Please help!! PR application refused after adding Common Law Partner

[prsoon0595]

My girlfriend and I have been in Common Law relationship since 2021, but we only learned about this concept after she submitted her PR application earlier this year. That means, in her original PR application, she marked her marital status as "Single" (because back then, we did not even know what Common Law was).

She added me to her application as soon as we learned about Common Law, which is AFTER she submitted her PR application early 2024. However, we received a refusal letter from IRCC, stating that:

In the Immigration and Refugee Protection Act of Canada, IRPA, Subsection A16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires. As a result, you have not met the requirements of Subsection A16(1) and I have refused your application.

Anyone knows what we should do at this point? Can we appeal, and how likely can we win?

 

[scylla]

My girlfriend and I have been in Common Law relationship since 2021, but we only learned about this concept after she submitted her PR application earlier this year. That means, in her original PR application, she marked her marital status as "Single" (because back then, we did not even know what Common Law was).

She added me to her application as soon as we learned about Common Law, which is AFTER she submitted her PR application early 2024. However, we received a refusal letter from IRCC, stating that:



Anyone knows what we should do at this point? Can we appeal, and how likely can we win?

You can certainly appeal. No one here can tell you the chances of success without knowing the details of your application. Probably time to hire an immigration lawyer.

 

[prsoon0595]

You can certainly appeal. No one here can tell you the chances of success without knowing the details of your application. Probably time to hire an immigration lawyer.

Thank you!

In the meantime if anyone else has similar experience, please advise, thank you very much!

 

[prsoon0595]

We asked a few lawyers but none of them has dealt with similar cases before. Anyone here has been through, or heard about similar situations? Would you mind sharing your experience? Thank you very much we're definitely in urgent help

 

[Simba112]

We asked a few lawyers but none of them has dealt with similar cases before. Anyone here has been through, or heard about similar situations? Would you mind sharing your experience? Thank you very much we're definitely in urgent help

Your option is to re-apply or raise webform to reopen you application for reconsideration.

 

[prsoon0595]

Your option is to re-apply or raise webform to reopen you application for reconsideration.

Thank you for response! Do you know if it's a viable option to appeal the case and/or go to court?

 

[Simba112]

Thank you for response! Do you know if it's a viable option to appeal the case and/or go to court?

What will be your ground for going to Court?

 

[prsoon0595]

Your option is to re-apply or raise webform to reopen you application for reconsideration.

Below are our opinions, without legal input yet:

1. My girlfriend was drawn with Ontario Provincial Nomination and has 600 points added to EE. Adding Common Law would not have adversely impacted her draw, so she had no motive to hide it.
2. Common Law is not a concept in our home country.
3. We're updating this relationship proactively and before landing, without being questioned by IRCC, so we're being proactively truthful, but we're punished for being honest.

Thank you!