Visiting, marrying and staying on

[rohash1315]

Hi everyone!

Me and my bf met in Canada while we were studying. And we lived together for around 2 years after which his permit expired and he had to leave the country. Now he wants to come back and get married to me. I just got my permanent residency application approved.
The plan is that he will apply for a trv without stating his intention of getting married here.
The question is, in case he gets his trv approved, will getting married and immediately applying for an inland sponsorship, get us into trouble? We are both from India and have a genuine relationship.
We are having a really hard time being apart and cannot think of a better way to get him here as soon as possible.

Any ideas and suggestions will be helpful. If someone knows a good and honest lawyer specializing in such cases in Toronto, please let me know.

 

[Forte]

I thought scylla advised you to declare your common law relationship. Didn't you?

 

[zardoz]

Hi everyone!

Me and my bf met in Canada while we were studying. And we lived together for around 2 years after which his permit expired and he had to leave the country. Now he wants to come back and get married to me. I just got my permanent residency application approved.
The plan is that he will apply for a trv without stating his intention of getting married here.
The question is, in case he gets his trv approved, will getting married and immediately applying for an inland sponsorship, get us into trouble? We are both from India and have a genuine relationship.
We are having a really hard time being apart and cannot think of a better way to get him here as soon as possible.

Any ideas and suggestions will be helpful. If someone knows a good and honest lawyer specializing in such cases in Toronto, please let me know.

If you have NOT declared your common-law status to IRCC, you already have a problem. Getting married later will not help. Your "common-law partner", who you refer to as your "bf" should already be included in your application as a dependent. Therefore, your question is unnecessary. If you have not declared your common-law status, you will never be able to sponsor your "common-law partner" under R117(9)(d). Do NOT attempt to land as a PR until you have updated IRCC to include him and had new COPR documents issued to both of you. You will have to now wait until IRCC have completed medical and admissibility checks on him. You may, depending on the timing, also have to redo your medical examination. Repeat, do NOT attempt to land as "single".

 

[rohash1315]

Hi zardoz,

We went to see a lawyer (back when his permit expired) and he advised us to not declare our common law since I had already submitted my application and he said this could be considered as misrepresentation. He went on to explain that if I later want to sponsor him, it won’t be a problem since I can explain to cic there is no such thing as common law in our culture.
I’m worried now. If update cic now of my common law, won’t this be considered misrepresentation? Won’t I be questioned as to why didn’t I declare it on my application since this is not a new change in my status?
Also, he left the country in November 2017 and we have not lived together since then, are we still in common law?
Secondly, when we started living together initially, we were roommates and not in a relationship. Don’t know if that accounts for anything.

Please let me know if I should land as single or change application.

Thanks

 

[scylla]

Hi zardoz,

We went to see a lawyer (back when his permit expired) and he advised us to not declare our common law since I had already submitted my application and he said this could be considered as misrepresentation. He went on to explain that if I later want to sponsor him, it won’t be a problem since I can explain to cic there is no such thing as common law in our culture.
I’m worried now. If update cic now of my common law, won’t this be considered misrepresentation? Won’t I be questioned as to why didn’t I declare it on my application since this is not a new change in my status?
Also, he left the country in November 2017 and we have not lived together since then, are we still in common law?
Secondly, when we started living together initially, we were roommates and not in a relationship. Don’t know if that accounts for anything.

Please let me know if I should land as single or change application.

Thanks

Lawyer is 100% wrong. Doesn't matter if there's no such thing as common law in your culture - all that matters is Canada's definition of common law. Your lawyer is giving you horrible advice - hope you aren't paying for it.

As previously explained, you must update IRCC immediately and notify them you have a common law spouse you must add to your application. Do not land using the visa that's been issued to you as a single person. If you do, assume you will never be able to sponsor your partner and that your own PR status may be revoked.

 

[rohash1315]

Lawyer is 100% wrong. Doesn't matter if there's no such thing as common law in your culture - all that matters is Canada's definition of common law. Your lawyer is giving you horrible advice - hope you aren't paying for it.

As previously explained, you must update IRCC immediately and notify them you have a common law spouse you must add to your application. Do not land using the visa that's been issued to you as a single person. If you do, assume you will never be able to sponsor your partner and that your own PR status may be revoked.

My question is that if I change my status now, will that not put me in danger of misrepresenting? What is an explanation I can give for changing my status suddenly after months?

 

[zardoz]

My question is that if I change my status now, will that not put me in danger of misrepresenting? What is an explanation I can give for changing my status suddenly after months?

How about the obvious one. Your lawyer gave you bad advice and you have since discovered that as a result, you have made an error in the application, and now wish to correct it.

 

[rohash1315]

How about the obvious one. Your lawyer gave you bad advice and you have since discovered that as a result, you have made an error in the application, and now wish to correct it.

Ok. I’m going to do this. I just hope my PR is not revoked. Thanks a lot.

 

[rohash1315]

One more question please, if my partner is currently not living with me since 5 months, we are still okay to be called common law? When I apply for sponsorship, will I apply as common law or conjugal? Since he is not in Canada.

 

[goteborg]

Hi everyone!

Me and my bf met in Canada while we were studying. And we lived together for around 2 years after which his permit expired and he had to leave the country. Now he wants to come back and get married to me. I just got my permanent residency application approved.
The plan is that he will apply for a trv without stating his intention of getting married here.
The question is, in case he gets his trv approved, will getting married and immediately applying for an inland sponsorship, get us into trouble? We are both from India and have a genuine relationship.
We are having a really hard time being apart and cannot think of a better way to get him here as soon as possible.

Any ideas and suggestions will be helpful. If someone knows a good and honest lawyer specializing in such cases in Toronto, please let me know.

gustavo linares +1 647 779 6463 REALLY GOOD LAWYER IN TORONTO (LITTLE PORTUGAL) hes doing my file

 

[canuck_in_uk]

One more question please, if my partner is currently not living with me since 5 months, we are still okay to be called common law? When I apply for sponsorship, will I apply as common law or conjugal? Since he is not in Canada.

You are still common-law and as already stated so many times, you will NOT be able to sponsor your partner. You need to add him to your current app.

 

[rohash1315]

gustavo linares +1 647 779 6463 REALLY GOOD LAWYER IN TORONTO (LITTLE PORTUGAL) hes doing my file

Thank you!

 

[rohash1315]

You are still common-law and as already stated so many times, you will NOT be able to sponsor your partner. You need to add him to your current app.

Ok. I’ll add him to my current app. I received my pr visa more than a month ago. Extremely worried of risking my application for misrepresentation which is why I’m asking multiple times. Sorry everyone. And thanks again for your help!

 

[rohash1315]

Contacted the lawyer suggested by goteborg, and he said do not declare common law. Get married and sponsor. He said no one is compelled to declare common law if they don’t want to. This is so overwhelming. Why is everyone saying different things?
Is there an official link someone can help me with where I can get the information regarding my case? I’ve been trying to contact cic customer case but I can’t get through.

 

[canuck_in_uk]

Contacted the lawyer suggested by goteborg, and he said do not declare common law. Get married and sponsor. He said no one is compelled to declare common law if they don’t want to. This is so overwhelming. Why is everyone saying different things?
Is there an official link someone can help me with where I can get the information regarding my case? I’ve been trying to contact cic customer case but I can’t get through.

It is stated right in your guide. All family members MUST be declared and included. The definition of family members includes common-law partner.

http://www.cic.gc.ca/english/helpcentre/glossary.asp#family_members

Family members - An applicant’s closest relatives, in the context of an application to CIC. It is defined as a spouse or common-law partner, dependent children, and their dependent children.