PFL - MISREPRESENTATION - NOT MENTIONING COMMON LAW

[priyabhee]

Hello experts,

I really need a quick guidance on my situation.

I applied for express entry profile in September 2024 and got an invitation in September 2024, I submitted my PR application on November 14th, 2024.

I am in common law relationship since November 1st, 2023 to present.

When I got invitation (September 2024), my status was mentioned as single in my express entry profile but when i submitted my profile I totally missed that I already completed my 1 year of living together and submitted PR as a single applicant only.

However later when we were discussing about the tax filing with my accountant, I realized that its already been one year living together and my civil status is common law.

I immediately sent a webform to ircc officer that I have completed 1 year of common law relationship and have to change the the relationship status to common law and also will add my partner in my PR file by providing all the information.

we got the request from ircc officer to submit all the documents and forms with regards my partner. I have already sent everything.

Today to my surprise I got PFL - Saying I have not declared my change of civil status as I was in common law relationship since November 1st, 2023 prior to receving my ITA and the information which was provided in the application was not truthful and can lead to misrepresentation.

Officer gave me 14 days time to respond.

I am confused here, my status was single when I recevied ITA. My status was changed to common law 14 days before submitting the PR. I filled the entire file and kept everything ready in september itself, I was waiting for my PCC, As soon as I got my PCC i uploaded all the documents and submitted the file.

I later in January realized that the status was supposed to be common law and immediately informed officer to change it to common law and add partner to the file.
I had no intention to hide anything. I sent webform to officer to be truthful about my relationship status and informed the officer right away.

Will I still get misrepresentation ban? How should I respond to the PFL

Please help me.

 

[Gumby749]

A PFL is not a ban, though it can be a step towards that. A PFL is your chance to explain your side of the story and show that it was a legitimate oversight and not a deliberate attempt at fraud/misrepresentation. Write a clear letter laying out timelines explaining that you didn't become common law until after the application was submitted, etc.

 

[priyabhee]

A PFL is not a ban, though it can be a step towards that. A PFL is your chance to explain your side of the story and show that it was a legitimate oversight and not a deliberate attempt at fraud/misrepresentation. Write a clear letter laying out timelines explaining that you didn't become common law until after the application was submitted, etc.

Yes I agree. However though civil status changed before submitting PR. We recognized that we missed the timeline and sent a webform already informing that 1 year status is completed and want to include the partners information as well. There was no request from officer, we proactively submitted it through webform still we got PFL so I am worried.

 

[canuck78]

Hello experts,

I really need a quick guidance on my situation.

I applied for express entry profile in September 2024 and got an invitation in September 2024, I submitted my PR application on November 14th, 2024.

I am in common law relationship since November 1st, 2023 to present.

When I got invitation (September 2024), my status was mentioned as single in my express entry profile but when i submitted my profile I totally missed that I already completed my 1 year of living together and submitted PR as a single applicant only.

However later when we were discussing about the tax filing with my accountant, I realized that its already been one year living together and my civil status is common law.

I immediately sent a webform to ircc officer that I have completed 1 year of common law relationship and have to change the the relationship status to common law and also will add my partner in my PR file by providing all the information.

we got the request from ircc officer to submit all the documents and forms with regards my partner. I have already sent everything.

Today to my surprise I got PFL - Saying I have not declared my change of civil status as I was in common law relationship since November 1st, 2023 prior to receving my ITA and the information which was provided in the application was not truthful and can lead to misrepresentation.

Officer gave me 14 days time to respond.

I am confused here, my status was single when I recevied ITA. My status was changed to common law 14 days before submitting the PR. I filled the entire file and kept everything ready in september itself, I was waiting for my PCC, As soon as I got my PCC i uploaded all the documents and submitted the file.

I later in January realized that the status was supposed to be common law and immediately informed officer to change it to common law and add partner to the file.
I had no intention to hide anything. I sent webform to officer to be truthful about my relationship status and informed the officer right away.

Will I still get misrepresentation ban? How should I respond to the PFL

Please help me.

To add to what @Gumby749 said you must provide concrete proof of your common law relationship. For example you need to provide proof for the the start of your 1 year of continuous living together like a lease with both your names on it, bills from the both of you with the same address starting from the beginning of the common law period and a a few bills with the same address with the date throughout the common law period, proof you updated CRA once you became common law, proof that you filed as common law when you filed your taxes, proof that you added your partner as a dependent on things like an extended healthcare plan, insurance, etc. IRCC needs you to clarify when you started living together and when you became common law and also that you are truly common law because many are trying to secure PR by adding a dependent at the last minute because people have no other pathway to PR.

 

[canuck78]

Yes I agree. However though civil status changed before submitting PR. We recognized that we missed the timeline and sent a webform already informing that 1 year status is completed and want to include the partners information as well. There was no request from officer, we proactively submitted it through webform still we got PFL so I am worried.

You didn’t inform IRCC as soon as you became common law and it’s unclear what kind of proof you submitted to prove that you are common law. You always had to prove that you were common law but VOs are also on alert because many temporary residents don’t have a clear pathway to PR and are declaring common law after the fact like you have done. If you provide multiple pieces of evidence showing that you at common law you should be fine.

 

[priyabhee]

To add to what @Gumby749 said you must provide concrete proof of your common law relationship. For example you need to provide proof for the the start of your 1 year of continuous living together like a lease with both your names on it, bills from the both of you with the same address starting from the beginning of the common law period and a a few bills with the same address with the date throughout the common law period, proof you updated CRA once you became common law, proof that you filed as common law when you filed your taxes, proof that you added your partner as a dependent on things like an extended healthcare plan, insurance, etc. IRCC needs you to clarify when you started living together and when you became common law and also that you are truly common law because many are trying to secure PR by adding a dependent at the last minute because people have no other pathway to PR.

All proofs are provided there is no issue with it and genuinely we both are in common law.

We just missed the timeline because I am pregnant and it’s is a high risk. So just missed it and later sent webform with all supporting documents

 

[priyabhee]

We

You didn’t inform IRCC as soon as you became common law and it’s unclear what kind of proof you submitted to prove that you are common law. You always had to prove that you were common law but VOs are also on alert because many temporary residents don’t have a clear pathway to PR and are declaring common law after the fact like you have done. If you provide multiple pieces of evidence showing that you at common law you should be fine.

We have provided all the required proofs

Joint lease agreement
Pictures together
ID proofs showing same addresses
Financial transactions
Tax returns showing the relationship as common law
Pregnancy proof as I am current pregnant
Joint bank account etc.

 

[Gumby749]

We

We have provided all the required proofs

Joint lease agreement
Pictures together
ID proofs showing same addresses
Financial transactions
Tax returns showing the relationship as common law
Pregnancy proof as I am current pregnant
Joint bank account etc.

I'm not an immigration officer, and this is just an uninformed opinion, but you were forthcoming and didn't try hide the relationship - you disclosed it to them voluntarily. You have lots of proof that you are together. I'd say that that these work in your favour that you have a good argument that you a made good faith effort to keep IRCC informed as soon as you realized your oversight. Being forthcoming and honest, and being the first party to identify the oversight is usually to your benefit.

 

[scylla]

We

We have provided all the required proofs

Joint lease agreement
Pictures together
ID proofs showing same addresses
Financial transactions
Tax returns showing the relationship as common law
Pregnancy proof as I am current pregnant
Joint bank account etc.

Can you copy and paste the PFL here (removing any personal details, of course)?

 

[canuck78]

We

We have provided all the required proofs

Joint lease agreement
Pictures together
ID proofs showing same addresses
Financial transactions
Tax returns showing the relationship as common law
Pregnancy proof as I am current pregnant
Joint bank account etc.

Pregnancy is not proof of common law. What is is important is to show things that prove you bothe have the same address over time. For example proof of both of your own bills with the same address over time starting from the beginning of your common law period and throughout the 2 year. Tax return showing you are common law is good but proof that you informed CRA when you became common law is also good evidence and also required because it impacts things like benefit calculation.

 

[canuck78]

Hello experts,

I really need a quick guidance on my situation.

I applied for express entry profile in September 2024 and got an invitation in September 2024, I submitted my PR application on November 14th, 2024.

I am in common law relationship since November 1st, 2023 to present.

When I got invitation (September 2024), my status was mentioned as single in my express entry profile but when i submitted my profile I totally missed that I already completed my 1 year of living together and submitted PR as a single applicant only.

However later when we were discussing about the tax filing with my accountant, I realized that its already been one year living together and my civil status is common law.

I immediately sent a webform to ircc officer that I have completed 1 year of common law relationship and have to change the the relationship status to common law and also will add my partner in my PR file by providing all the information.

we got the request from ircc officer to submit all the documents and forms with regards my partner. I have already sent everything.

Today to my surprise I got PFL - Saying I have not declared my change of civil status as I was in common law relationship since November 1st, 2023 prior to receving my ITA and the information which was provided in the application was not truthful and can lead to misrepresentation.

Officer gave me 14 days time to respond.

I am confused here, my status was single when I recevied ITA. My status was changed to common law 14 days before submitting the PR. I filled the entire file and kept everything ready in september itself, I was waiting for my PCC, As soon as I got my PCC i uploaded all the documents and submitted the file.

I later in January realized that the status was supposed to be common law and immediately informed officer to change it to common law and add partner to the file.
I had no intention to hide anything. I sent webform to officer to be truthful about my relationship status and informed the officer right away.

Will I still get misrepresentation ban? How should I respond to the PFL

Please help me.

Are you common law since November 2023 or did you become common law in November 2024? You only are deemed common law once you have lived together for a continuous year and are in a marriage type relationship. I suspect you may be confused with the definition of common law and only became common law in November 2024.