Sponsorship under Common Law

[amor1981]

Hello everyone. I am from Alberta and I need your advice please regarding my case. I and my common-law partner started living together in January 2015. His application for permanent residency at that time was on process. He got approved in April 2016. In May 2016, we formally applied for common-law at the registry office in our place. So in June of the same year, we submitted the necessary documents in my application for permanent residency under Family Sponsorship Class. I had my medical exam in April this year and it was successful. I received an update today from CIC telling me that I may not meet the requirements since my common-law partner was not yet a permanent resident by the time we started our common law relationship and he did not declare it in his application. They are asking me to provide any information or documents that would satisfy them that I am a member of the Spouse or Common Law Partner in Canada Class.

Any advice, please? Thanks in advance to those who will respond to my post.

 

[Rob_TO]

Hello everyone. I am from Alberta and I need your advice please regarding my case. I and my common-law partner started living together in January 2015. His application for permanent residency at that time was on process. He got approved in April 2016. In May 2016, we formally applied for common-law at the registry office in our place. So in June of the same year, we submitted the necessary documents in my application for permanent residency under Family Sponsorship Class. I had my medical exam in April this year and it was successful. I received an update today from CIC telling me that I may not meet the requirements since my common-law partner was not yet a permanent resident by the time we started our common law relationship and he did not declare it in his application. They are asking me to provide any information or documents that would satisfy them that I am a member of the Spouse or Common Law Partner in Canada Class.

Any advice, please? Thanks in advance to those who will respond to my post.

You become legally common-law for immigration purposes when you reach 12 months of cohabitation. Not when you decide to declare common-law status. The provincial rules for common-law (or interdependent relationship status in Alberta) do not apply to immigration. Common-law simply happens after 12 months for immigration, it is not a personal choice to make.

So you became common-law in January 2016. If he got approved for PR and landed as "single" in April 2016, he committed serious misrepresentation as he was actually common-law by immigration definition at the time.

Unfortunately this means now he can NEVER sponsor you for PR, ever. You can expect your current application to be rejected. Even if you got married, it wouldn't make any difference. Plus the further he tries to push the issue with IRCC, the more chance they could revoke his own PR status due to the misrepresentation.

You basically have only 2 viable options to get PR status now.
1. Qualify for and immigrate on your own, completely independent from your partner.
2. Your partner can voluntarily renounce his own PR status, and attempt to apply for PR again from scratch but this time including you in his application.

 

[amor1981]

You become legally common-law for immigration purposes when you reach 12 months of cohabitation. Not when you decide to declare common-law status. The provincial rules for common-law (or interdependent relationship status in Alberta) do not apply to immigration. Common-law simply happens after 12 months for immigration, it is not a personal choice to make.

So you became common-law in January 2016. If he got approved for PR and landed as "single" in April 2016, he committed serious misrepresentation as he was actually common-law by immigration definition at the time.

Unfortunately this means now he can NEVER sponsor you for PR, ever. You can expect your current application to be rejected. Even if you got married, it wouldn't make any difference. Plus the further he tries to push the issue with IRCC, the more chance they could revoke his own PR status due to the misrepresentation.

You basically have only 2 viable options to get PR status now.
1. Qualify for and immigrate on your own, completely independent from your partner.
2. Your partner can voluntarily renounce his own PR status, and attempt to apply for PR again from scratch but this time including you in his application.

So sad to hear that but thanks anyway for the explanation. Honestly we are not aware of the result it may cause for not declaring it at the proper time. Is there any chance that I can do to prolong my stay here in Canada to be with my family? We have 2 kids now and were both born here. I am currently holding an open work permit that will expire in October next year.

 

[amor1981]

So sad to hear that but thanks anyway for the explanation. Honestly we are not aware of the result it may cause for not declaring it at the proper time. Is there any chance that I can do to prolong my stay here in Canada to be with my family? We have 2 kids now and were both born here. I am currently holding an open work permit that will expire in October next year.

I am currently on maternity benefit at this moment because i just gave birth in April this year.

 

[Rob_TO]

So sad to hear that but thanks anyway for the explanation. Honestly we are not aware of the result it may cause for not declaring it at the proper time. Is there any chance that I can do to prolong my stay here in Canada to be with my family? We have 2 kids now and were both born here. I am currently holding an open work permit that will expire in October next year.

You can apply to extend your stay as a visitor, however this will be temporary and at some point in the future you will eventually be asked to leave Canada since you aren't allowed to permanently live here unless you're a PR.

If your partner got approved for PR under what I assume is an economic immigration stream just last year, is there any chance he will qualify again? If you don't qualify to immigrate yourself through an economic stream, your best option as a family may be to have your partner renounce his own PR status, and re-apply again. This may require your family to move out of Canada while his new PR app is being processed.

Really you must eventually get your own PR status if you want to have a life with your family in Canada, continuing to rely on various visas will not work forever.

You can also try appealing the PR rejection you will soon be getting, however this would have a practically zero chance to be successful as the rules surrounding non-declaration of family members is incredibly strict. You can always talk to an immigration lawyer for a 2nd opinion, but be very cautious around any lawyer who tells you that you have a good chance to win in appeal, as this is simply not true. Remember the lawyer will get paid whether you win or lose.

 

[amor1981]

I am currently on maternity benefit at this moment because i just gave birth in April this year.

If I will not reply to the CIC's letter which I expect that later they would send me the decision or if I voluntarily withdraw my application, will my partner's PR status at this time be affected?

 

[Rob_TO]

If I will not reply to the CIC's letter which I expect that later they would send me the decision or if I voluntarily withdraw my application, will my partner's PR status at this time be affected?

Based on stories we've read from others in the exact same situation you are (and sadly there are lots), the PR rejection you will eventually get does not usually involve further steps to revoke PR status of the sponsor. The visa officer typically rejects the app, and that is the end of it. However this is not to say investigation into the sponsor's misrepresentation will not happen, as everything is really up to IRCC.

At this stage, the damage has already been done as your app is in the final stage and the visa officer is already well aware of the misrepresentation. I doubt withdrawing the app would have any effect at this point, but whether you did or not either way my guess is I don't think anything will happen to your partner's PR status.

 

[amor1981]

If I will not reply to the CIC's letter which I expect that later they would send me the decision or if I voluntarily withdraw my application, will my partner's PR status at this time be affected?

Is applying for a student visa the best option so I can apply for permanent residency on my own in the future? I am so sorry for asking you lots of questions. I am really seeking for other's opinion at this time and I really appreciate your effort.

 

[Rob_TO]

Is applying for a student visa the best option so I can apply for permanent residency on my own in the future? I am so sorry for asking you lots of questions. I am really seeking for other's opinion at this time and I really appreciate your effort.

You can certainly attempt this. Although this is a long road ahead to finish school in a trade that would qualify you for immigration, and then get 1 year work experience and hopefully be able to be selected to apply for PR. For more details and info on strategies to do this, you should check out the international student or express entry sections of this forum.

Not sure how long you've been in Canada so far either, but you should also be aware getting a study visa may be a bit difficult. Due to your already extended time here, and having a partner/children in Canada, IRCC may feel you are just using the study visa as a means to stay in Canada long term. You will need to show sufficient funds to support your stay here (I think it's in the $20K range but not sure) and pay international student fees. They may want to see ties to your home country that would convince them you intend to return there after your study visa/PGWP is completed.

 

[amor1981]

You can certainly attempt this. Although this is a long road ahead to finish school in a trade that would qualify you for immigration, and then get 1 year work experience and hopefully be able to be selected to apply for PR. For more details and info on strategies to do this, you should check out the international student or express entry sections of this forum.

Not sure how long you've been in Canada so far either, but you should also be aware getting a study visa may be a bit difficult. Due to your already extended time here, and having a partner/children in Canada, IRCC may feel you are just using the study visa as a means to stay in Canada long term. You will need to show sufficient funds to support your stay here (I think it's in the $20K range but not sure) and pay international student fees. They may want to see ties to your home country that would convince them you intend to return there after your study visa/PGWP is completed.

 

[amor1981]

Hello. Can I get some advice again , please? In what way can my employer (Subway) help me in filing for permanent residency considering that I am currently holding an open work permit that will expire in October next year?

 

[Rob_TO]

Hello. Can I get some advice again , please? In what way can my employer (Subway) help me in filing for permanent residency considering that I am currently holding an open work permit that will expire in October next year?

If it's not a skilled job, then I really don't think they can do anything either for extending the work permit or for PR.

You can read more about Express Entry program and what types of jobs may qualify you, here: http://www.cic.gc.ca/english/express-entry/