Tricky topic: a commonlaw partner that became an ex but to be again together...

[anthorana]

Hi everyone,

I have a tricky situation.

To give you the time line:

Septembre 2018: I applied to the Express visa entry program with at that time, put in my file my common law partner (6 years together). A couple of weeks later, I removed her from my file and we decided to a break and live separately.
April 2019: CIC canada asked me to prove to send proof that we were not together anymore which I did (statement from her side, apartment rental contract).
July 2019: I received my PR.
September 2019: we started dating each other again, but still living separately.
December 2019: We took the decision to go to Canada, me with my PR, her on a tourist visa.

Obviously, on my COPR it is written that I cannot sponsor someone that was on my file.

But, yes, we made a mistake, and decided to go back together.

A lawyer told me it should not be an issue, that this things happen, and that I should apply for a Humanitory sponsoring.

Any thought?

 

[canuck_in_uk]

Hi everyone,

I have a tricky situation.

To give you the time line:

Septembre 2018: I applied to the Express visa entry program with at that time, put in my file my common law partner (6 years together). A couple of weeks later, I removed her from my file and we decided to a break and live separately.
April 2019: CIC canada asked me to prove to send proof that we were not together anymore which I did (statement from her side, apartment rental contract).
July 2019: I received my PR.
September 2019: we started dating each other again, but still living separately.
December 2019: We took the decision to go to Canada, me with my PR, her on a tourist visa.

Obviously, on my COPR it is written that I cannot sponsor someone that was on my file.

But, yes, we made a mistake, and decided to go back together.

A lawyer told me it should not be an issue, that this things happen, and that I should apply for a Humanitory sponsoring.

Any thought?

Become common-law or get married and apply for sponsorship. No H&C involved.

 

[jddd]

Hi everyone,

I have a tricky situation.

To give you the time line:

Septembre 2018: I applied to the Express visa entry program with at that time, put in my file my common law partner (6 years together). A couple of weeks later, I removed her from my file and we decided to a break and live separately.
April 2019: CIC canada asked me to prove to send proof that we were not together anymore which I did (statement from her side, apartment rental contract).
July 2019: I received my PR.
September 2019: we started dating each other again, but still living separately.
December 2019: We took the decision to go to Canada, me with my PR, her on a tourist visa.

Obviously, on my COPR it is written that I cannot sponsor someone that was on my file.

But, yes, we made a mistake, and decided to go back together.

A lawyer told me it should not be an issue, that this things happen, and that I should apply for a Humanitory sponsoring.

Any thought?

Unless your CRS moved up exponentially when you removed her from your file which enabled you to get enough to be invited to apply for PR, I don't see any issues.

People break up and get back together all the time. Why would a lawyer recommend H&C? Weird lawyer.

 

[anthorana]

Thank you both for taking the time and replying.

So just to clarify, on the COPR, back in July 2019, is written (translate from French) "(...)any person currently under your responsability and who has never reviewed (by Canada Immigration) could never be sponsored by yourself".

So I guess thats the reason why the lawyer told me about the H&C sponsorship (and is charging CAD5,000 for the fees).

@canuck_in_uk when you say "become a commom-law", you mean to live together, for 1 year, then get married and apply...but how do you do a tourist visa (her current status since in January 2020)?

And today, we have to extend her Tourist visa for 6 more months (Spanish passport), but one of the question is, "Do you have a relative in Canada who has a PR or a citizenship)." As per IRCC, a "relative" is considered, a husband, a common law, children...".
So yes, we have been living since January 2020 in Canada together, but the Common-law status starts afteer 1 year.
==> Sorry for the stupid question, shall she just respond "No" to that question?


And my CRS score for the Express visa entry program was 497 at that time.

Sorry if it is not very clear and thank you very much.

 

[canuck_in_uk]

Thank you both for taking the time and replying.

So just to clarify, on the COPR, back in July 2019, is written (translate from French) "(...)any person currently under your responsability and who has never reviewed (by Canada Immigration) could never be sponsored by yourself".

So I guess thats the reason why the lawyer told me about the H&C sponsorship (and is charging CAD5,000 for the fees).

@canuck_in_uk when you say "become a commom-law", you mean to live together, for 1 year, then get married and apply...but how do you do a tourist visa (her current status since in January 2020)?

And today, we have to extend her Tourist visa for 6 more months (Spanish passport), but one of the question is, "Do you have a relative in Canada who has a PR or a citizenship)." As per IRCC, a "relative" is considered, a husband, a common law, children...".
So yes, we have been living since January 2020 in Canada together, but the Common-law status starts afteer 1 year.
==> Sorry for the stupid question, shall she just respond "No" to that question?


And my CRS score for the Express visa entry program was 497 at that time.

Sorry if it is not very clear and thank you very much.

That statement on the COPR meant anyone who was your dependent when you landed but not declared. You were no longer together, so she was NOT your dependent and that is completely irrelevant. Fire the lawyer. Serious waste of money.

You either need to marry or become common-law in order to sponsor her. She can do either as a visitor by extending her status.

You are NOT her common-law partner anymore. The answer is No.

 

[anthorana]

That statement on the COPR meant anyone who was your dependent when you landed but not declared. You were no longer together, so she was NOT your dependent and that is completely irrelevant. Fire the lawyer. Serious waste of money.

You either need to marry or become common-law in order to sponsor her. She can do either as a visitor by extending her status.

You are NOT her common-law partner anymore. The answer is No.

I am sorry, I thought I thanked you for your feedback...So thank you for your time and well noted!

 

[canuck_in_uk]

I am sorry, I thought I thanked you for your feedback...So thank you for your time and well noted!

No worries.