Proxy Marriage - PR Application

[gher06]

Hi there,

I'm currently on Work Permit and I am applying to Permanent Residency and I have the following case:

On February 2015 I sponsored my wife (with marriage by proxy on January 2015) and our child to come to Canada and they arrived here on June 04, 2015 with Work Permit and Student Permit receptively and since then we are living together in Canada.

I was about to send my PR application as married (as I did for me and my wife in our previous applications WP renewals on December 2017 and all of them granted).

Now preparing my PR application I realised that marriage by proxy are not recognised longer in Canada since June 11, 2015. So, I am not sure whether to send my PR application as married, because that is my current status in Canada (IRCC and CRA) or as a Common-Law because I got married by proxy and this kind of marriage is not recognised longer in Canada.

Should I send my PR application as married or Common-Law?

Thanks in advance.

Gher

 

[scylla]

Hi there,

I'm currently on Work Permit and I am applying to Permanent Residency and I have the following case:

On February 2015 I sponsored my wife (with marriage by proxy on January 2015) and our child to come to Canada and they arrived here on June 04, 2015 with Work Permit and Student Permit receptively and since then we are living together in Canada.

I was about to send my PR application as married (as I did for me and my wife in our previous applications WP renewals on December 2017 and all of them granted).

Now preparing my PR application I realised that marriage by proxy are not recognised longer in Canada since June 11, 2015. So, I am not sure whether to send my PR application as married, because that is my current status in Canada (IRCC and CRA) or as a Common-Law because I got married by proxy and this kind of marriage is not recognised longer in Canada.

Should I send my PR application as married or Common-Law?

Thanks in advance.

Gher

Go for common law. You are right in understanding that proxy marriage are no longer recognized.

 

[gher06]

Thanks guys,

I will apply as Common Law then, but I have a question about the start date.

The things is that we have been living together for more than 12 years (around the same age of our child) in total, but in between we had a breakdown as any relationship for more than 3 months which happened the time that I was applying for my first Work Permit (2015), and naturally I did not add her as dependant in that application.

What should I put as start date of the Common-Law?. The date when we started living together for the very first time which is more 12 years ago or the date after the breakdown?

Thanks again.

Gher

 

[scylla]

Thanks guys,

I will apply as Common Law then, but I have a question about the start date.

The things is that we have been living together for more than 12 years (around the same age of our child) in total, but in between we had a breakdown as any relationship for more than 3 months which happened the time that I was applying for my first Work Permit (2015), and naturally I did not add her as dependant in that application.

What should I put as start date of the Common-Law?. The date when we started living together for the very first time which is more 12 years ago or the date after the breakdown?

Thanks again.

Gher

I would consult a lawyer. Given this new information you've provided, your situation is pretty complicated and IRCC may say that your spouse is excluded from sponsorship. Did your partner move out during the months the relationship broke down? Were you no longer living together during this time? Do you have hard evidence to prove that you were separated and no longer in a relationship?

 

[scylla]

I have to say that I'm very confused by your case now and what you have posted doesn't make sense. In your first post you said this:

"On February 2015 I sponsored my wife (with marriage by proxy on January 2015) and our child to come to Canada and they arrived here on June 04, 2015 with Work Permit and Student Permit receptively and since then we are living together in Canada."

However in your second post you said this:

"The things is that we have been living together for more than 12 years (around the same age of our child) in total, but in between we had a breakdown as any relationship for more than 3 months which happened the time that I was applying for my first Work Permit (2015), and naturally I did not add her as dependant in that application."

These two statements contradict each other and don't make sense.

 

[gher06]

I have to say that I'm very confused by your case now and what you have posted doesn't make sense. In your first post you said this:

"On February 2015 I sponsored my wife (with marriage by proxy on January 2015) and our child to come to Canada and they arrived here on June 04, 2015 with Work Permit and Student Permit receptively and since then we are living together in Canada."

However in your second post you said this:

"The things is that we have been living together for more than 12 years (around the same age of our child) in total, but in between we had a breakdown as any relationship for more than 3 months which happened the time that I was applying for my first Work Permit (2015), and naturally I did not add her as dependant in that application."

These two statements contradict each other and don't make sense.

Sorry, I think I didn't explain my self well.

I'm listing the timeline, perhaps perhaps that could give a better idea.

- From 2006 till today we are living as couple (Same year my child was born).
- In December 2013 I applied for my first WP and that time we had a breakdown for more than 3 moths and I didn't add her as my dependent in the application.
- In April 2014 I arrived to Canada as WP.
- In January 2015 we got married by proxy.
- In February 2015 I sponsored hear an my child to come to Canada as WP and SP.
- In June 2015 the arrived to Canada and since then they are living here with me.
- In December 2017 we renewed our WPs and SP.

Thanks again,
Gher

 

[gher06]

I would consult a lawyer. Given this new information you've provided, your situation is pretty complicated and IRCC may say that your spouse is excluded from sponsorship. Did your partner move out during the months the relationship broke down? Were you no longer living together during this time? Do you have hard evidence to prove that you were separated and no longer in a relationship?

The answer for all questions is yes. But as it happened more than 5 years ago, is it still important this information in term to prove the Common-Law?

 

[zardoz]

The answer for all questions is yes. But as it happened more than 5 years ago, is it still important this information in term to prove the Common-Law?

You will need to include a complete history of the relationship as part of the Common-Law proof, but IRCC only actually requires that you meet the strict definition immediately before submission of the PR application. So, as long as you you have been together cohabiting for a minimum of 12 continuous months since any previous relationship breakdown, you should be OK.

 

[jes_ON]

Should I send my PR application as married or Common-Law?
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Another option is to simply get married again in Canada.

 

[unitytubes]

Hi guyz and the admin.
Is it possible to get the App version of this forum, so I don't have to type the domain always.

Thanks in advance.

 

[zardoz]

Hi guyz and the admin.
Is it possible to get the App version of this forum, so I don't have to type the domain always.

Thanks in advance.

There used to be an app for this forum but I think that it's long dead.

 

[daniigiannini88]

Hello!

So did it work? I also got married by proxy and I will have to show proof of common-law for them to assess my relationship as such. What documents did you provide?

Hi there,

I'm currently on Work Permit and I am applying to Permanent Residency and I have the following case:

On February 2015 I sponsored my wife (with marriage by proxy on January 2015) and our child to come to Canada and they arrived here on June 04, 2015 with Work Permit and Student Permit receptively and since then we are living together in Canada.

I was about to send my PR application as married (as I did for me and my wife in our previous applications WP renewals on December 2017 and all of them granted).

Now preparing my PR application I realised that marriage by proxy are not recognised longer in Canada since June 11, 2015. So, I am not sure whether to send my PR application as married, because that is my current status in Canada (IRCC and CRA) or as a Common-Law because I got married by proxy and this kind of marriage is not recognised longer in Canada.

Should I send my PR application as married or Common-Law?

Thanks in advance.

Gher