How to reply to the concern of not declaring the common law partner relationship?
- Thread starter Ryan Wu
- Start date
Hi,
Me and my partner came to Canada in 2014 and we were in relationship since 2012. I applied my PR through express entry in Nov 2016 and got approval in August 2017. In 2018 we got married and then applied for dependent visa for my partner in august 2018. We were together in Canada all these time. I got an email from CIC yesterday asking me to prove why I never mentioned common law in my PR application in 2016 even though we are eligible as common law. I do not know that I have to mention my partner as common law at that time. We provided all the required documentation to CIC that we were together since 2012.Could someone please help how to prove this to CIC?
Me and my partner came to Canada in 2014 and we were in relationship since 2012. I applied my PR through express entry in Nov 2016 and got approval in August 2017. In 2018 we got married and then applied for dependent visa for my partner in august 2018. We were together in Canada all these time. I got an email from CIC yesterday asking me to prove why I never mentioned common law in my PR application in 2016 even though we are eligible as common law. I do not know that I have to mention my partner as common law at that time. We provided all the required documentation to CIC that we were together since 2012.Could someone please help how to prove this to CIC?
The question about famiy status with all possible options to choose from (single, married, common law, divorced etc) was in your application for PR. Did you select single? If you did, why did you do it?
Nobody here knows why. The officer gives you a chance to explain your reasons. I suspect, that you probably could get more points applying without a partner as I can't believe that people completing such serious documents and living together for several years can just forget about each other (but it is just my opinion).
Nobody here knows why. The officer gives you a chance to explain your reasons. I suspect, that you probably could get more points applying without a partner as I can't believe that people completing such serious documents and living together for several years can just forget about each other (but it is just my opinion).
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Its is not because of the points I didn't include my partner. We thought my partner could get PR through Express entry but due to some reasons we couldn't get it. That is why we got married and applied as dependent. Its not about forgetting each other. Nobody takes such serious documentation and their own future for granted. It is about lack of information at that time. Didn't know that I have to include my partner as a common law.
So you just ignored the common law option twice (when you completed the form and when you landed)?
There is absolutely no lack of information here. When you are common law you need to declare it.
If it was not because of points, then why your partner was not included? You are saying your partner planned to apply separately? Why not to do it at the same time and not to make the process longer?
These are the questions the immigration officer needs the answers to.
There is absolutely no lack of information here. When you are common law you need to declare it.
If it was not because of points, then why your partner was not included? You are saying your partner planned to apply separately? Why not to do it at the same time and not to make the process longer?
These are the questions the immigration officer needs the answers to.
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It doesn't matter that you didn't know as common law is explained in the documentation. As you said, nobody takes such serious documentation for granted! Clearly, you did and are now paying the price for missing that information.
There is nothing to prove. You committed misrepresentation by failing to declare your common-law partner in your PR app. As a result, your spouse is forever excluded from the Family Class and can't be sponsored. Your sponsorship app will be refused.
The app is very clear about having to include your common-law partner, so there was no lack of information.
We didn't want to apply through common law initially because we both want to apply through express entry. But my partner didnt get enough points to meet express entry criteria due to ielts score. Its not like we want to make the process long. We are in process to convenience our parents about our marriage at that period of time. That is another reason to not include my partner as common law. Also I didnt knew that I had to include my partner as common law.
Any ways im here for suggestions not to take your criticism. If you know something just suggest the solution, if not just keep calm. You dont have to criticize others who is in pain.
Thanks for the information. Also I went through the lawyer and he never mentioned about this common law when we applied for dependent Visa. He is the one who actually told us to mention in the documentation saying that we are living together. Is there anyway that we could overcome this?
Renounce your PR status and apply again with him included. Otherwise, he needs to qualify to immigrate himself. You can't sponsor him.
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how come they came to know you are common law partners? Did you ever declared while applying?
No we never declared about common law. We applied as married. The email said that "You came to Canada in 2014 and applied your PR in 2016 and you were eligible for common law by then. But y didnt you include your partner in you PR application"?
They declared their history of living together (which was the right thing to do as it was the truth). Unfortunately, common-law catches a lot of couples off guard as it is not a well-known status world wide, but it is still well explained in applications and will be held against you no matter your previous lack of knowledge about it. Happens often here, nothing to do about it but to renounce status if the partner can't get him/herself to Canada without the help of the spouse as canuck said above.
Yes, you are right. We provided documentation. I will contact my lawyer and will see how it goes.
