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PLEASE HELP !!!! Shall I add common-law to my application????

sorutome

Star Member
May 17, 2016
69
1
Something about me:
1. Applied EE with a score of 430(didn't mention I have a common-law. She is a PR already.)
2. Got AOR from OINP in June, 2016
3. PGWP will expire in 25 days


Is this going to work?
I will send out the application for PR by common-law along with an Open Work Permit application, before my work permit expire. Then hopefully I will receive the Open Work Permit(1 year extension?) in a few months. After I received it, I will cancel the application for PR by common-law, and continue to work legally under the new Open Work Permit. As I will likely to received the nomination from OINP within a year, I think I should be able to get ITA, and continue with EE.


Question:
a) Will it work?
b) Do I HAVE TO let OINP or EE know that I have a common-law? (I do not really want to do this because there will be changes to the application forms and etc.)
c) Will OINP and EE know I have a common-law when I send the PR application by commen-law?


Thanks very much!
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
First off - "PR by common-law" - I assume you mean a family class application, in the spouse/CL category.

You should know that before you apply, your CLP must apply to be approved as a sponsor. If s/he has not already applied and been approved, you cannot apply.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

Second - Since your CLP is already a PR, they CANNOT be a co-applicant - they cannot apply to be a PR if they are already a PR, so you do not add a PR or citizen to an application. You DO have to inform CIC about them, however - if you do not, that could be seen as misrepresentation.

You should change your EE profile, it will ask you about their status in Canada - you indicate PR, and that is basically it. If you get an ITA, the ONLY form you have to mention him/her on is the "Additional Family Information" form. You should also write a brief letter of explanation about why your CLP is not included in the application, that is because he/she is already a PR, and include a copy of the PR card. Done.

Not sure about OINP - assume the same rules apply.
 

sorutome

Star Member
May 17, 2016
69
1
jes_ON said:
First off - "PR by common-law" - I assume you mean a family class application, in the spouse/CL category.

You should know that before you apply, your CLP must apply to be approved as a sponsor. If s/he has not already applied and been approved, you cannot apply.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

Second - Since your CLP is already a PR, they CANNOT be a co-applicant - they cannot apply to be a PR if they are already a PR, so you do not add a PR or citizen to an application. You DO have to inform CIC about them, however - if you do not, that could be seen as misrepresentation.

You should change your EE profile, it will ask you about their status in Canada - you indicate PR, and that is basically it. If you get an ITA, the ONLY form you have to mention him/her on is the "Additional Family Information" form. You should also write a brief letter of explanation about why your CLP is not included in the application, that is because he/she is already a PR, and include a copy of the PR card. Done.

Not sure about OINP - assume the same rules apply.

Thank you jes_ON!

You are right, when I say "PR by common-law" - I mean a family class application, in the spouse/CL category.

I had absolutely no idea that my girlfriend should apply to be approved as a sponsor, first. :( I thought we can send out the application whenever we want.

Thank you.
 

sorutome

Star Member
May 17, 2016
69
1
jes_ON said:
First off - "PR by common-law" - I assume you mean a family class application, in the spouse/CL category.

You should know that before you apply, your CLP must apply to be approved as a sponsor. If s/he has not already applied and been approved, you cannot apply.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

Second - Since your CLP is already a PR, they CANNOT be a co-applicant - they cannot apply to be a PR if they are already a PR, so you do not add a PR or citizen to an application. You DO have to inform CIC about them, however - if you do not, that could be seen as misrepresentation.

You should change your EE profile, it will ask you about their status in Canada - you indicate PR, and that is basically it. If you get an ITA, the ONLY form you have to mention him/her on is the "Additional Family Information" form. You should also write a brief letter of explanation about why your CLP is not included in the application, that is because he/she is already a PR, and include a copy of the PR card. Done.

Not sure about OINP - assume the same rules apply.
Just wondering, can't we apply at the same time? I mean she applies to be approved as a sponsor, and at the same time I send out the PR application? Do I have to wait until she is approved?
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
sorutome said:
Just wondering, can't we apply at the same time? I mean she applies to be approved as a sponsor, and at the same time I send out the PR application? Do I have to wait until she is approved?
Check the information at the link I provided...
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
sorutome said:
I will send out the application for PR by common-law along with an Open Work Permit application, before my work permit expire. Then hopefully I will receive the Open Work Permit(1 year extension?) in a few months. After I received it, I will cancel the application for PR by common-law, and continue to work legally under the new Open Work Permit. As I will likely to received the nomination from OINP within a year, I think I should be able to get ITA, and continue with EE.


a) Will it work?
b) Do I HAVE TO let OINP or EE know that I have a common-law? (I do not really want to do this because there will be changes to the application forms and etc.)
c) Will OINP and EE know I have a common-law when I send the PR application by commen-law?
You have no intentions of going through with the sponsorship app and would be lying about it just to get the work permit. Lying to gain status in Canada is fraud, so tread very carefully here.


a) It may or may not work.

b) Not declaring your common-law partner was misrepresentation. I suggest you fix that ASAP.

c) Again, you need to declare your partner anyways.



jes_ON said:
First off - "PR by common-law" - I assume you mean a family class application, in the spouse/CL category.

You should know that before you apply, your CLP must apply to be approved as a sponsor. If s/he has not already applied and been approved, you cannot apply.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp
This is completely wrong. There is no separate sponsor application to be approved first. It is one application with both sponsor and applicant forms that MUST be sent in together.
 

sorutome

Star Member
May 17, 2016
69
1
canuck_in_uk said:
You have no intentions of going through with the sponsorship app and would be lying about it just to get the work permit. Lying to gain status in Canada is fraud, so tread very carefully here.


a) It may or may not work.

b) Not declaring your common-law partner was misrepresentation. I suggest you fix that ASAP.

c) Again, you need to declare your partner anyways.



This is completely wrong. There is no separate sponsor application to be approved first. It is one application with both sponsor and applicant forms that MUST be sent in together.
Thank you canuck_in_uk for clearing things up for me!