Need advice

[Urfriend]

Hey guys i need some advice, actually me and my boyfriend we lived together from last three years but we always show our status single and we filed our taxes seperately as single but now hez waiting to get his passport back and ready to do landing.. We are planning to get married in coming dec this year.. What is the best option we shud do..

 

[scylla]

Since you have lived together for more than a year - you are common law. He must add you to his PR application before he lands.

He cannot land on the visa he has been given since it lists him as single and he is not single. If he lands using the visa he has now, he will be committing misrepresentation (lying about his status). If he lands using the visa he has now, we will also never be able to sponsor you in the future and it's possible his PR status could be revoked for lying about his status.

So the only option available to him is to add you to his application now. He must also return the visa he has been issued and wait until CIC issues a new visa for both of you.

 

[Urfriend]

But we never declare our status and never file our taxes together so how come we are common law..

 

[scylla]

But we never declare our status and never file our taxes together so how come we are common law..

It doesn't matter. You're still common law. And sponsoring you later will still be a problem since the history you complete as part of the application will make it clear that you have been living together and are common law. Or you can lie in the application (which is misrepresentation) which would likely then be caught in the background check. Then you would still be refused and also end up with a five year ban from entering Canada.

He needs to add you to his application now - before he lands. He cannot use the visa he has been issued to land. He needs to add you to the application and then wait for a new visa to be issued. This is the ONLY option. Doing anything else will mess up your lives. Of course it's your choice.

 

[Urfriend]

So if he can add me now what is the first step we need to do... And will cic ask us that why he didnt add me before and why is he adding me now.. Plz help

 

[jes_ON]

Scylla is right... if you hope to become a PR through your partner, he needs to make this right before he lands.

If you don't, then your partner can land (although he is still at risk of a charge of misrepresentation), but if he lands without informing CIC of the change in marital status (from single to common-law), then he won't be able to sponsor you later.

Suggestions on moving forward -

You should have filed form RC65 with the CRA two years ago when you became common-law (after living together for one year). You can file this now retroactively to the correct date (it is possible there are some tax implications, but not likely to be significant if you don't have children). Complete this form, keep a copy/scan (you will need to submit this to CIC) before sending it to the CRA.

http://www.cra-arc.gc.ca/bnfts/mrtl/menu-eng.html

Your partner needs to contact CIC, explain that he didn't understand about common-law status, he thought he couldn't include you in the application because you aren't yet married (include info on the planned wedding). He understands now that he made a mistake, and ask CIC for guidance on how to correct his error. To add you to the current application, he will have to return the COPR and wait for your application to be processed before he can land.

Alternatively, seek the advice of an immigration lawyer.