Need help with Common Law Application

[luofeid]

I am currently in a Common Law Relationship. I put my spouse in my EE profile, but since she has not done her IELTS and completed 1 year work experience, we decided to apply separately.

Just wondering that should I still put her information such as: Education history and Work Experience in 0205E form? Or should I write a cover letter to explain our situation?

Suggestion are appreciated, thanks in advance!

 

[AnnaBG]

wait ... do you mean she has not reached a year of experience?

If this is so and she has not done IELTS she has no chance alone.

 

[luofeid]

Thanks for the reply.

She will be 1 year in March, 2016. And IELTS will be done soon.

The main question is that do I have to put her information in my Application form since I just applied myself?

 

[eddie_in_NL]

I think you have two legal options:

- include her in your application so you both get PR. This will reduce your points (not much though) until she gets IELTS, ECA, etc... You should check what your score would be like this, if it is still above 450 this is by far the preferred option. Or wait until she has done everything.

- apply unaccompanied. You would have a bit more points but would get PR yourself only and then would have to sponsor her later(which takes time). You still have to mention her in your application though, omitting could be considered misrepresentation.

I don't know if she can still apply on her own if you choose the second option, and if so, there's a risk she won't get it. But in any case, you both have to declare the relationship. If you don't, you risk misrepresentation. The risk may be small as they may not find out, but still a risk (they might check your facebook page or whatever and find out).

 

[Misha30]

I think you have two legal options:

- include her in your application so you both get PR. This will reduce your points (not much though) until she gets IELTS, ECA, etc... You should check what your score would be like this, if it is still above 450 this is by far the preferred option. Or wait until she has done everything.

- apply unaccompanied. You would have a bit more points but would get PR yourself only and then would have to sponsor her later(which takes time). You still have to mention her in your application though, omitting could be considered misrepresentation.

I don't know if she can still apply on her own if you choose the second option, and if so, there's a risk she won't get it. But in any case, you both have to declare the relationship. If you don't, you risk misrepresentation. The risk may be small as they may not find out, but still a risk (they might check your facebook page or whatever and find out).

Eddie I have a question please:
Me and my boyfriend are applying for PR via Express Entry. He is the principle applicant I am his common law (he has the skilled experience and job offer, I don't but we both have IELTS and ECA). We are both legally in Canada (he works I study) at the time of application so I guess he has to put me in as accompanied. Do we still have to prove that we are really together - lease, bills etc. or does it get a little easier like this because the way I understand it this is a different case to Family Sponsorship..
Thanks a lot for your thoughts..

 

[AnnaBG]

Eddie, this "risk" you say exists ... not really true. common law and a relationship are two very different things to CIC...

Even if you have a relationship you can apply alone.
Common law is a marriage - like relationship and applying as common law you have to actually prove your relationship to CIC via common address registration for at least one year, common assests, joint bank account an so on... In some cases common law candidates are additionally asked for picures and more proof. In all cases common law relationship must be sufficiently proved to CIC.
So...dating someone is by no means common law and if you cannot prove the oposite you shouldn't be applying as such.

 

[Haseeb Anwer]

I continue POST GRADUATE DIPLOMA in HOSPITALITY MANAGEMENT....... before completion of my diploma... how I apply in HOSPITALITY MANAGEMENT in Canada????????

 

[eddie_in_NL]

Eddie, this "risk" you say exists ... not really true. common law and a relationship are two very different things to CIC...

Even if you have a relationship you can apply alone.
Common law is a marriage - like relationship and applying as common law you have to actually prove your relationship to CIC via common address registration for at least one year, common assests, joint bank account an so on... In some cases common law candidates are additionally asked for picures and more proof. In all cases common law relationship must be sufficiently proved to CIC.
So...dating someone is by no means common law and if you cannot prove the oposite you shouldn't be applying as such.

I totally agree with what you, but luofeid said they have a common law relationship, not that they were simply dating. If they have a joint bank account for example (as I do with my common law partner) it may become clear it is a common law Union.

 

[eddie_in_NL]

There's a specific IMM form you need to fill and sign under presence of a commissioner of oath. Then you attach one proof (lease, joint bank account, etc...) and send it to cic

It's simpler than it sounds and is explained when you get the doc checklist. Only catch is that you cannot do this too much in advance, it should be dated as close to your application as possible. (So do it only once he receive ITA)

 

[luofeid]

Thanks for your suggestion Eddie.

I am thinking to put her information into my application as well. But the question is that she does't have job reference letter from her previous employee. Really dunno what to do know

I think you have two legal options:

- include her in your application so you both get PR. This will reduce your points (not much though) until she gets IELTS, ECA, etc... You should check what your score would be like this, if it is still above 450 this is by far the preferred option. Or wait until she has done everything.

- apply unaccompanied. You would have a bit more points but would get PR yourself only and then would have to sponsor her later(which takes time). You still have to mention her in your application though, omitting could be considered misrepresentation.

I don't know if she can still apply on her own if you choose the second option, and if so, there's a risk she won't get it. But in any case, you both have to declare the relationship. If you don't, you risk misrepresentation. The risk may be small as they may not find out, but still a risk (they might check your facebook page or whatever and find out).

 

[luofeid]

The problem is that I applied alone when I set up my EE profile. My points will be below 400 if I added her.

I think I will just fill up her information in my application form, and write an explanation letter to visa officer?

There's a specific IMM form you need to fill and sign under presence of a commissioner of oath. Then you attach one proof (lease, joint bank account, etc...) and send it to cic

It's simpler than it sounds and is explained when you get the doc checklist. Only catch is that you cannot do this too much in advance, it should be dated as close to your application as possible. (So do it only once he receive ITA)

 

[luofeid]

My common law partner studied in Hospitality, but it was quite hard for her to find a CEC qualified job in Toronto.

However, you DON'T HAVE TO find a job which relate to your previous studies.

I continue POST GRADUATE DIPLOMA in HOSPITALITY MANAGEMENT....... before completion of my diploma... how I apply in HOSPITALITY MANAGEMENT in Canada????????

 

[eddie_in_NL]

Thanks for your suggestion Eddie.

I am thinking to put her information into my application as well. But the question is that she does't have job reference letter from her previous employee. Really dunno what to do know

You do not include this under her "work experience" session but declare this under her "Personal History" (forgot how it is called exactly) session. This way, you will not get points for her experience but it will not be required to provide her reference letter either. I have done that exactly and my application has been approved as of last Friday

 

[jes_ON]

The problem is that I applied alone when I set up my EE profile.

It seems that you did not realize it is mandatory to include a spouse/CL partner on your application (either as accompanying or non-accompanying), unless they are already a Canadian PR/Citizen. You should be aware that if you "apply alone," CIC would consider this misrepresentation. If you are in a common-law relationship, it is mandatory to declare it (same as if you were married).

My points will be below 400 if I added her. I think I will just fill up her information in my application form, and write an explanation letter to visa officer?

Um... eddie_in_NL is correct. Your legal options are to

1) Add her as non-accompanying, so your CRS is still calculated on your credentials alone (but this might be difficult to explain if she's already in Canada) - but you will still need most of her documents, including police clearances, medical exam...

2) Decline the ITA, wait until your partner obtains her language test results & other credentials, and re-apply as a couple.

If you proceed with your application, you risk not only being refused, but possibly charged with misrepresentation.

Don't know your situation, but if you can wait a couple of months until she's ready to apply with you, that would be by far the easiest option all around...