

If something bad happen then ask them for a full hearing based on humanitarian and compassionate reasons

Good luck to your friend,

 

[kiwi2016]

Hi, I don't know much about spousal sponsorship, however I'm wondering if he they can't just say they're married, as you said they're now married... seeing he doesn't qualify as common law now... maybe married would put him in a different category and override the technicality of not being declared as common law?

I mean, they sound genuine, there surely there has to be a work around?? There's plenty of people who aren't genuine and get spousal sponsorship...

 

[canadausa#11]

Hi, I don't know much about spousal sponsorship, however I'm wondering if he they can't just say they're married, as you said they're now married... seeing he doesn't qualify as common law now... maybe married would put him in a different category and override the technicality of not being declared as common law?

I mean, they sound genuine, there surely there has to be a work around?? There's plenty of people who aren't genuine and get spousal sponsorship...

No that would not work

 

[scylla]

If something bad happen then ask them for a full hearing based on humanitarian and compassionate reasons

Nope. Cases were a dependent has been excluded don't qualify for H&C. An H&C application will fail.

If anything - this might bring increased focus to the fact the applicant misrepresented their status at landing and put their own PR status in jeopardy.

See my original answer back on March 8th for the ONLY options available.

 

[Aquakitty]

If they ask for addictional documents then give them marriage certificate , photo , Dna text( if nessessary ) , letter from friends, relative for proving their real relationship etc ....just give them extra even they don't ask ,

If something bad happen then ask them for a full hearing based on humanitarian and compassionate reasons

Good luck to your friend,

Humanitarian and compassionate is a waste of time, because that's only for members of the family class. Because he was not declared, he'd not be considered a member of the family class in the first place.

They probably just want the extra docs to be sure of the refusal, as they always send a doc request first, not an outright refusal.

 

[scylla]

Hi, I don't know much about spousal sponsorship, however I'm wondering if he they can't just say they're married, as you said they're now married... seeing he doesn't qualify as common law now... maybe married would put him in a different category and override the technicality of not being declared as common law?

Nope again. CIC closed this loop hole ages ago. See my response from March 8th for the only viable options.

 

[phamhainguyen68]

Hi, I don't know much about spousal sponsorship, however I'm wondering if he they can't just say they're married, as you said they're now married... seeing he doesn't qualify as common law now... maybe married would put him in a different category and override the technicality of not being declared as common law?

I mean, they sound genuine, there surely there has to be a work around?? There's plenty of people who aren't genuine and get spousal sponsorship...

I thought that would be the solution as well, by changing from Common-law to Spousal category. But as per Skylla's statement, CIC has closed this loop long ago. Actually, your friend should have applied under Spousal category from the begin.

 

[canadausa#11]

I thought that would be the solution as well, by changing from Common-law to Spousal category. But as per Skylla's statement, CIC has closed this loop long ago. Actually, your friend should have applied under Spousal category from the begin.

No, from what I gather his friend got PR through an economic stream, should have added her common la parter onto her application. They couldn't have done spousal.