Partner didn't mention having a gf while entering Canada - can sponsor now?

[Ryathe]

Hi all!

This forum has been like a gold mine of information so I hope you can help me with this problem:

I came to Canada (Montreal) with my partner in September 2011. He was entering as a perm resident (for the first time so he didn't have then PR card etc) and I came on a one year WHV.
At the airport we went to different check points (because of different statuses) and he didn't mention to his immigration officer that he came with me (didn't occur to him from what he said :)

Now we are thinking about applying for a sponsorship and we can prove our relationship from June 2011. BUT I've read somewhere on this forum that because he didn't mention me when he was entering Canada now we may have problems with the whole process.

Is it true? :'( If that's the case then will this help? - instead of applying in June 2012 we can wait till September and apply then. Which would mean that while entering Canada we didn't have the common law partners status yet. Would that help? ???

 

[CharlieD10]

Were you cohabiting prior to coming to Canada? If yes, how long?

 

[Ryathe]

Hi CharlieD10,

Yes, we were living together since December 2010 actually but can't prove it due to the lack of any joint accounts, bills etc (he was living with me in my flat).

As we have a proof since June 2011, we thought of applying in June 2012. But in this situation....can moving it to September help?

 

[CharlieD10]

You might need a lawyer to explain the finer points of an application. You are astride a very fine line. Since you were cohabitating prior to the finalization of his application and his landing as a PR, you were obviously in a relationship of some permanence, to the point where you even accompanied him into Canada!

Technically, at the time you would not have qualified as his common-law partner (you were not living together for a year), but you were in a conjugal relationship and were just months short of being common-law partners for the purposes of CIC. It could be successfully argued, as all PRs are told in the letter that accompanies their visa issuance letter, that his family composition had changed and he was under obligation to declare this to the embassy that issued his PR visa.

Your situation needs a trained brain, I think. A lawyer or consultant is called for.

 

[rsmeet]

as long as u you did not qualify as a common law spouse which is 12 months living in together or married prior to his landing, i don't think will be an problem....