Shall I apply PR for my common-law partner or shall we apply separately?

[onon0408]

I'm from Hong Kong, planning to immigrate to Canada through Stream A. My common-law partner and I have already finished our studies as required and we're working on our PR application. We're struggling with whether I should be the main applicant and include her in my application or whether we apply separately.

Some of my friends tell me that it would be better if we apply for it since single applications usually get approved more easily and if one fails and the other succeeds, the successful one can help the other. But we're worried that IRCC will find it strange that we're common-law but then we're not applying for our partner.

Do you have any advice?

 

[scylla]

I'm from Hong Kong, planning to immigrate to Canada through Stream A. My common-law partner and I have already finished our studies as required and we're working on our PR application. We're struggling with whether I should be the main applicant and include her in my application or whether we apply separately.

Some of my friends tell me that it would be better if we apply for it since single applications usually get approved more easily and if one fails and the other succeeds, the successful one can help the other. But we're worried that IRCC will find it strange that we're common-law but then we're not applying for our partner.

Do you have any advice?

If you are common law then it is mandatory to include your partner in the application. Failing to do so is misrepresentation and means you can never sponsor your partner in the future.

Stop listening to your friends. They have no idea what they are talking about and following their advice has the potential to create very big issues for your immigration journey.

Note that common law means you have lived together continuously for one or more year.

 

[onon0408]

Thank you for your reply. I mean, I will certainly declare our relationship with each other. But I can still choose to apply PR for her or not, right? And if that's true, shall I apply for her as my dependent or shall we separately apply for our own PR while declaring the common-law relationship in each of our own applications?

 

[YVR123]

Thank you for your reply. I mean, I will certainly declare our relationship with each other. But I can still choose to apply PR for her or not, right? And if that's true, shall I apply for her as my dependent or shall we separately apply for our own PR while declaring the common-law relationship in each of our own applications?

It doesn't make sense to apply separately and declare each other as common law.
Each of the application, your (common law partner) dependent will need t go through medical, police, background check for your application to be approved. Dependent can be accompanying or non-accompanying but still have to go through the same process.

So why do everything twice and get PR separately just because someone said it's "faster".

And regardless of how "fast" it goes, you and your partner are NOT single any more.

 

[armoured]

...or shall we separately apply for our own PR while declaring the common-law relationship in each of our own applications?

Only reason I can think of to do this is if there is some doubt about whether either of you will qualify, i.e. just getting selected. If there's not much doubt, then whoever gets selected/invited first can complete the app.

This may be depend under which programs you're thinking of applying (I'm not an expert on this aspect), as the programs vary somewhat.

 

[YVR123]

Only reason I can think of to do this is if there is some doubt about whether either of you will qualify, i.e. just getting selected. If there's not much doubt, then whoever gets selected/invited first can complete the app.

This may be depend under which programs you're thinking of applying (I'm not an expert on this aspect), as the programs vary somewhat.

For Hong Kong Pathway Stream A, PA will qualify once he/she finished the study. (and fit requirement to be in Hong Kong Pathway) They do not need invitation/selected to apply.

 

[onon0408]

Thanks a lot. We decided to apply together now.

 

[wyswyg_38]

Hello. Can you please help me with my problem. I applied for a Provincial Nominee Program last year and it was approved Sept 2024. I included my son and my common-law partner (which is the father of my son) as my dependents. Next week Im planning to submit our PR application but I dont want to include my common law partner because we are not in good terms and he is also not interested to come here. Is it ok if I will not include him or is it a must to include him even if he is non accompanying? Thanks in advance.

 

[armoured]

Hello. Can you please help me with my problem. I applied for a Provincial Nominee Program last year and it was approved Sept 2024. I included my son and my common-law partner (which is the father of my son) as my dependents. Next week Im planning to submit our PR application but I dont want to include my common law partner because we are not in good terms and he is also not interested to come here. Is it ok if I will not include him or is it a must to include him even if he is non accompanying? Thanks in advance.

It is not a must to include him; it's possible IRCC will ask for more information/confirmation that no longer common law.

But a warning: if you do not include him as non-accompanying now, then you will NEVER be able to sponsor him in future. Also, including him as non-accompanying in no way, whatsoever, commits you to sponsoring him (now or ever). So my suggestion - if you think there is any chance at all that you will reconcile - consider carefully including him as non-accompanying.

 

[wyswyg_38]

Thank you. What if he dont want to cooperate in havning a biometrics and his medical?

It is not a must to include him; it's possible IRCC will ask for more information/confirmation that no longer common law.

But a warning: if you do not include him as non-accompanying now, then you will NEVER be able to sponsor him in future. Also, including him as non-accompanying in no way, whatsoever, commits you to sponsoring him (now or ever). So my suggestion - if you think there is any chance at all that you will reconcile - consider carefully including him as non-accompanying.

 

[armoured]

Thank you. What if he dont want to cooperate in havning a biometrics and his medical?

Then he'll never be able to be sponsored by you anyway, so just dump him.

 

[armoured]

Thank you. What if he dont want to cooperate in havning a biometrics and his medical?

One small note: if you can't clarify with him beforehand that he will cooperate, then don't include him. Doesn't make sense to go through explaining to IRCC in real time the relatonship is breaking down - decide which way to go before applying.

 

[wyswyg_38]

Thank you. What if he dont want to cooperate in havning a biometrics and his medical?

Yes I know I wouldn't able to sponsor him forever. But, I guess our son can sponsor him in the future? Am I right? Thanks.

 

[armoured]

Yes I know I wouldn't able to sponsor him forever. But, I guess our son can sponsor him in the future? Am I right? Thanks.

The ability to sponsor parents is HIGHLY uncertain - not clear what government's going to do with this at all, subject to long waiting periods and random chance as partially it's a lottery, and long-term requirements to show income above a certain level (by the applicant i.e. your son), and many end up surprised years later discovering whoops, their income in some period was insufficient.

And a possibility or likelihood that government could suspend, restrict further, or cancel altogether.

In short, would be foolish to think that is any more than a small chance. Not impossible, but basically only hypothetical if you're talking years in advance.

 

[wyswyg_38]

Thank you. What if he dont want to cooperate in havning a biometrics and his medical?

Can I submit a letter of explanation to my PR application addressing my single status, or is it preferable if I wait for the IRCC to ask about the changes in my status? Thank you so much.