Help Please About Marital Status

[hopefulheart12]

Hello Beautiful People!

I am newbie here and badly need your kind assistance, in regards to marital status, please see below for your reference;

My boyfriend, my daughter nd I got visitor visa to Canada last 2015 and visited my sister in Canada same year. However, now I will be applying for student permit and I shall declare him as common law.

However, I think we are in trouble as what we ticked in the application for visitor visa for my boyfriend is single and did not include his 2 kids in the visitor visa application form. As we are confused when filling the application. He is already separated for 6 years with ex wife however not legally separated yet. We are not common law yet that time as he works in the other country. Also his petition to annul his marriage has just filed 3 months ago.

What is the option to overcome this situation.

Your response will be appreciated from the bottom of my heart.

God bless!

 

[IvoryX]

Hello Beautiful People!

I am newbie here and badly need your kind assistance, in regards to marital status, please see below for your reference;

My boyfriend, my daughter nd I got visitor visa to Canada last 2015 and visited my sister in Canada same year. However, now I will be applying for student permit and I shall declare him as common law.

However, I think we are in trouble as what we ticked in the application for visitor visa for my boyfriend is single and did not include his 2 kids in the visitor visa application form. As we are confused when filling the application. He is already separated for 6 years with ex wife however not legally separated yet. We are not common law yet that time as he works in the other country. Also his petition to annul his marriage has just filed 3 months ago.

What is the option to overcome this situation.

Your response will be appreciated from the bottom of my heart.

God bless!

1. Common law
- The basic definition of common-law in the context of immigration law is a couple in a marriage-like relationship for at least one year at the time of application. If at the time of visitor application in 2015, you didn't meet this definition, but yes now (at the time of student permit application), it is absolutely fine. Just state the facts. If you were C/L at the time of visa application last yr, you need to explain it due to the lack of knowledge and confusion of marital status.
- The nature of C/L requires the relationship to be exclusive. If your BF has been separated from his ex for 6 yrs, there is no problem there that even if he is still legally married. If he has a separation agreement, it will help to explain the situation easily; but if not, you still can explain it depending on your circumstances.
- Now that you want to list him as a C/L, you don't really need to proof that your are C/L with much evidence. Having said that, if you or your BF misrepresented yourselves in the visa applications with regards to your C/L relationship, you need to correct this now with evidence.

2. BF's 2 children not declared in the first visitor visa application
This does constitute misrep. However people do make mistakes sometimes for various reasons. In addition, officers also consider if any benefit has been gained from misrep. In other words, if your BF would not get a visa had he declared 2 children? This is an argument to make, but not to say it was no misrep.
I always believe, the best policy is to be honest. In the new application, explain why children were not included, and what the circumstances was. Make an apology.

I can't guarantee there is no consequences to admission to this. No one can! But i know for sure, in the long run, if you have further immigration plans in Canada, for instance, any PR application under any IMM streams, you are better off the tell it now.

Hope this helps.
Ivory

 

[hopefulheart12]

Hi Ivory,

Thank you for your response, does this means I would need to attached an explanation letter together with the application form? Or shall I wait for them to ask me. They are not going to accompany me anyways to Canada though.

Also, do you think its better for my Partner to apply open work permit now together my study permit even he is not literally going with me yet, as he will be the one to support my expenses. Or he can transfer his visitor visa to open work permit inside Canada?

Hoping for your feedback.

God bless you.

 

[IvoryX]

I would recommend to take the first opportunity to explain. Things will be documented in their system to show it was not out of bad faith and you are making effort to correct mistakes. It is way better than having to explain when questioned by IRCC.

In terms of study permit application, You have to alwyas remember officers always consider if you will leave Canada when permits end and if you have enough money. By that I mean 1)you have to proof you will go back home end of the day; family members are the biggest motivation for people to go back obviously; 2) you have money for study. If your BF is the bread earner, you need to proof you have other financial resources for your study if he comes along.
If your BF has no plan coming with you right away, and you need financial support, it is a good idea to come first by yourself. When the circumstances change or the need rises, re-evaluate the situation and put forward the best strategy to get him join you.

 

[hopefulheart12]

Thank you for your Help Ivory.. God bless you..

 

[hopefulheart12]

Hi Ivory.. hope your well and advance merry Christmas.

I forgot to ask you, since I will be declaring on a common law status. Do I need to submit proof of evidence to support the relationship. Or I just simply need to list my partner in the application form?

Hope you can shed me some light.

Thank you.