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I did not declare I have common law when I entered canada

sunsilk

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Feb 18, 2011
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When I applied as a TFW here in Canada 2007, I did not declare I have a common law but I declared our kids. Now I am applying him under the spousal program and I have the Declaration of Common Law Union notarized that we have been common law since 2002. Is there gonna be a problem with this? Please help...
 

rjessome

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Feb 24, 2009
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sunsilk said:
When I applied as a TFW here in Canada 2007, I did not declare I have a common law but I declared our kids. Now I am applying him under the spousal program and I have the Declaration of Common Law Union notarized that we have been common law since 2002. Is there gonna be a problem with this? Please help...
Yes. Not declaring your partner on your original application is misrepresentation. Hire a consultant or lawyer with experience in misrep and asking for H&C considerations. It's your only hope to have a shot.
 

pat1181

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Feb 1, 2011
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Hi!

I just want to know if I did the right thing. I am under the live in CG program and been here in Canada for 1 year now, when I entered Canada, I declared in my application that I am in a Common law relationship for 10 years with 3 dependents under my last name...Last Jan 2011 I went back home and we got married, I was adviced by my aunt to send a formal letter informing the change of status from common law to married along with our Marriage certificate. I just sent it today in Vegreville Alberta.

Is this correct? I hope I will not have any problem in sponsoring them.
We are also in the process of changing the last name of our children to his.. do I also need to inform them about this when we got the final approval about the change of last name.

Thanks for the help in advance!
 
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Carol m

Guest
Hello, I have a similar problem....

I'm in the Live-in CG Program and I did also not declare my partner as common-in law. We have been 8 years together but we both had our own suite and own bank accounts. I did not declare him since we just could have proofed it with pictures and friends that know. I decided that it's too complicated and just said that I'm single.

I'm very worried now cause I want to sponsor him for sure! We will get married this summer so is this gonna solve the problem or not? I started the program this November.

Can anyone please give me an answer???????

Thank you!
 

rjessome

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Feb 24, 2009
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pat1181 said:
Hi!

I just want to know if I did the right thing. I am under the live in CG program and been here in Canada for 1 year now, when I entered Canada, I declared in my application that I am in a Common law relationship for 10 years with 3 dependents under my last name...Last Jan 2011 I went back home and we got married, I was adviced by my aunt to send a formal letter informing the change of status from common law to married along with our Marriage certificate. I just sent it today in Vegreville Alberta.

Is this correct? I hope I will not have any problem in sponsoring them.
We are also in the process of changing the last name of our children to his.. do I also need to inform them about this when we got the final approval about the change of last name.

Thanks for the help in advance!
Since you had already declared him as your common law partner in your original application, it was not necessary to advise Vegreville that you are now married unless you were applying for an extension or something new. When you apply for PR, CIC would see that the date of the marriage to you C/L partner (who was already listed) was after you entered Canada and it could easily be explained and proven. But telling them now won't hurt you either. If you change the names of the children, just make sure that you have all of the appropriate documentation done and passports issued in the new names before you apply for PR. Again, this can easily be explained when you apply for PR. No worries.
 

rjessome

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Feb 24, 2009
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Carol m said:
Hello, I have a similar problem....

I'm in the Live-in CG Program and I did also not declare my partner as common-in law. We have been 8 years together but we both had our own suite and own bank accounts. I did not declare him since we just could have proofed it with pictures and friends that know. I decided that it's too complicated and just said that I'm single.

I'm very worried now cause I want to sponsor him for sure! We will get married this summer so is this gonna solve the problem or not? I started the program this November.

Can anyone please give me an answer???????

Thank you!
You say you had separate suites which says to me that you were not living together but boyfriend/girlfriend. If that's the case, you were not Common-law partners and you couldn't have declared him anyway.
 
C

Carol m

Guest
Thank you rjessome and Yes we never lived together but a couple since 8 years...so it's ok that I did not try to declare him as common-in law? What if we get married this summer and when I apply in 2 years and sponsor him and on the application they ask how long we have been together and so on???
I just want to make sure that I'm able to sponsor him. He is a part of my life!
 

rjessome

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Feb 24, 2009
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Carol m said:
Thank you rjessome and Yes we never lived together but a couple since 8 years...so it's ok that I did not try to declare him as common-in law? What if we get married this summer and when I apply in 2 years and sponsor him and on the application they ask how long we have been together and so on???
I just want to make sure that I'm able to sponsor him. He is a part of my life!
Yes, it's fine that you didn't declare him as your common-law partner because, for the purposes of immigration, he wasn't. Yes, you can include him on your application for PR after you get married. When they ask how long you've been together, tell the truth, that you had been a couple for 8 years prior to getting married but had never lived together.
 
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Carol m

Guest
Phuu what a relief. This bothered me a long time and of course it's very important to us! So thank you, you made my day rjessome! Have a wonderful day ;)
 

pat1181

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Feb 1, 2011
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Carol,

After you get married, just inform the CIC about your change of status from Single to Married so that when you applied for PR there will be no more questions and it will be a smooth process on your part