Marry or Common Law

[sammystorm19]

Roxie, I think it sounds to me like whoever is doing your application is doing a horrible job. I don't know where they got the idea that CIC would see you guys made a mistake and just simply "change" the form to common-law. The worst part about this is that they won't refuse the application until it gets to Stage 2, meaning you will have to wait several months for nothing, just for a refusal. I think the best option would be to cancel the application asap and start over.

But I think the biggest problem for you is the fact your b/f didn't declare he was common-law when he landed, meaning not only would he lose his PR for misrepresentation, but he would never be able to sponsor you forever.

Besides canceling the application they should just get married and file that way. They are engaged and taking the chance on common law with no proof is pointless.

 

[Rob_TO]

Sammystorm everything is on the application his previous uci# wen his dad started his filing everything as I said only the fact tht we dont havd proof of cohabitation
Id

On the date your boyfriend landed in Canada as PR, had you been living together for at least 12 months? If so, then he committed misrepresentation by landing as single, when he was in fact common-law.

Roxie, I think it sounds to me like whoever is doing your application is doing a horrible job. I don't know where they got the idea that CIC would see you guys made a mistake and just simply "change" the form to common-law. The worst part about this is that they won't refuse the application until it gets to Stage 2, meaning you will have to wait several months for nothing, just for a refusal. I think the best option would be to cancel the application asap and start over.

Conjugal and common-law apps are essentially the exact same, except for the cohabitation proof. I believe they could simply reconsider her app as common-law if that's what they wanted.

Read this person's case: http://www.canadavisa.com/canada-immigration-discussion-board/email-said-i-didnt-meet-requirements-for-conjugal-partner-what-do-i-do-next-t226919.0.html
They submitted a conjugal app, but visa officer told them they didn't qualify for conjugal and in the letter stated: "In addition, you did not submit evidence of cohabitation to meet the definition of common-law partner." So if they did go ahead and submit a ton of cohabitation proof, then I'm pretty sure CIC could process the app going forward as common-law (as long as they were common-law as of the date the app was first mailed) with no need to cancel/re-submit a whole new app.

 

[GabbieLovesAya]

Just get married ASAP. Submit proof of marriage as additional info to your conjugal app. There is no problem changing a conjugal app to spousal app. You are still asking the govt to see you guys as a couple. So now you will have more proof for the same request of yours. Your marriage will make your original application simply stronger.

 

[mikeymyke]

Even if they could change it, what about the fact that he didn't declare common law at landing? That will kill any application, regardless of common law, conjugal, married, etc

 

[Rob_TO]

Even if they could change it, what about the fact that he didn't declare common law at landing? That will kill any application, regardless of common law, conjugal, married, etc

Yes, and that is a whole other issue!
My comment above was just referring to the issue on submitting conjugal app by accident when one should have submitted a common-law app.

 

[Roxie-B]

Good Mornig everyone,

You guys are giving me renewed hope. But stil Im a little apprehensive, because That IO might just have been in a good mood to even consider giving the person a chance. it may not be the same for me especially in the kingston embassy.. where the cases are so much.

Also mY case is a very long one and i think thts y Sammystorm is a but frustrated when hearing my story.. cause its so much and i personally find it hard to type all of it, even though i know its the only way im gonna get the best advise from you guys. and even though i know i cant change anything i still want to know and hear your views cause i dont know jack squat about canada and their laws and such. and as i continue ready i realize its tricky and very hard to understand.

OK i met him after his dad started. his dad got a response from cic in Feb 2010 (im telling from the information i got whiling doing the application- which was by the way) while in jamaica he was always living with his Grams so thts his official address but when we got serious in August 2011 my mom didnt want me stay at there so she opted for him to stay with me. all this time i wasnt made aware of his filing. so In Dec 2011 he started staying at my hous with my mom and my brother. (my dad is a us Citizen)some time in 2012 while staying with me they sent a letter for him to do his medical he did it and a month later he did received is immigration visa in the mail. tht was about May June 2012 we werent liviving a complete year at the time he left jamaica jan 2013. cause the visa would have expried in apr 2013. My mom and my brother migrated 5 months later to florida. so I told him she could write a letter and so could my brother but he said he isnt gonna cancel

thts why im saying i dont think he was misrepresented.

 

[sammystorm19]

I wasn't frustated with you at all...you were asking questions and not telling us the whole story. When I answered you the questions you asked you came back with more information. You asked for my honest opinion and I gave it to you....you didn't like that.

My opinion still stands...I don't think that you will get through as common law. You told us the proof you did have wasn't enough and also when your boyfriend landed in Jan 13 he was common law and should have started that when he landed. Doesn't matter when he got his Visa. He was still common law when he landed. They will see this on the application. We are telling you this information to help you out so nothing does happen.

I wish you all the best and hope that everything works out for you and they don't return your application. Also I am sorry if you took anything I said the wrong way. I'm only trying to help out

 

[Roxie-B]

Just get married ASAP. Submit proof of marriage as additional info to your conjugal app. There is no problem changing a conjugal app to spousal app. You are still asking the govt to see you guys as a couple. So now you will have more proof for the same request of yours. Your marriage will make your original application simply stronger.

Can I tell you Gabbie, Whats most upsetting is they wanting me to hurry up and marry. for me my wedding day is suppose to be special... we both ahave a big family on either sides and i want nothing more than to have everybody celebrate tht day with me. tht calls for money and we were trying to get over this hurdle first then we could save so we could get everyone to come . i dont want a hurry-come-up wedding :'(

 

[Roxie-B]

I wasn't frustated with you at all...you were asking questions and not telling us the whole story. When I answered you the questions you asked you came back with more information. You asked for my honest opinion and I gave it to you....you didn't like that.

My opinion still stands...I don't think that you will get through as common law. You told us the proof you did have wasn't enough and also when your boyfriend landed in Jan 13 he was common law and should have started that when he landed. Doesn't matter when he got his Visa. He was still common law when he landed. They will see this on the application. We are telling you this information to help you out so nothing does happen.

I wish you all the best and hope that everything works out for you and they don't return your application. Also I am sorry if you took anything I said the wrong way. I'm only trying to help out

I know Sammystorm... and as i said im grateful for all the info u guys are sharing and i have the same feeling as you guys but i cant change anything cause he wont let up.

 

[canuck_in_uk]

You guys are giving me renewed hope. But stil Im a little apprehensive, because That IO might just have been in a good mood to even consider giving the person a chance. it may not be the same for me especially in the kingston embassy.. where the cases are so much.

In Dec 2011 he started staying at my hous with my mom and my brother. (my dad is a us Citizen)some time in 2012 while staying with me they sent a letter for him to do his medical he did it and a month later he did received is immigration visa in the mail. tht was about May June 2012 we werent liviving a complete year at the time he left jamaica jan 2013.

It doesn't matter what the officer's mood is. Your partner committed misrepresentation; by law, you are excluded from the Family Class and cannot be sponsored.

The date he received the visa isn't important; the only date that matters is when he actually landed in Canada in Jan 2013. At that point, you had been living together from Dec 2011, over one year, and were common-law.

 

[Roxie-B]

It doesn't matter what the officer's mood is. Your partner committed misrepresentation; by law, you are excluded from the Family Class and cannot be sponsored.

The date he received the visa isn't important; the only date that matters is when he actually landed in Canada in Jan 2013. At that point, you had been living together from Dec 2011, over one year, and were common-law.

ok your point is noted

 

[sammystorm19]

ok your point is noted

Roxie - I just want to point out that Canuck_in_Uk also applied as common law and she does know a lot about this process