Spousal sponsorship
- Thread starter Leon
- Start date
Hi here’s my situation..
I've been living in shared accommodation with friends since my university days in Canada, starting in 2019. Among them, one of the guys expressed his feelings for me and proposed in April 2023. I also had feelings for him, and we began living together since then. My application for permanent residency (PR) has been in the pool since 2022, and I received my Invitation to Apply (ITA) in October. Although we were in a relationship, I couldn't include him in my application as a common-law partner because we hadn't lived together for more than a year when I submitted my application, and we don't have any shared accounts or other proof. I submitted my documents in December. We recently got married in February 2024, with a few friends present, and I submitted this update to my profile through a webform. I'm uncertain about how the IRCC officer will assess this situation and what additional documents we might need to provide. Can anyone offer guidance?
I've been living in shared accommodation with friends since my university days in Canada, starting in 2019. Among them, one of the guys expressed his feelings for me and proposed in April 2023. I also had feelings for him, and we began living together since then. My application for permanent residency (PR) has been in the pool since 2022, and I received my Invitation to Apply (ITA) in October. Although we were in a relationship, I couldn't include him in my application as a common-law partner because we hadn't lived together for more than a year when I submitted my application, and we don't have any shared accounts or other proof. I submitted my documents in December. We recently got married in February 2024, with a few friends present, and I submitted this update to my profile through a webform. I'm uncertain about how the IRCC officer will assess this situation and what additional documents we might need to provide. Can anyone offer guidance?
Not going to claim to be an expert (don't follow xpress entry type apps much), but I don't see any issue. You will need to amend your app to include your spouse (which it sounds like you did). You weren't common law before, you now are married, you updated before you became a PR, no issue.
Even if they were to want to push the idea of you having been common law before (because in shared accommodation for several years), I don't see that you applied for anything where your spouse got a benefit (or would have done...) or where you were hiding something from IRCC. Obviously subject to there not being more that was left out.
There may be a bit of checking to make sure this isn't a marriage of convenience for your spouse to remain in Canada. Wait and see what they ask for. Do basic colleciton of things to show the relationship is real.
Thanks so much! I went through lot of other forums where it mentioned living under same roof will be considered as common law. Lot of people suggested to add him to my application and apply together during my initial application submission. However, the lack of proof of our common-law relationship before April 2023, aside from sharing the same address, prevented me from including him. would it have been better if I sponsored him after obtaining my PR status?
The way you have done it is fine. In my view having gotten married will make it easier.
Difficulties arise in two different ways when a couple has lived together under the same roof for years (eg as students) and then started a relationship later/afterwards:
-the most problematic is if one becomes a PR and then afterwards tries to sponsor the other - IRCC often will claim that the relationship was common law and the spouse should have been declared, and therefore can never be sponsored - ever. Burden of proof on PR to demonstrate it was not a common law relationship before. (Proving a negative is not easy)
-conversely, if trying to add someone common law but they don't have many proofs (because other roommates etc), ineligible as not demonstrated common law. Burden of proof on PR to show it really was common law. (At least in this case any ineligibility is not permanent.)
Yes, these are mirror image claims but with asymmetric results and consequences.
You are ok because you dn't seem to have not declared your partner as common law when required (crucially before becoming a PR), your story is straigthforward, and your marriage definitionally meets the 'is it a legally valid relationship' test (there is no subjective test as with common law).
Most important: you have added your spouse as dependent BEFORE becoming a PR. Now you should just have a relatively minor delay.
Repeat for anyone reading: it is CRITICAL to declare a common law or married spouse/partner BEFORE becoming a PR. If in ANY doubt whatsoever, you MUST check that you have not.
This board is FULL* of sad stories of couples who are subject to a permanent sponsorship ban because they 'didn't realize' it was required, often because they didn't realize that residing together 12 months means they are common law (by IRCC standards). IRCC will tend to interpret ANY 12 month period of cohabitation as common law - if you thought it 'didn't count' because it wasn't serious or not official by local laws or not permitted (eg for same sex couples) or whatever, you are wrong (ignorance is not an excuse).
Note, I think it's too harsh and the warnings not sufficiently clear (it should be in big red neon letters). But my opinion is irrelevant - as is yours.
*Okay, not 'full' but it's distressingly common.
I am a protected person. In February 2023, we received a letter and document checklist for my husband's Permanent residency who lives outside of Canada. We mailed the document to Sydney, NS which was mentioned in the IRCC website for mailing PR application. After one year, yesterday, the whole documents were returned noting that their office does not accept paper application anymore and we are required to submit it online. Now, I want to submit his application through IRCC PR Portal, but when I choose family class, spouse, it would show up three extra documents line IMM 1344 for me that I am not asked for in the first document we received from IRCC. What should I do?
Help! Me and my spouse still gathering documents and hopefully will able to submit application by June. I have some few questions that needs clarification. Do we submit police certificate with our application or do we need to wait for IRCC for the police cert request? Thank you
He is a croatian citizen and lived in Ireland for 4 years and England for 4 years
The default is that you should get the PCC in advance. Some countries will not do it in advance, but only with an instruction from IRCC/embassy (depends). As far as I'm aware all those countries do it in advance but not an expert.
When you 'get the application package' you select countries. It will say if there are any special instructions/requirements. Eg Croatia likely a military service form.
Check here and put Ireland and UK in the 'other countries' fields.
https://www.ircc.canada.ca/english/information/applications/spouse.asp
Hi,
I got married in May and my husband is a Canadian citizen he has sponsored me.
we submitted our file in November and I got my medicals & biometrics done in January since then their are no updates.
What is the normal timeframe & should I apply for Visit visa please suggest
I got married in May and my husband is a Canadian citizen he has sponsored me.
we submitted our file in November and I got my medicals & biometrics done in January since then their are no updates.
What is the normal timeframe & should I apply for Visit visa please suggest
Hi,
I got married in May and my husband is a Canadian citizen he has sponsored me.
we submitted our file in November and I got my medicals & biometrics done in January since then their are no updates.
What is the normal timeframe & should I apply for Visit visa please suggest
I got married in May and my husband is a Canadian citizen he has sponsored me.
we submitted our file in November and I got my medicals & biometrics done in January since then their are no updates.
What is the normal timeframe & should I apply for Visit visa please suggest