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Marital Status on previous permit affect PR application?

amy.k

Newbie
Jun 17, 2017
3
0
Hii

I want to hear about any ideas or thought on my situation.

I am going to apply PR thorugh common-law relationship. I have lived with my boyfriend from 2015 December to now. I thought my marital status changed to common law from single in Dember 2016 according to definition of common law. However, when I apply my study permit in Feb 2017, I told them I was single on my applition for study permit. I got my study permit at that time.

But my concern is if I am okay to apply PR through common-law relationships even I told them I was single when I appiled study permit. I am not sure about how previous marital status on study permit will affect my applications for PR. I do not have to care about previous application? or should I write an explanation letter why I stated my status as single even I live with my boyfriend when I apply PR?

Thank you in advance for your time!!!
 
C

Classic Chucks

Guest
I do not have to care about previous application?
You sure do.

Was there any particular reason why you said you were single even if you're not?

What you did is a form of misrepresentation and could potentially harm your application. You could also be inadmissible because of that.

Never ever lie in your application.
 
Last edited by a moderator:

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
I agree with the above post and maybe now the only option, and others I am sure will comment, might be to reset your common law qualifying period as though 12/2015 through 12/2016 never happened given you appear to have put yourself into misrepresentation territory. It may well be difficult to explain your way out of saying you were single then all of a sudden you want to get credit for common law for a period prior to and after applying for a study permit in 2/2017 as single...

Guess you have a difficult decision to make come clean and plead ignorance on your study permit application hoping you do not get rejected for misrepresentation or wait it out then apply for PR or maybe even get married .
 
C

Classic Chucks

Guest
I agree with the above post and maybe now the only option, and others I am sure will comment, might be to reset your common law qualifying period as though 12/2015 through 12/2016 never happened given you appear to have put yourself into misrepresentation territory. It may well be difficult to explain your way out of saying you were single then all of a sudden you want to get credit for common law for a period prior to and after applying for a study permit in 2/2017 as single...
Don't forget about their address. Even if they choose to reset the relp, somewhere somehow, CIC will still link the recent app to the previous one and find out they were in fact CL before.
Guess you have a difficult decision to make come clean and plead ignorance on your study permit application hoping you do not get rejected for misrepresentation or wait it out then apply for PR or maybe even get married .
Same thing with marriage, CIC will still know that a misrepresentation has been committed by the applicant. There's no easy way to get out of this. And pleading ignorance will not save them either because that would be another lie had she known the whole CL status prior to submission.
 
Last edited by a moderator:

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
Don't forget about their address. Even if they choose to reset the relp, somewhere somehow, CIC will still link the recent app to the previous one and find out they were in fact CL before.

Same thing with marriage, CIC will still know that a misrepresentation has been committed by the applicant. There's no easy way to get out of this. And pleading ignorance will not save them either because that would be another lie had she known the whole CL status prior to submission.
I agree that basically the damage has been done and was not suggesting a cover up but just putting options out there.

Ultimately the OP has to decide what action to take and common law anyway as we all know is still often a challenge to show even if being truthful but for sure would be a give away if trying to claim it before the study permit application was submitted.

Just sharing an address on its own of course would not be any indicator they were common law , CIC would need to be aware of all the other components which have to assume the OP built up such as shared lease, bank account, utility bills and so on.

Maybe the OP needs to explain here the reason why claim to be single on the study permit application when not actually. Was the thinking more likely to get approved ?
 
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spousalsponsee

Hero Member
Apr 21, 2017
573
170
Hii

I want to hear about any ideas or thought on my situation.

I am going to apply PR thorugh common-law relationship. I have lived with my boyfriend from 2015 December to now. I thought my marital status changed to common law from single in Dember 2016 according to definition of common law. However, when I apply my study permit in Feb 2017, I told them I was single on my applition for study permit. I got my study permit at that time.
You committed misrepresentation, which is a form of immigration fraud, at this time. One of the main reasons for study permits to be refused is the officers not believing someone will leave Canada afterwards. You deliberately concealed from them a very strong tie to Canada (a common law relationship). Even if your application would otherwise have been approved, it now looks like you lied to them in order to get status in Canada.

But my concern is if I am okay to apply PR through common-law relationships even I told them I was single when I appiled study permit. I am not sure about how previous marital status on study permit will affect my applications for PR. I do not have to care about previous application? or should I write an explanation letter why I stated my status as single even I live with my boyfriend when I apply PR?

Thank you in advance for your time!!!
You definitely have to care about your past application. Trying to conceal it would make things even worse at this stage. Your only hope is to write a (very good) letter of explanation owning up to it. Hopefully for you, they'll decide it wouldn't have made a difference and they may let you get away with it. If you try to conceal it and they find out (which they will, from the required address histories if nothing else), then you'll be refused for sure.

Good luck.
 
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amy.k

Newbie
Jun 17, 2017
3
0
Thank you for all your replies!

When I applied my study permit, I was not aware of importance of my marital status at that time. Also, it is different from marriage, so I was not sure when I could say my marital status as common law officially. In the mean time, I found out I needed to declare my marital status as common law to be official and I did it today. That's why I said as single on my previous application for my visa.

I did not intend to lie on my application. But I am worried how officer will think about my situation. I am deciding that I should tell them upfront or wait until CIC ask about it.
 

spousalsponsee

Hero Member
Apr 21, 2017
573
170
In the mean time, I found out I needed to declare my marital status as common law to be official and I did it today. That's why I said as single on my previous application for my visa.
Just on this technical point, you don't need to declare a common law relationship for it to become official, it's automatic after you've been living together in a romantic relationship for over 12 months. The declaration of common law union form is you swearing under oath that a relationship like that already exists, which is helpful to prove it, as it makes legal consequences for lying about it, but it doesn't change the status of the relationship itself.
 

kw.jr

Newbie
Nov 30, 2019
4
0
Hii

I want to hear about any ideas or thought on my situation.

I am going to apply PR thorugh common-law relationship. I have lived with my boyfriend from 2015 December to now. I thought my marital status changed to common law from single in Dember 2016 according to definition of common law. However, when I apply my study permit in Feb 2017, I told them I was single on my applition for study permit. I got my study permit at that time.

But my concern is if I am okay to apply PR through common-law relationships even I told them I was single when I appiled study permit. I am not sure about how previous marital status on study permit will affect my applications for PR. I do not have to care about previous application? or should I write an explanation letter why I stated my status as single even I live with my boyfriend when I apply PR?

Thank you in advance for your time!!!

Hello, did you get your PR eventually? I'm in the same situation here. What did you do after?

Did CIC investigate the applicant's previous marital status? Could you please share some of your experiences? I am worried sick.

I appreciate your time and response!!!