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How to prove that we are NOT in common law relationship

eden30

Newbie
Feb 20, 2017
3
0
I received email that i can't sponsor my wife because i didn't declare her when my parents sponsored me back in 2011. We got married at 2016 and the only reason they suspect as that we are in common law becuase of my answer in the cohabitation date stated we were living together from 2008-2015. Reason why i state that because it was her first time sleeping in my parents house after our relationship started at 2006. But she didn't consecutively stay at my parents house, only when we want to have a sex.

All her ID's are still address to her parents and we dont have a child together. We both are still studying. Anyone have similar issues to mine?
 

wildemam

Hero Member
Nov 10, 2015
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eden30 said:
I received email that i can't sponsor my wife because i didn't declare her when my parents sponsored me back in 2011. We got married at 2016 and the only reason they suspect as that we are in common law becuase of my answer in the cohabitation date stated we were living together from 2008-2015. Reason why i state that because it was her first time sleeping in my parents house after our relationship started at 2006. But she didn't consecutively stay at my parents house, only when we want to have a sex.

All her ID's are still address to her parents and we dont have a child together. We both are still studying. Anyone have similar issues to mine?
This is not cohabitation. You should have never mentioned it in the first place. You should now apply from scratch.
 

wait_so_long

Hero Member
Jul 31, 2016
371
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wildemam said:
This is not cohabitation. You should have never mentioned it in the first place. You should now apply from scratch.
Would this application stay on their record, and would the discrepancy raise any red flags?
 

scylla

VIP Member
Jun 8, 2010
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wait_so_long said:
Would this application stay on their record, and would the discrepancy raise any red flags?
Yes - this application is in CIC's records permanently. Yes - any discrepancy in a future application will raise red flags.

If they did not live together they will have to provide very strong evidence to show that his wife had another permanent residency for those seven years.
 

Aquakitty

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Mar 21, 2011
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eden30 said:
I received email that i can't sponsor my wife because i didn't declare her when my parents sponsored me back in 2011. We got married at 2016 and the only reason they suspect as that we are in common law becuase of my answer in the cohabitation date stated we were living together from 2008-2015. Reason why i state that because it was her first time sleeping in my parents house after our relationship started at 2006. But she didn't consecutively stay at my parents house, only when we want to have a sex.

All her ID's are still address to her parents and we dont have a child together. We both are still studying. Anyone have similar issues to mine?
Are you outright denied? Or did you get a "Procedural Fairness" letter?

If the latter, you can still try explaining and submitting a TON of proof that she lived elsewhere and you made a mistake. If you have old chat logs or phone call logs that could go a long way to helping as well (showing you asking her over, or regular calls to another landline).
 

wait_so_long

Hero Member
Jul 31, 2016
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scylla said:
Yes - this application is in CIC's records permanently. Yes - any discrepancy in a future application will raise red flags.

If they did not live together they will have to provide very strong evidence to show that his wife had another permanent residency for those seven years.
So, they need to follow this through and prove that it was a mistake and that they were not common-law at any time over the 2008-2015 period, or they may face a lifetime ban on spousal sponsorship. Is that about right?
 

eden30

Newbie
Feb 20, 2017
3
0
She has voters ID, school ID that are still registered to her parents house.
They need us to send a copy of my PR application back in 2011 that i did declare her. Im just really confused right now as what to do.
 

canadianwoman

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Nov 6, 2009
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I would get a good immigration lawyer. You have to prove you were not common-law partners, after saying on the application that you were. However, there have been a few cases where they were able to successfully argue that they were not common-law even though they had been living together.
Right now you should send a letter of explanation, in particular explaining what you meant by 'cohabitation', and as much proof that she had a different address as you can get.
 

Hope1316

Full Member
Feb 2, 2017
20
0
eden30 said:
I received email that i can't sponsor my wife because i didn't declare her when my parents sponsored me back in 2011. We got married at 2016 and the only reason they suspect as that we are in common law becuase of my answer in the cohabitation date stated we were living together from 2008-2015. Reason why i state that because it was her first time sleeping in my parents house after our relationship started at 2006. But she didn't consecutively stay at my parents house, only when we want to have a sex.

All her ID's are still address to her parents and we dont have a child together. We both are still studying. Anyone have similar issues to mine?
Ive got similar situation , i also put cohabition from 2009 till 2012. When did you sent your application? We also had different address.
 

Aquakitty

VIP Member
Mar 21, 2011
3,014
164
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
Hope1316 said:
Ive got similar situation , i also put cohabition from 2009 till 2012. When did you sent your application? We also had different address.
Did you already get a letter about it? If not send a new form with the fixed info and an explanation.
 

Hope1316

Full Member
Feb 2, 2017
20
0
Aquakitty said:
Did you already get a letter about it? If not send a new form with the fixed info and an explanation.
Not yet, we still waiting for the letter from our visa office. Im still trying to gather letter from family and neigbhoor
 

wait_so_long

Hero Member
Jul 31, 2016
371
62
Hope1316 said:
Not yet, we still waiting for the letter from our visa office. Im still trying to gather letter from family and neigbhoor
I thought you had received some kind of communication saying the sponsor wasn't eligible, although they are continuing with the processing of the application.
 

Hope1316

Full Member
Feb 2, 2017
20
0
wait_so_long said:
I thought you had received some kind of communication saying the sponsor wasn't eligible, although they are continuing with the processing of the application.
Yes what i mean is the letter from our visa officer here in our country, we still didnt recieved any feedback from them
 

zpeg_13

Newbie
Oct 16, 2018
8
1
I AM FACING THE SAME SITUATION RIGHT NOW. I HAVE NOT DECLARED MY WIFE AS A COMMON LAW WHEN I LANDED LAST JANUARY 2018, THEN WE DECIDED TO GET MARRIED SEPTEMBER 2018. WE WERE COUPLES FOR 6 YEARS NOW AND WE SPENT MOST OF IT IN DUBAI. I DID NOT DECLARE HER AS MY COMMON LAW THE TIME WHEN I WAS APPLYING FOR MY IMMIGRANT VISA BECAUSE OF THE FACT THAT WE CANNOT PROVIDE ANY SUPPORTING DOCUMENTS THAT WE REALLY ARE COMMON LAW PARTNERS AS IT IS ILLEGAL TO LIVE IN A SAME ROOF IF NOT MARRIED BACK IN DUBAI. Now I am worried I might run into problems during sponsorship as I failed to declare her as my COMMON LAW all because of innocence. Noone at that time also manage to give me advice to make sure I declared her as my COMMON LAW partner. Even my immigration consultant whom I hired. Can someone enlighten me with my s