undeclared same sex common law partner

[myboss]

hello everybody! I would like to seek for a very good advice from anybody here who has knowledge or had experience the same situation.
I had a same sex partner when I was still living in the Philippines we started living together from Dec 2008 to Dec 2010 till me and my family received our PR. The time that my parents applied for Provincial Nominee and me , as their dependant child, me and my partner were living in the same house with my parents, we received our approval letter on Oct 2009, by that time, I wasn't really aware that Canada takes consideration for same sex couple and has to be included as non accompanying family member too, also we weren't able to fulfill the 12 month requirement yet for common law scheme during the time we received the approval, had I known we won't be still consider as common law anyways. Due to long wait and processing time we were able to reach almost 2yrs of living together. We really had no idea that that our relationship falls under common law especially we are same sex and same sex relationship is not legally recognize in the Philippines. It was just recently that I realized after reading some articles about sponsorships that we qualify under common law even same sex, Now is there a good chance I can still sponsor my same sex partner to come to Canada even though I didn't not include him on my previous application? Is there any sort of affidavit or support letter I need to provide to CIC to consider my application. I do have all the proofs and documents that we have lived on the same address but the only thing is I wasn't able to declare him prior to my previous application due to lack of knowledge about the concept/nature for same sex common law especially if your home country doesn't really recognize it. Anybody here who can give inputs of what to do? thank you very much!

 

[CdnandTrini]

hello everybody! I would like to seek for a very good advice from anybody here who has knowledge or had experience the same situation.
I had a same sex partner when I was still living in the Philippines we started living together from Dec 2008 to Dec 2010 till me and my family received our PR. The time that my parents applied for Provincial Nominee and me , as their dependant child, me and my partner were living in the same house with my parents, we received our approval letter on Oct 2009, by that time, I wasn't really aware that Canada takes consideration for same sex couple and has to be included as non accompanying family member too, also we weren't able to fulfill the 12 month requirement yet for common law scheme during the time we received the approval, had I known we won't be still consider as common law anyways. Due to long wait and processing time we were able to reach almost 2yrs of living together. We really had no idea that that our relationship falls under common law especially we are same sex and same sex relationship is not legally recognize in the Philippines. It was just recently that I realized after reading some articles about sponsorships that we qualify under common law even same sex, Now is there a good chance I can still sponsor my same sex partner to come to Canada even though I didn't not include him on my previous application? Is there any sort of affidavit or support letter I need to provide to CIC to consider my application. I do have all the proofs and documents that we have lived on the same address but the only thing is I wasn't able to declare him prior to my previous application due to lack of knowledge about the concept/nature for same sex common law especially if your home country doesn't really recognize it. Anybody here who can give inputs of what to do? thank you very much!

Hello myboss, is it correct to say that your parents sponsored you as a dependent on their PR application? And now you are a PR in Canada? If so, is your partner still living back in the Philippines? If so, has he tried to visit you in Canada yet? Need a few more details first please . Blessings.

 

[myboss]

Hi! Just a clarification on my previous post. my parents didn't sponsor me to come to Canada my dad applied for MPNP as the principal applicant and my mom and other siblings as accompanying family members. Yes my partner is still living in our house by himself in the Philippines. He haven't tried visiting me yet but I did visit him this year for about 6weeks. So I would like to know If we still need to pursue on our application under common law because i have all eveidence to show but the only problem is i wasn't able to declare him before.

 

[canuck_in_uk]

Hi! Just a clarification on my previous post. my parents didn't sponsor me to come to Canada my dad applied for MPNP as the principal applicant and my mom and other siblings as accompanying family members. Yes my partner is still living in our house by himself in the Philippines. He haven't tried visiting me yet but I did visit him this year for about 6weeks. So I would like to know If we still need to pursue on our application under common law because i have all eveidence to show but the only problem is i wasn't able to declare him before.

You say you lived together from Dec 2008 to Dec 2010 when you got PR but then you say you got PR in Oct 2009.

When did you actually land as a PR?

 

[Catou]

This exact same post from myboss was posted in three different threads and has resulted in a lot of experienced people helping. I'd suggest looking at myboss's profile for the latest posts to respond to. Seeing answers across three threads is confusing!

 

[myboss]

This exact same post from myboss was posted in three different threads and has resulted in a lot of experienced people helping. I'd suggest looking at myboss's profile for the latest posts to respond to. Seeing answers across three threads is confusing!

Sorry about that Catou, Im a newbie here and I thought posting to different threads would get me a better and quick response. sorry!

 

[myboss]

You say you lived together from Dec 2008 to Dec 2010 when you got PR but then you say you got PR in Oct 2009.

When did you actually land as a PR?

Yes we have lived together from Dec 29 2008-Dec 20 2010, We received our approval letter for nomination OCT 2009, I landed as a PR Dec 20 2010. What I was saying is, the time that my dad was approved and got a letter for nomination for MPNP , me and my partner were living together in the same house as my parents however we haven't reached the 1 yr requirement yet to be consider as common law during that time, and I wasn't really aware that same sex partner can be considered to apply and must be included in the application as this is not legally recognize in the Philippines. I admit its my fault too that I never really read the whole application guide as my parents were the ones who took the effort for filling out the form and they just asked me sign the documents. It was just recently I realized when I did my research that because of the time we have lived together back then we fall under the common law category even for same sex couple. does anybody here experience the same issue? Should we still pursue on our application or should we try a different application scheme?

 

[canuck_in_uk]

Yes we have lived together from Dec 29 2008-Dec 20 2010, We received our approval letter for nomination OCT 2009, I landed as a PR Dec 20 2010. What I was saying is, the time that my dad was approved and got a letter for nomination for MPNP , me and my partner were living together in the same house as my parents however we haven't reached the 1 yr requirement yet to be consider as common law during that time, and I wasn't really aware that same sex partner can be considered to apply and must be included in the application as this is not legally recognize in the Philippines. I admit its my fault too that I never really read the whole application guide as my parents were the ones who took the effort for filling out the form and they just asked me sign the documents. It was just recently I realized when I did my research that because of the time we have lived together back then we fall under the common law category even for same sex couple. does anybody here experience the same issue? Should we still pursue on our application or should we try a different application scheme?

The advice provided in response to your other posts is correct, it was misrepresentation to not declare your partner when you became common-law. As well, because it was actually your father's application, he committed the misrepresentation. He and the rest of the family could have their PR statuses revoked for that.

Pursuing any form of sponsorship app would require you to lie to CIC about your previous cohabitation. That is your decision, no one can advise you to do it.

 

[CdnandTrini]

The advice provided in response to your other posts is correct, it was misrepresentation to not declare your partner when you became common-law. As well, because it was actually your father's application, he committed the misrepresentation. He and the rest of the family could have their PR statuses revoked for that.

Pursuing any form of sponsorship app would require you to lie to CIC about your previous cohabitation. That is your decision, no one can advise you to do it.

But if the father applied before the OP had passed the one year mark with his partner (as I believe OP stated) then how is that misrepresentation?

 

[zardoz]

But if the father applied before the OP had passed the one year mark with his partner (as I believe OP stated) then how is that misrepresentation?

Any status change that would modify the outcome of the whole application MUST be declared before or at the time of landing. It is the principle applicant that has declared him as a dependent, when in fact his status changed to being a non-dependent. As the principle applicant has to land first and is in charge of the whole application, it is the PA that should make a declaration. The OP should also have made a declaration if the PA had landed before the status change but the OP had not already landed at that point. I didn't see anything to indicate however that they landed at different times.

 

[truesmile]

All said before on the other thread. There is NO solution, his partner is excluded from Family Class via paragraph 117(9). Don't waste your money, even appeals in these cases are denied.

 

[CdnandTrini]

Any status change that would modify the outcome of the whole application MUST be declared before or at the time of landing. It is the principle applicant that has declared him as a dependent, when in fact his status changed to being a non-dependent. As the principle applicant has to land first and is in charge of the whole application, it is the PA that should make a declaration. The OP should also have made a declaration if the PA had landed before the status change but the OP had not already landed at that point. I didn't see anything to indicate however that they landed at different times.

Thanks zardoz.

 

[Rob_TO]

We received our approval letter for nomination OCT 2009, I landed as a PR Dec 20 2010.

How did you officially land as a PR, 14 months AFTER getting your approval?? Didn't your medical expire well before Dec 2010?

 

[myboss]

We landed as a PR all at the same time as the PA (dad), i beleive we did our medical exam on Feb 2010. I guess my point here is that how could I declare my same sex partner on the application if we dont have any documents to show that we are common law by the time we submitted the application, governemnt of Philippines wont issue anything like that for same sex so it is really impossible for us to provide such things. We were living in the same house however we dont have any joint account/property bills or any act of cohabitation by that time yet.

 

[zardoz]

It's not just your status at the time of application that you need to consider. It's what your status was on the day you landed. If on the day you landed, you were common-law and you did not declare it then, misrepresentation may have occurred. If however you were not common-law on that day, you are not going to be able to sponsor your partner as common-law unless you return back and complete a full 12 continuous months of cohabitation.

You can't have it both ways...