How to sponsor my children's mother. My fiance.

[Rob_TO]

Hi! Can i ask how can i get my fiance here in canada? She is from Philippines. Our relationship starts on March 2005. Our first child born on year 2006. Our second child born on 2008. Im a permanent resident here in Canada. We arrived here in Canada with my 2 kids last June 4, 2014. Me and my 2 kids sponsored by my mother.

I am shocked that CIC did not question further if you had common-law status already, seeing as you had been in a relationship with her and with 2 children for almost 10 years.

As others mentioned, if you had already lived together her for for at least 1 year, then you were already common-law, and whether intentional or not you and your mom have committed misrepresentation/immigration fraud when you landed as "single". If you were really common-law, you did not qualify to be a dependent under your mom.

Unfortunately, if you had lived together 12 months in the past, it is now impossible to sponsor your fiance here ever, and if you even try then CIC may learn of your own misrepresentation and proceed to revoke your and your mom's PR status.

Your only chance is if during the last 10 years you did not live with her for at least 1 year, but with 2 children together that would be very hard to believe.

Your only 2 options are:
- move back to Philippines so your children can grow up with their mom. or spend part time in Canada and part in Philippines to maintain PR status
- see if she can find another way to immigrate to Canada, other than family class.

 

[truesmile]

Hi


Good chance that he will be reported for misrepresentation as well.

Yeah, that dawned on me a few hours later. I seem to recall a case where they let that part of it go, knowing that the excluded spouse could never be sponsored and that was penalty enough. True or no, unless the mother has alternate feasible immigration options, I'd say the OP is headed home one way or another.

 

[mikeymyke]

Wonder why he didn't include her in the application. I know in the Philippines, it is a common misconception that a person can land in Canada without reporting the common law relationship, and then can sponsor his/her spouse in a separate application. There's a lot of people who have to choose between getting PR for themselves at the risk of never being able to sponsor the spouse, or losing the PR despite being together.

 

[truesmile]

Apparently his mother sponsored him. It could be that he would have made himself ineligible by declaring he has a spouse, albeit common-law.

 

[canuck_in_uk]

Apparently his mother sponsored him. It could be that he would have made himself ineligible by declaring he has a spouse, albeit common-law.

Exactly. Having a common-law partner would have meant he was no longer a dependent of his mother and he would have been removed from her PR application.

 

[mikeymyke]

Yes, so choosing between getting PR for yourself but abandoning your spouse, or losing PR but still able to be with your spouse. It's a tough choice I guess if someone really wants to come to Canada real bad, but seeing as how it's your spouse, you should always choose your spouse first.

 

[truesmile]

Yes, so choosing between getting PR for yourself but abandoning your spouse, or losing PR but still able to be with your spouse. It's a tough choice I guess if someone really wants to come to Canada real bad, but seeing as how it's your spouse, you should always choose your spouse first.

I'm betting it went down like this:

Agency in Philippines: Here sign this affidavit and swear that you haven't lived with this lady for over a year, or else we can't include you on your mother's Application.
Giann: Ok. Where do I sign? (and he signs).

(without a solid explanation on the consequences of what he was doing)

 

[Scotmoose]

I'm sorry, but my personal opinion is that if you put yourself before your wife and children you deserve to be stung. If you view moving to Canada as more important than your family, you bring it on yourself.

 

[truesmile]

I'm sorry, but my personal opinion is that if you put yourself before your wife and children you deserve to be stung. If you view moving to Canada as more important than your family, you bring it on yourself.

It's very common in Filipino culture for one parent to go abroad and work. The point of my previous post was that it surely was not laid out clearly what he was doing to his family's future. Yes they're stung, and he will likely end up going back, but it was not as a result of putting himself ahead of his family, it was because he was trying to do his best for his family.

 

[canadianwoman]

I'm surprised he was still a dependent, if he first had a kid in 2006. Was it something other than a federal sponsorship?
Anyway, to the OP: if you lived with the mother of your children for more than one year (continuously) in the Philippines, you should have said you were common-law, not single, on the application and when you landed in Canada. If this is the situation, you will never be able to sponsor her. You can try, but you will be denied, and appeals based on this type of situation do not win. Ever.

If you did not live with the mother for one year or more, then you cannot sponsor her as your common-law partner. Conjugal will not work because you could get married. If you have not lived with her for one year or more, I suggest you go back there, marry her, then sponsor her. You will need a lot of proof you were not living together in this case.

 

[truesmile]

As already vetted out, he did live with her for four years plus, but removed that post. And just to clear up one more thing, the term "common-law" is non-existent in the Philippines, you are either married, or you are not, and they are none the wiser. So it comes as no surprise the number of times we've seen this. They were not necessarily being as evasive with the truth as we think that we see, and however so they get "stung".

But I still agree 100%, that ignorance of the law (or rules) is not an appropriate defense.

 

[canadianwoman]

Yes, I agree it is a problem in countries that do not have a status like 'common-law', or ones where it is illegal for an unmarried couple to live together. According to CIC, they are common-law, but the couple may not realize it.
But CIC does not care why, he will never be able to sponsor her. Any appeal would lose. They should work on finding another way for her to immigrate.