Sponsoring a soon to be spouse

[missyani]

Hello,I just got here in Canada feb 27, 2013 to be exact,I landed 8months pregnant.,
Im not married yet.Im planning to sponsor the father of my future Baby just after giving birth..
They said i cant sponsor him via COMMON-LAW partner because I was sponsored as a dependent child and failed to declare him as a common-law partner before,during the application process.

any chance i could sponsor him????im planning to go back to the Philippines and marry him.will it still affect my status as a permanent resident here :-\
should i wait a year or two before applying??is my case really complicated????

 

[MilesAway]

If you lived together for a year, and were therefore common-law, you a) did not qualify as a dependent (I'll defer to someone with more knowledge on that though) and b) you cannot sponsor him ever.

Waiting a year or two will not matter if you were in fact common-law at the time of your application/landing. He is no longer a member of the family class as he was not declared, so you ccannot sponsor him at all, regardless of whether you marry him. The marriage shouldn't have any effect on your PR status, so long as you meet your residency obligations.

 

[missyani]

If you lived together for a year, and were therefore common-law, you a) did not qualify as a dependent (I'll defer to someone with more knowledge on that though) and b) you cannot sponsor him ever.

Waiting a year or two will not matter if you were in fact common-law at the time of your application/landing. He is no longer a member of the family class as he was not declared, so you ccannot sponsor him at all, regardless of whether you marry him. The marriage shouldn't have any effect on your PR status, so long as you meet your residency obligations.

thanks,that just made me wanna jump off a tall building :'(

 

[Steph C]

thanks,that just made me wanna jump off a tall building :'(

Missyani, you will have to go home and marry him, then you will have to prove that you were not common law before you landed in Canada. You would have to submit proof that you were just dating, such as proof that you lived at different addresses. Remember, to be common law you have to have lived together for 12 months. If you hadn't lived together 12 months you weren't common law.

 

[truesmile]

Yes, but if you already "said" you are common-law, presumably by trying to sponsor him before, you're in a bit of a catch-22. FSW (Federal Skilled Worker) Program re-opens in May, after much ado! Jump on that bandwagon EARLY, if your husband is able to do so.

 

[Steph C]

Yes, but if you already "said" you are common-law, presumably by trying to sponsor him before, you're in a bit of a catch-22. FSW (Federal Skilled Worker) Program re-opens in May, after much ado! Jump on that bandwagon EARLY, if your husband is able to do so.

She never said she was common law to CIC, so she could be okay to sponsor him as a husband.. but she lived a year and 4 months common law already. :'( Which if she had declared it could have invalidated her as a dependent child (although does it depend on the lock-in date? I don't know about these things..) If they didn't live as common law she would have been fine to go back, marry him and sponsor him as a husband. But it will be hard to lie to them since the couple has a baby already and they will see the same address. They're very hip to these sorts of things at CIC.
Sorry Missyani, I don't want to scare you, we just want to help you also..
FSW for him sounds like a goooood idea.

 

[Rob_TO]

They said i cant sponsor him via COMMON-LAW partner because I was sponsored as a dependent child and failed to declare him as a common-law partner before,during the application process.

Why do they think you were common-law when you landed, did you specifically tell CIC already that you were previously living with your partner for at least 1 continuous year?

Does anyone know if she could apply under humanitarian/compassionate considerations, since it could mean the baby growing up living without a father if he can't be sponsored?

 

[missyani]

She never said she was common law to CIC, so she could be okay to sponsor him as a husband.. but she lived a year and 4 months common law already. :'( Which if she had declared it could have invalidated her as a dependent child (although does it depend on the lock-in date? I don't know about these things..) If they didn't live as common law she would have been fine to go back, marry him and sponsor him as a husband. But it will be hard to lie to them since the couple has a baby already and they will see the same address. They're very hip to these sorts of things at CIC.
Sorry Missyani, I don't want to scare you, we just want to help you also..
FSW for him sounds like a goooood idea.

yup thats true i never said to CIC that we were living together,and not engaged as well w/c is true but we're planning.we dont have the same address he's living w/ his family in a far province,he didnt work and has no record he lived w/ me in the same address.

but the babyyyyyyyyyyyyyyyyyyyyyyy :'(

 

[missyani]

Why do they think you were common-law when you landed, did you specifically tell CIC already that you were previously living with your partner for at least 1 continuous year?

Does anyone know if she could apply under humanitarian/compassionate considerations, since it could mean the baby growing up living without a father if he can't be sponsored?

No i just assumend i can no longer sponsor him as a common-law partner.,i asked some people here too.I didnt tell CIC about him but they know i was already pregnant before becoming PR.

 

[Steph C]

yup thats true i never said to CIC that we were living together,and not engaged as well w/c is true but we're planning.we dont have the same address he's living w/ his family in a far province,he didnt work and has no record he lived w/ me in the same address.

but the babyyyyyyyyyyyyyyyyyyyyyyy :'(

There you go! Not the same address ;D Have your baby, get settled, then go home and have a nice wedding to your man. Then sponsor him as your husband including proof of the fact that you weren't common law before you landed.

 

[amikety]

No i just assumend i can no longer sponsor him as a common-law partner.,i asked some people here too.I didnt tell CIC about him but they know i was already pregnant before becoming PR.

As long as you weren't at the same address - he lived his parents and you lived with yours - that is not common law.

However, I will warn you to provide lots of proof. Lots and LOTS of proof because Manila likes to label couples common-law that aren't. I have read about cases with problems of couples that Manila decided were living together by their own judgement. Make sure you both say that you have never lived together. Make sure you don't list the same address on the forms.

It might help to search for common-law cases through Manila on the forum and read about them. You'll see what I mean. Manila seems to be especially suspicious.

Until then, prepare for your baby and enjoy being a mom! Congratulations on the baby and coming to Canada!

 

[canadianwoman]

Check any forms you filled in for your PR visa and at landing very carefully. Make sure there is no way CIC is going to think you lived together for a year. They will be suspicious, because of the baby and because you are planning to sponsor the baby's father shortly after landing as a PR yourself. Still, if you were not common-law, you should be able to sponsor him once you marry him.

Humanitarian and compassionate considerations won't work. If they were common-law, she should have declared him. She didn't, and that would mean she could never sponsor him. If they were not common-law, then she can sponsor him after getting married.

 

[AnaMaria]

There was a case similar to yours; a sponsor landed as a dependent not declaring "girlfriend" and his sponsorship to sponsor her as now wife was denied. I don't know the details whether he was living with her prior to his immigration. But you have to understand there is some risk.

I would start getting information about the PNP or FSW for him to be able to be qualified for PR under these programs.