I just got PR, can I sponsor my girlfriend who I live with more than 3 years?

[zardoz]

It's all moot really. It's, in order of priority, CIC, IAD and then FC, that they would have to convince. It's not us on this forum. Case law indicates that these cases very rarely come down in the applicant's favour. It's all assessed on "the balance of probability" which is a much lower standard than criminal justice.

 

[Rob_TO]

We have just gone full circle.... living together for 6yrs. Separate finances..and claimed by both parties as single for CRA. Simple matter of waiting the 13mths from a new agreed upon date for the "begining" of common law and all evidence submitted being from the agreed upon date only. Fraudulent submission but can not be proven.
"yes we lived together for 6yrs as room mates as per financial documents shown after 6yrs we became romantically involved" If you say the rental agreement proves otherwise then we are again back to square one with real room mates being considered under Common Law due to a joint rental agreement.

So how do you suggest they fill in the questions that ask when they met, how they started dating, how the relationship developed, etc etc? Just lie, lie, lie everywhere?

You seem to acknowledge this is fraud and misrepresentation. Believe me that based on the info presented so far in this case, CIC will most likely think the same thing.

Instead of going through what will be a long processing time, most likely a rejection, and then a very long and very expensive appeals process which all could take 2-3 years and just end up with nothing in the end and possibly even the OPs PR getting revoked due to misrepresentation... time/effort may better be put into her trying to develop skills or get some education that would allow her to immigrate here under another immigration stream outside family class.

 

[Rob_TO]

In any case, I always have sympathy for people caught in cases like the OP. I'll be honest, if I had a girlfriend that I lived with for over a year before I moved to Canada, I would never have thought to list her as common-law on my application. It simply would not have dawned on me. Fortunately I had no one then so it was a non-issue.

In CIC's defense, the word "common-law" probably appears several dozen times throughout the guide and various application forms! So the thinking is that any applicants will do their necessary due diligence on the rules/laws surrounding the country they are trying to immigrate to.

This particular misrepresentation rule by CIC is the one rule I think is overly harsh when CIC in general is pretty lax.

I agree, and think there is a simple solution. Instead of banning a partner or child not declared, instead they could proceed with the application but simply remove the exemption for excessive demand rule. Then if there were no health or other major issues like this in the first place, they could still be sponsored. And if they were medically inadmissible, then they would be rejected.

 

[keesio]

Yes but that's only for legal purposes in case of future separation or pension benefits, or other provincially regulated areas. At least for CRA/CIC purpoess, it's 1 year standard for each and every person no matter what province.

Yup, I understand. I was just making a comment on how I can see a person who grew up in Alberta (where common-law is 3 years cohabitation i think) would just always assume 3 years when he thinks of common-law unless he/she actually looked it up to confirm.

 

[keesio]

I agree, and think there is a simple solution. Instead of banning a partner or child not declared, instead they could proceed with the application but simply remove the exemption for excessive demand rule. Then if there were no health or other major issues like this in the first place, they could still be sponsored. And if they were medically inadmissible, then they would be rejected.

That makes a ton of sense!

 

[kabob]

Here is some background info about my relationship with my girlfriend. 6 years in total, only 3 of them in Canada. We both came from different countries. We lived in BC in the same Host Family for the first 2 years and then we rented one apartment using both our names. About 3 months later I started applying for my PR through the CEC branch.
After sending my application, the only LEGAL document proving me and my girlfriend were living together in this Canada is was that contract for the apartment rent. We had no contract in our previous host family, and even though we were living together, there is no proof of that, other than mail sent to same address (so what, the host family had more guests in there?)

By the time I received my CPR, we didn't even made a year living/cohabiting in the same place, so I guess we were NOT common law. It was only after I got my PR card when we both were living in the same place, with a real rent contract showing both our names.

In simple words, there is no strong/legal proof we were common law other than that contract. So technically, I could not add her to my application.
If you become common law partners or get married after you become PR, couldn't you sponsor your partner/wife later on?

What if I stop my relationship with my current girlfriend and start a new one with a different one when I am already PR... I can't sponsor her?

 

[rhcohen2014]

If you become common law partners or get married after you become PR, couldn't you sponsor your partner/wife later on?

What if I stop my relationship with my current girlfriend and start a new one with a different one when I am already PR... I can't sponsor her?

yes of course you can. the point is, if CIC considered your relationship commonlaw BEFORE approval and landing as a PR, THEN you would be banned. if you did not officially become commonlaw or married until AFTER approval AND landing, then you can still sponsor her in the future. I would imagine, as a part of your application you would want to show significant proof that your commonlaw status happened AFTER approval and landing, as well as showing proof that the time you did live together before you think you became commonlaw did not count toward that status and you were not in a romantic relationship yet. I also imagine if you show proof of living with a "host" family, and you were simply strangers living with the same host, then that time together won't be considered commonlaw.

 

[Rob_TO]

Here is some background info about my relationship with my girlfriend. 6 years in total, only 3 of them in Canada. We both came from different countries. We lived in BC in the same Host Family for the first 2 years and then we rented one apartment using both our names. About 3 months later I started applying for my PR through the CEC branch.
After sending my application, the only LEGAL document proving me and my girlfriend were living together in this Canada is was that contract for the apartment rent. We had no contract in our previous host family, and even though we were living together, there is no proof of that, other than mail sent to same address (so what, the host family had more guests in there?)

By the time I received my CPR, we didn't even made a year living/cohabiting in the same place, so I guess we were NOT common law. It was only after I got my PR card when we both were living in the same place, with a real rent contract showing both our names.

In simple words, there is no strong/legal proof we were common law other than that contract. So technically, I could not add her to my application.
If you become common law partners or get married after you become PR, couldn't you sponsor your partner/wife later on?

This is actually quite simple. If you decide to sponsor your current common-law partner or get married and sponsor her as wife, you will each need to list your past residential addresses. If you both show the same address for a time adding up to 1 year, BEFORE you yourself landed as a PR, then she will be declared permanently banned under family class and app will be rejected. It does not matter what official rental agreement you may or may not have or if it was with a host family. You were a couple, and living under the same roof for 1 year, so that's all that matters to CIC.

What if I stop my relationship with my current girlfriend and start a new one with a different one when I am already PR... I can't sponsor her?

Of course you could sponsor any new common-law partner or wife. It's only the person you didn't declare on initial application, that is banned from sponsorship under you.

 

[Ponga]

The OP landed in July of this year, so if he and his `girlfriend' (should be referred to as his `partner', because she is) were living together on July 1, 2013...he should have disclosed that during his landing interview, because his marital status had changed from when he submitted his PR application...correct?

The fact that the CoPR was received before they were living together for 1 year (which can't possibly be true) is irrelevant because on the day that the OP LANDED as a PR, he was in fact NOT single.

 

[screech339]

I also imagine if you show proof of living with a "host" family, and you were simply strangers living with the same host, then that time together won't be considered commonlaw.

Assuming the "host" family will declare in their letter that the couple were never romantically together, never shared the same room, same bed during their entire time. So the "host" family was approached by two strangers at same time and not stay in same room. I got to say, even I have a hard time believing that and I am sure CIC would too. A "host" family can say anything they want as they don't have any legal papers (rental agreements) to say they were living together.

Screech339

 

[kabob]

If you both show the same address for a time adding up to 1 year, BEFORE you yourself landed as a PR, then she will be declared permanently banned under family class and app will be rejected. It does not matter what official rental agreement you may or may not have or if it was with a host family. You were a couple, and living under the same roof for 1 year, so that's all that matters to CIC.

Of course you could sponsor any new common-law partner or wife. It's only the person you didn't declare on initial application, that is banned from sponsorship under you.

But there is no legal proof we were in a relationship (no joint bank accounts or other legal documents, only pictures and stuff like that).
Could be the case we started our relationship because we mate in that house and decided to live in our own. Why CIC has to automatically consider us Common Law partners when there is no legal proof?

 

[Rob_TO]

But there is no legal proof we were in a relationship (no joint bank accounts or other legal documents, only pictures and stuff like that).
Could be the case we started our relationship because we mate in that house and decided to live in our own. Why CIC has to automatically consider us Common Law partners when there is no legal proof?

Because you are supposed to fill in the application honestly and truthfully, and should state your relationship started in another country and continued into Canada when you then shared the same address for 2 years.

Under the questions asking about how and when you first met, and how your relationship developed, will you lie and say it all started at this host family home?

The only way for her to be sponsored, is for you to lie and commit immigration fraud. There is really no way around it.

 

[keesio]

But there is no legal proof we were in a relationship (no joint bank accounts or other legal documents, only pictures and stuff like that).
Could be the case we started our relationship because we mate in that house and decided to live in our own. Why CIC has to automatically consider us Common Law partners when there is no legal proof?

You don't need joint anything to be common-law. All you need to do is be sharing the same address for over a year. Just that makes it automatically legal. If she has her own bank account and the address she has for that account is the same address as yours, that is proof right there.

 

[kabob]

OK, well than while applying for my PR I made a mistake by not mentioning my gf as common law partner...

I really don't want any trouble with CIC and would like to keep my PR safe. Is it possible to go back, review my application with CIC agents and do all the missing steps (application forms, medical exams, background information of my common law partner...)
Or would it be risky to try to fix it? We really have nothing to hide, like I said, it was all a mistake and a misunderstanding on my side, and I want to fix it. Both my gf and I are 100% legal, work here, pay our taxes and we have nothing to hide, but I really don't want CIC understands this situation as a fraudulent case. The only thing I am concerned about is her Medical exam, be she has been healthy during her entire life, so there is nothing I am afraid of.


I have another question. Currently, my gf has an open work permit valid till Aug. 2016. She has been working here for over 2 years. If she decides to apply for her PR on her own? would she need to mention me as her common law partner? Even though I am PR already, we are living under the same roof, and apparently if she doesn't mention it CIC would consider that as a fraud. What would be the correct action here?

 

[Ponga]

Because you are supposed to fill in the application honestly and truthfully, and should state your relationship started in another country and continued into Canada when you then shared the same address for 2 years.

Under the questions asking about how and when you first met, and how your relationship developed, will you lie and say it all started at this host family home?

The only way for her to be sponsored, is for you to lie and commit immigration fraud. There is really no way around it.

If that truly is the only viable option...and if the OP honestly didn't believe that he was in a c-l relationship at the time that he received his PR...and IF CIC believes his story...you really can't blame the guy for trying.

The worst that could happen is he is found to have misrepresented himself in his own PR and loses it, and the couple returns to their home country...together.