Express123 said:
I waas debating whether to apply as single or common because my parther is canadian and is a non accompanying conjugal partner in my application
Confused much!
It is a confusing area of law. I looked everywhere and could not find whether you are OBLIGATED to report your common-law status, given that your boyfriend is Canadian and you will of course not be making an application for him to join you once you have PR. Under Canadian tax law, it is true that you MUST report a common-law relationship, there is no choice. Under other areas of law, including the registering of or dissolving of a common-law relationship, you have a choice. Immigration law seems to be silent on the subject, as the assumption is that you will WANT to claim it, and all the information involves how to prove such a relationship to CIC's satisfaction.
Absent a showing of actual law on the subject, in your shoes, I would apply as single. I do not see any misrepresentation there, as you are not trying to slip your boyfriend in under the wire! He is already in. If you were married, I would say you must report that, but in your circumstances, I doubt it.
If anyone can respond with the actual law on this subject, it would be helpful!
The argument for applying as single is that CRS points for people with spouses are lower than for singles, with points specifically for spouses adding to the total. But your boyfriend cannot contribute to your score, as he is Canadian. Your score will be lower if you apply as common-law.
The argument for applying as someone with a spouse is that if you were married to a Canadian you would have to list him. And it is the more comfortable, safer thing to do. If you choose this option, list him as non-accompanying, and then upload his Canadian birth certificate in place of his medical exam and police reports, which he does not need to get but which your application will ask for.
Good luck!
