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sponsor a 4years boyfriend in PH

Rob_TO

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Nov 7, 2012
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13-07-2012
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beb25 said:
No. I moved here last 2012. So there is no chance? But we libed together in.Philippines in their house but i dont have bills to proof.
beb25 said:
We've lived together july 2010to october 2012 but I dont have proof because i live with his family amd dont have to share bills with them. And november 2012 came to canada as PR. I oblu have is pictures that we've been together since 2008. Would it be really possible that we can have chance to passed as common law?
It sounds like you were common-law with him back in Oct 2012, then got your PR and landed in Canada?

If that is the case, then you should have declared him on your initial PR application back in 2012. If CIC learns that you were living with him from 2010 to 2012 before you landed as PR, and that you didn't include him in your application, he will be banned forever under family class and you can never sponsor him, ever.
 

Zarilenth

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Oct 18, 2013
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07-03-2014
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beb25 said:
Yes im planning to go back home this end of year to get married and stay there for 2months.if eber we get the marriage certificate.how long are the process in order for him to step in canada?thank guys
It would be much better to get married and apply, I think. Here is the list of requirements for common law:
You are a common-law partner—either of the opposite sex or the same sex—if:
•you have been living together in a conjugal relationship for at least one year in an ongoing 12-month period (you are allowed short absences for business travel or family reasons).

You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of proof of:
•joint bank accounts or credit cards.
•joint ownership of a home.
•joint residential leases.
•joint rental receipts,
•joint registration or payment of utilities (electricity, gas, telephone),
•joint management of household expenses,
•joint purchases, especially of household items, or
•mail addressed to either person or both people at the same address.

Also, Rob_TO is correct, this is something to take into account:

Rob_TO said:
It sounds like you were common-law with him back in Oct 2012, then got your PR and landed in Canada?

If that is the case, then you should have declared him on your initial PR application back in 2012. If CIC learns that you were living with him from 2010 to 2012 before you landed as PR, and that you didn't include him in your application, he will be banned forever under family class and you can never sponsor him, ever.
 

Rob_TO

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Nov 7, 2012
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Category........
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App. Filed.......
13-07-2012
AOR Received.
18-08-2012
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21-08-2012
Med's Done....
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30-10-2012
LANDED..........
16-11-2012
screech339 said:
One could in theory lived to together for 1 year, become common law and then "break up". Live separate lives and after a short period or even longer got back together. The other can still apply for common law because they were together as common law and allowed separation for other purposes.
If by "break up" you mean end the relationship, then the common-law status would end. And if they got back together, would need to re-qualify from scratch again.

The time spent apart after achieving 1-year qualifying, is meant to be a temporary and short time apart, with the end goal to live together again. You need to prove that the conjugal relationship was genuine and continuing during the entire time spent apart.
 

Ponga

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beb25 said:
Yes im planning to go back home this end of year to get married and stay there for 2months.if eber we get the marriage certificate.how long are the process in order for him to step in canada?thank guys
Probably a couple of years, but you need to check the processing times on the CIC website.

It would take ~ 1-2 months for stage 1 (Sponsor Approval) and then a lot of months for stage 2 (approval of applicant).
 

Rob_TO

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Zarilenth said:
It would be much better to get married and apply, I think.
If she lived in a common-law relationship and didn't declare it on her own PR application, then it doesn't matter if they are married, he would still be banned forever under family class. OP will need to elaborate on their living situations before/after her getting PR.
 

beb25

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May 30, 2014
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I didn't declare him because until then I dont know what to do.my sister just sponsor us to get here in canada.back 2012. I dont have any idea.and we planned to get married at 2014.
 

Ponga

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Oct 22, 2013
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Rob_TO said:
If she lived in a common-law relationship and didn't declare it on her own PR application, then it doesn't matter if they are married, he would still be banned forever under family class. OP will need to elaborate on their living situations before/after her getting PR.
Uh oh...

You're absolutely correct that if she did not declare that she was in a common-law relationship with her partner, that's pretty much the end of a spousal sponsorship application option.

I think she is going to need a very good immigration lawyer to sort out this mess.
 

screech339

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Apr 2, 2013
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beb25 said:
I didn't declare him because until then I dont know what to do.my sister just sponsor us to get here in canada.back 2012. I dont have any idea.and we planned to get married at 2014.
When did you officially land as PR? The timing is quite critical here. If you did not officially become common law at time of landing, then you are okay. You mentioned get here in Canada back in 2012. Was that when you became PR or your sister started the sponsorship and you became PR later.
 

Ponga

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screech339 said:
When did you officially land as PR? The timing is quite critical here. If you did not officially become common law at time of landing, then you are okay. You mentioned get here in Canada back in 2012. Was that when you became PR or your sister started the sponsorship and you became PR later.
I don't think that is matters, because she would have applied long before she arrived in Canada, which would have been when she was in fact living common-law.
 

screech339

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Ponga said:
Uh oh...

You're absolutely correct that if she did not declare that she was in a common-law relationship with her partner, that's pretty much the end of a spousal sponsorship application option.

I think she is going to need a very good immigration lawyer to sort out this mess.
If she was in fact officially common law at time of landing, not only she could possibility never able to sponsor the boyfriend ever, she can lose her PR status due to misrepresentation. She wasn't allowed to become PR under parent sponsorship as a dependent. Once she became common law, she disqualified herself as a dependent of her parents. She mentioned her sister brought her here. So I assume she was brought in under parent sponsorship as a dependent.

Screech339
 

Rob_TO

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Nov 7, 2012
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Med's Done....
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Ponga said:
I think she is going to need a very good immigration lawyer to sort out this mess.
A lawyer couldn't even help, as the rule is very straightforward.

She would basically need to commit more misrepresentation and flat-out lie on her partner's application by changing their address history, in order to sponsor him.
 

Ponga

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Rob_TO said:
A lawyer couldn't even help, as the rule is very straightforward.

She would basically need to commit more misrepresentation and flat-out like on her partner's application by changing their address history, in order to sponsor him.
True, but if she has no way to prove that they were common-law (living with his family), how could CIC prove that they were in fact common-law?
 

screech339

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Ponga said:
True, but if she has no way to prove that they were common-law (living with his family), how could CIC prove that they were in fact common-law?
And you wondered why common law sponsorship get put under the microscope more closely than those who gotten married.
 

Rob_TO

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Nov 7, 2012
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13-07-2012
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18-08-2012
File Transfer...
21-08-2012
Med's Done....
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VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Ponga said:
True, but if she has no way to prove that they were common-law (living with his family), how could CIC prove that they were in fact common-law?
I'm not saying it can't be done. My point is, they would have to lie on the application.

Fact is they were living together from July 2010 to Oct 2012. Putting anything other than that on the application now, is misrepresentation. He would have to put all addresses he's lived at since age 18, and she would have done the same on her own PR application. Comparing the 2 would show common address shared for over 2 years time, unless he now lied on his new app.

If they want to commit more misrepresentation and hope they aren't caught, well that is up to them.