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

zardoz

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kabob said:
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 are obviously convinced that you are "in the right" here. Why don't you apply for sponsorship and let us know how it works out. It's very clear that this is not the place for judgement to be made and we should allow CIC to decide. Good luck...
 

Ponga

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kabob said:
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?
IMHO, you should consult with an experienced lawyer. We can only offer our opinions, but you're in one helluva mess that could now impact her future plans as well!
 

kabob

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Dec 5, 2014
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Great well, this is really messed up. It's all my fault because I didn't understand the "rules"
Funny fact is how many thousands of people bend those rules (real estate frauds, illegal business...) in such an "organized" and structured country like this and they only end up winning playing dirty.

Law is Law and whatever it is... but considering my and my gf as a fraudulent case rather than a misunderstanding... what a joke.
I am tired of fighting to get stability here, if I am going to lose my PR status because of this... well I think I tried enough.
 

Rob_TO

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kabob said:
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.
CIC may not see it as fraud. The problem is they have a strict rule and don't care if it was fraud or a simple misunderstanding of the rules. If you don't declare your common-law partner, child or spouse in your app, they are banned forever under family class. Period. There is no room for interpretation or excuses.

There is 1 option to consider, and that is to voluntarily renounce your PR status. Then you could basically start over again from scratch, re-apply for PR again under the same category (assuming you still qualify), and this time include your common-law partner in your application.

Of course once you renounce your PR status, you will have no more status in Canada so may be asked to leave if you can't stay here as a visitor.


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?
She could certainly apply for PR on her own. And she would state in her app that you are her common-law partner, and already a PR. Although in this case CIC would really not care about you, since you are already a PR so have no effect on her own application.

There is no rule that says she MUST apply for family class if it's available, so her applying through skilled worker or another class is definitely your best possible action in this case.
 

kabob

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Dec 5, 2014
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Rob_TO said:
CIC may not see it as fraud. The problem is they have a strict rule and don't care if it was fraud or a simple misunderstanding of the rules. If you don't declare your common-law partner, child or spouse in your app, they are banned forever under family class. Period. There is no room for interpretation or excuses.

There is 1 option to consider, and that is to voluntarily renounce your PR status. Then you could basically start over again from scratch, re-apply for PR again under the same category (assuming you still qualify), and this time include your common-law partner in your application.

Of course once you renounce your PR status, you will have no more status in Canada so may be asked to leave if you can't stay here as a visitor.


She could certainly apply for PR on her own. And she would state in her app that you are her common-law partner, and already a PR. Although in this case CIC would really not care about you, since you are already a PR so have no effect on her own application.

There is no rule that says she MUST apply for family class if it's available, so her applying through skilled worker or another class is definitely your best possible action in this case.
Well, thanks for the information. As far as I now I do not need a visitors Visa to remain in Canada, Just my Passport should be enough to stay here as a Visitor for a max period of 6 moths. however, i might be asked to leave the country for a while and then come back if I want to as a visitor. Not to mention I would not be able to keep my job, unless my company decided to do an LMO for me I guess.

Then there is the other option, my gf can apply for her PR just they way I did, but we weren't sure if that would work as her job type might not appear at the NOC list of compatible jobs.

Well is good to learn all of this, I guess both of us my gf and I are guilty too for doing our tax return declaration individually the past 2 years, I guess that's another thing we will have to fix.
 

canuck_in_uk

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saria1 said:
Thanks for more clarification, I still don't get the common law thing. How can you sponsor someone who you are not legally bound to through marriage or directly related by blood? It's one of those iffy shades of gray. It makes me wonder why anyone would undertake a 3 yr financial commitment with the government if they can't even make a martial commitment.
You question the level of tolerance on this thread and yet you say judgmental things like this. You judge a common-law relationship as less than a married relationship, essentially saying that those of us who are common-law aren't as committed to our partners just because we haven't said (and don't care to say) a few words to get a piece of paper from the government. Don't be such a hypocrite. You have zero right to define anyone's relationship.

I sponsored my common-law partner and didn't even give a thought to the 3 year undertaking because we are a committed couple. At least CIC has a more open mind that you and accepts that common-law relationships are just as legitimate as marriages.
 

Rob_TO

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kabob said:
Well, thanks for the information. As far as I now I do not need a visitors Visa to remain in Canada, Just my Passport should be enough to stay here as a Visitor for a max period of 6 moths. however, i might be asked to leave the country for a while and then come back if I want to as a visitor. Not to mention I would not be able to keep my job, unless my company decided to do an LMO for me I guess.
Keep in mind I don't really know if there are any issues or concerns with renouncing your own PR and then applying again but this time with her included. I have never actually seen any cases of this, I'm just suggesting it as a possible option based on my understanding of the general CIC rules. To date i haven't seen any rule that would prevent someone from doing this, but I don't really know for sure how CIC would view the application the 2nd time around, or if they would question exactly why you're doing it.

Best possible option is if she can apply on her own, so definitely pursue that as much as possible before considering any other way.
 

screech339

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kabob said:
Great well, this is really messed up. It's all my fault because I didn't understand the "rules"
Funny fact is how many thousands of people bend those rules (real estate frauds, illegal business...) in such an "organized" and structured country like this and they only end up winning playing dirty.

Law is Law and whatever it is... but considering my and my gf as a fraudulent case rather than a misunderstanding... what a joke.
I am tired of fighting to get stability here, if I am going to lose my PR status because of this... well I think I tried enough.
Remember you are not the only one. You are among a few PR who gotten into this mess, however unintentionally. Not only common law partners, spouses, but only their children. There were a few of them landing as PR without declaring their child/children only because they didn't want to delay their PR status any longer or they believed they can sponsor their children after they land. They too have to carry this burden for rest of their lives as well.
 

kabob

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Dec 5, 2014
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Rob_TO said:
Keep in mind I don't really know if there are any issues or concerns with renouncing your own PR and then applying again but this time with her included. I have never actually seen any cases of this, I'm just suggesting it as a possible option based on my understanding of the general CIC rules. To date i haven't seen any rule that would prevent someone from doing this, but I don't really know for sure how CIC would view the application the 2nd time around, or if they would question exactly why you're doing it.

Best possible option is if she can apply on her own, so definitely pursue that as much as possible before considering any other way.
I totally agree. It would be a big shame if I lose my PR after all. Since we have a chance of getting her PR on her own we will rely on this option as much as we can. What I was mentioning before is if I should fix my mistake of not declaring her as my Common Law partner, because I don't want any trouble or misunderstanding in with CIC in the future.

I think is best for me to consult with a lawyer.

Thanks
 

screech339

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kabob said:
I totally agree. It would be a big shame if I lose my PR after all. Since we have a chance of getting her PR on her own we will rely on this option as much as we can. What I was mentioning before is if I should fix my mistake of not declaring her as my Common Law partner, because I don't want any trouble or misunderstanding in with CIC in the future.

I think is best for me to consult with a lawyer.

Thanks
As you mentioned, best to consult with a very very good well versed lawyer. Only he/she can tell you what your options are. If the lawyer tells you that you can sponsor her as common law, I suggest you go look for another lawyer, as I suspect he/she is only interested in getting your money and not after your well being / major problem.

Screech339
 

kabob

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Dec 5, 2014
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screech339 said:
As you mentioned, best to consult with a very very good well versed lawyer. Only he/she can tell you what your options are. If the lawyer tells you that you can sponsor her as common law, I suggest you go look for another lawyer, as I suspect he/she is only interested in getting your money and not after your well being / major problem.

Screech339
Thank you for the advise, I'll keep that in mind
 

handsup

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So sorry for asking one moe question from Rob_TO and Zardoz

There is a situation: In sub continent joint family system is so common. And parents make commitments of their children marriage when they born. For Example 2 brother A and B are married and to C and D. A and B blesses with babies, A with boy BB and B with girl GG
A & B make a commitment that they will marry this kids (BB & GG) each other to make relationship strong.
Kids do no know anything about this. BB is grown and in love with that cousin GG and gets PR while assuming he is single. and now after getting PR he is in same situation as the OP is. What will happen now? As they are sharing same address since say xyz years, and their relation is also developed now

It mostly happens in Asian culture and they even do not consider anything like CMR, sorry to those who hurt but I am just telling a culture
 

zardoz

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handsup said:
So sorry for asking one moe question from Rob_TO and Zardoz

There is a situation: In sub continent joint family system is so common. And parents make commitments of their children marriage when they born. For Example 2 brother A and B are married and to C and D. A and B blesses with babies, A with boy BB and B with girl GG
A & B make a commitment that they will marry this kids (BB & GG) each other to make relationship strong.
Kids do no know anything about this. BB is grown and in love with that cousin GG and gets PR while assuming he is single. and now after getting PR he is in same situation as the OP is. What will happen now? As they are sharing same address since say xyz years, and their relation is also developed now

It mostly happens in Asian culture and they even do not consider anything like CMR, sorry to those who hurt but I am just telling a culture
This is why CIC insist that the relationship must be a "formal" one. It must be a documented and registered marriage or it must be a common-law partnership that can be proven. The informal agreement to marry by parents is not sufficient. If they were common-law, they would have to have been together for at least 12 continuous months in a "marriage-like" relationship. CIC are fully aware of cultural nuances and make appropriate decisions. The address alone is not sufficient. They must be "intimate partners".
 

keesio

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zardoz said:
The address alone is not sufficient. They must be "intimate partners".
What exactly does this mean? That the relation must be consummated? Is kissing enough? So if you are living together with your girlfriend but never had "intimate relations", then you are not common-law? The common-law thing has always confused me. I was led to believe that living at the same address for 1 year with someone you considered a partner was automatic common-law
 

Rob_TO

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keesio said:
I was led to believe that living at the same address for 1 year with someone you considered a partner was automatic common-law
Yes that's how it works. If you live with someone as bf/gf for 1 year, you are common-law.

Where it would get into a grey area is if you lived with someone as roommates only, then started dating partway through that. You would need to establish a specific date you became gf/bf to begin the 12 month count start. And I can't even imagine how CIC would view a case like this.