Previous Common Law Relationship?

[mpeng76]

Hello Everyone

This is my first time posting here and I have a question on IMM 1344 where it asks you "Have you been previously married or in a common law relationship".

Well I previously sponsored my now ex-girlfriend as common law but the application ended up with an interview then she was actually rejected because immigration thought "just because you guys are gf and bf and living together does not make you common law" (about 3, 4 years ago). We ended our relationship afterwards.

Now I am married and is looking to sponsor my wife to come to canada. I am wondering if the previous relationship was rejected would that still be considered a common law relationship? I am not sure whether to put yes or no to this question.

Any ideas of how this would impact my application process?

Thanks.

Michael

 

[youtube101]

I am no expert, but my simple answer is yes of course. CIC already knows this information about the previous common-law application. And since it was rejected and you now deem it was not common-law, then that would make it that they were right and you misrepresented it as common-law.

The answer would be yes, but double check from experts.

Thanks,

Hello Everyone

This is my first time posting here and I have a question on IMM 1344 where it asks you "Have you been previously married or in a common law relationship".

Well I previously sponsored my now ex-girlfriend as common law but the application ended up with an interview then she was actually rejected because immigration thought "just because you guys are gf and bf and living together does not make you common law" (about 3, 4 years ago). We ended our relationship afterwards.

Now I am married and is looking to sponsor my wife to come to canada. I am wondering if the previous relationship was rejected would that still be considered a common law relationship? I am not sure whether to put yes or no to this question.

Any ideas of how this would impact my application process?

Thanks.

Michael

 

[mpeng76]

I am no expert, but my simple answer is yes of course. CIC already knows this information about the previous common-law application. And since it was rejected and you now deem it was not common-law, then that would make it that they were right and you misrepresented it as common-law.

The answer would be yes, but double check from experts.

Thanks,

Thanks for your input. I guess I was just confused whether it is still common law if it was rejected. But you are right, they have all the info and it's best to acknowledge the previous application.
-
Michael

 

[SenoritaBella]

I think the answer to that question depends on whether you guys were actually common-law at the time you applied. Going by the reason for rejection, it sounds like one of two scenarios:

1. you were living together as bf and gf but not for 12 months but applied anyway - this would mean you were not eligible when you applied or
2. you were actually common-law but did not submit enough evidence to support your common-law status.

Perhaps get a consultation with a lawyer and bring a copy of that refusal letter from 3 or 4 years ago.

Or you can just answer 'Yes' and provide an explanation. Be sure your wife is aware of this as well as the reasons you guys broke up. They could ask her if there is an interview.

 

[mpeng76]

I think the answer to that question depends on whether you guys were actually common-law at the time you applied. Going by the reason for rejection, it sounds like one of two scenarios:

1. you were living together as bf and gf but not for 12 months but applied anyway - this would mean you were not eligible when you applied or
2. you were actually common-law but did not submit enough evidence to support your common-law status.

Perhaps get a consultation with a lawyer and bring a copy of that refusal letter from 3 or 4 years ago.

Or you can just answer 'Yes' and provide an explanation. Be sure your wife is aware of this as well as the reasons you guys broke up. They could ask her if there is an interview.

Thanks for the tip, appreciate your help here~! I think the reason was that we did not submit enough info to convince them, however that's the past now.

Do you think that a declaration of severance of common-law relationshio would be needed for the previous relationship? I find it hard to find a comissioner of oath to do that cause I am curent living in China together with my wife. Also, would the previous undertaking I signed be voided since the previous application was rejected?

Sorry for all the questions, I tried to look for these in the previous postings but no luck
Regards,
Michael

 

[Rob_TO]

Do you think that a declaration of severance of common-law relationshio would be needed for the previous relationship?

No, an official severance is NOT required. A common-law relationship can simply end when the couple breaks up and don't live together anymore.

http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf
5.37. When does a common-law relationship end?
A common-law relationship is deemed severed or ends upon the death of one partner or when at least one partner does not intend to continue the conjugal relationship. Again, the facts of the case must be examined to determine if the intent of at least one partner is to stop cohabiting in a conjugal relationship.

 

[SenoritaBella]

The undertaking takes effect from the day the sponsored spouse lands. Since the application was rejected, yours never took effect.

Thanks for the tip, appreciate your help here~! I think the reason was that we did not submit enough info to convince them, however that's the past now.

Do you think that a declaration of severance of common-law relationshio would be needed for the previous relationship? I find it hard to find a comissioner of oath to do that cause I am curent living in China together with my wife. Also, would the previous undertaking I signed be voided since the previous application was rejected?

Sorry for all the questions, I tried to look for these in the previous postings but no luck
Regards,
Michael