Few questions on outland application for spousal sponsorship

[scylla]

I have never been asked if I have a common law partner or not. All I was asked was:


So I thought including my girlfriend in my PR application would not be a good idea for both of us. What do you think?

I missed the fact that you failed to declare your common law partner in your PR application. In that case you unfortunately can never sponsor her (as canuck_in_uk explained). Yes - you were asked about spouses / common law partners in your original application. It was mandatory that you include your girlfriend since you have been living together for so long and are common law. It was also mandatory that she complete a medical and background/security checks as part of your application. She will have to qualify to immigrate on her own. You cannot sponsor her.

 

[tannguyen]

Thank you guys! Just broke my heart for a minute.
So it is recommended in my sponsorship application that I would consider her as a girlfriend, not as a common law partner since I had no intend to marry her anytime before our marriage. Would that make a difference? Please let me know!

 

[tannguyen]

Insert Quote

Thank you guys! Just broke my heart for a minute.
So it is recommended in my sponsorship application that I would consider her as a girlfriend, not as a common law partner since I had no intend to marry her anytime before our marriage. Would that make a difference? Please let me know!

 

[scylla]

Insert Quote

Thank you guys! Just broke my heart for a minute.
So it is recommended in my sponsorship application that I would consider her as a girlfriend, not as a common law partner since I had no intend to marry her anytime before our marriage. Would that make a difference? Please let me know!

No - it doesn't make a difference. You were common law as soon as you lived together for a year. It doesn't matter what you call her or whether you planned to marry her or not. CIC classifies her as your common law partner for immigration purposes and it was mandatory that you include her in your application. I'm sorry. The answer remains the same. You can't sponsor her - she will have to qualify to immigrate on her own.

 

[Ponga]

Thank you guys! Just broke my heart for a minute.
So it is recommended in my sponsorship application that I would consider her as a girlfriend, not as a common law partner since I had no intend to marry her anytime before our marriage. Would that make a difference? Please let me know!

I'm afraid that you still don't understand.

Even though you say that you had no intentions to marry her when you were living together, the fact is...you were a common-law couple, no matter what you `thought' at the time. For this reason, you can never sponsor her...unless you tried to [somehow] cover up that fact which would likely turn into a big mess and could even strip you of your PR, because you basically committed misrepresentation by landing as a PR as a single person, when you truly had this common-law partner.

So sorry that you're now in this situation. Good luck to you both.

 

[tannguyen]

Thank you guys! That's just sad.
I am having my landing interview in 2 weeks. Should I tell the truth at the interview or not? I am afraid that my girlfriend will be issued a deportation letter and I think its not good to have that letter in any circumstances.
Another way is just to be as mush honest as possible when I do my sponsorship application. I would write a letter to cic and explain everything. Hopefully they will understand and consider my case.

 

[scylla]

You should have mentioned earlier that you haven't landed yet.

If you tell CIC that you have a common law partner when you are landing - you will be refused landing since your common law partner has not been included in your application and your PR visa is therefore not valid. If you say nothing at landing - you won't be able to sponsor your girlfriend later (there is no letter you can write to change this).

Since you haven't landed, your only real hope is to return your PR visa and let CIC know that you are common law. Along with returning your PR visa, you should send all of the paperwork to add your common law partner to your application. She will then have to go through the medical and background check. Once CIC has complete their review of her documents, they will issue a new PR visa for both of you.

 

[tannguyen]

So its best not to mention that we have been living together for 4 years in a conjugal relationship. I might just say we lived together for sometime and then we moved in together at a place so that till now its not fully a year yet. Will that help?

 

[canuck_in_uk]

So its best not to mention that we have been living together for 4 years in a conjugal relationship. I might just say we lived together for sometime and then we moved in together at a place so that till now its not fully a year yet. Will that help?

You really should have mentioned that you are not yet a PR. That is pretty bloody important fact.

What you proposed to do is misrepresentation, fraud, a crime; it could result in your PR being revoked and you being banned from Canada. Your only option is to contact CIC now, return your COPR/visa and add your common-law partner to your app.

 

[tannguyen]

Thank you so much!
If I return my COPR now and mention about my girlfriend in my application, would that affect my girlfriend at all? Will she be ordered to leave Canada?
Canada doesn't have exit control. So what if we don't mention my girlfriend's overstay? Saying we knew each other then she left Canada. Would cic be able to find out if she overstays or not? Please give me as much advice as possible since I really need it. Thank you!

 

[canuck_in_uk]

If I return my COPR now and mention about my girlfriend in my application, would that affect my girlfriend at all? Will she be ordered to leave Canada?
Canada doesn't have exit control. So what if we don't mention my girlfriend's overstay? Saying we knew each other then she left Canada. Would cic be able to find out if she overstays or not? Please give me as much advice as possible since I really need it. Thank you!

Yes, she might be ordered to leave Canada. No one can say what will happen. CIC will know that she is here illegally; it isn't the least bit difficult for them to realize that she entered Canada once many years ago and then never again. Saying anything else in the app would, again, be misrepresentation; it would be found out and you could expect your PR app to be denied and both of you ordered to leave Canada.

 

[Aquakitty]

Thank you so much!
If I return my COPR now and mention about my girlfriend in my application, would that affect my girlfriend at all? Will she be ordered to leave Canada?
Canada doesn't have exit control. So what if we don't mention my girlfriend's overstay? Saying we knew each other then she left Canada. Would cic be able to find out if she overstays or not? Please give me as much advice as possible since I really need it. Thank you!

One thing i know a lot about is overstay. Now, Canada isn't usually breaking down your door to haul your illegal spouse away like you hear of in the US.

Thank goodness you haven't finalized your PR yet, this might be salvageable. Is your partner from a visa-req country? Is it possible for her to go back for a bit and reset this whole mess?

I would then return the PR asap, I'm not sure of the rules about a PR that was acquired "inaccurately" but I'm guessing you just give it back then restart the process by including your spouse. I ask someone in the know, is it necessary to say anything about why he is returning the PR?

As for the overstay in the app, all we did was tell the truth, by putting all the exact dates he was living in Canada. THere is only one question where they actually ask about the person's status in Canada, and be truthful there. You don't have to write an explanation about the overstay, just put down the true dates. They can do the math.

It would really help if she can reset her status by returning to her country for a bit, if that's possible.

 

[canuck_in_uk]

I would then return the PR asap, I'm not sure of the rules about a PR that was acquired "inaccurately" but I'm guessing you just give it back then restart the process by including your spouse. I ask someone in the know, is it necessary to say anything about why he is returning the PR?

He would not be withdrawing the PR application and restarting the process. He would need to return the COPR/visa and add his common-law partner to the current PR app. He will most definitely need to explain the situation.

 

[Aquakitty]

He would not be withdrawing the PR application and restarting the process. He would need to return the COPR/visa and add his common-law partner to the current PR app. He will most definitely need to explain the situation.

So when you return a COPR the app is still active? Interesting. Then yes a well thought out explanation is absolutely necessary.

Good luck bud! I hope you get this figured out.

 

[tannguyen]

Thank you so much everyone for giving me this extremely valuable info. I was going to be gonest in my sponsorship app but it seems now that i cant be 100% honest. Only thing is I have to make sure my girlfriend and I are not common law partners. Then we should be fine right? The overstaying part is what im worried about! God blesses me then! Thank you so much!