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Visiting, marrying and staying on

rohash1315

Member
Dec 1, 2017
19
1
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.
We started living as roommates really and eventually fell in love. Who decides “the moment or date” we actually got into a common law status. We were living with other people in the apartment. We only moved into our private apartment 5 months before he left the country. So is he my common law partner or not? It’s so subjective, how can we prove we were actually roommates initially when we lived together? We only have the common lease for those 5 months. Apart from that nothing in common except addresses which can be for roommates as well. So when I sponsor him, will cic just assume we were common law partners even though we were not committed?
 

canuck78

VIP Member
Jun 18, 2017
57,815
14,215
Pretty unlikely for 2 people to move in together as a couple who have never dated before. The fact that you co-habitated as roommates and then as a couple makes your application difficult. No matter what if you were in a relationship and living under the same roof your co-habitation started before that. The lawyer is only given you advice over the phone. The advice may be based on how you are explaining your situation.
 
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Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
You are at serious risk of NEVER being able to sponsor your common law spouse if you land as single. When you fill out the applications later to try to sponsor him, they will look at his address history, they know your address history (do NOT LIE HERE) and will then assume you are common law. You will then have to try to prove were not because you lived with other people. Proving you are NOT common law is much more difficult than proving common law. This exact scenario has been seen on this forum before and CIC excluded the partner forever for sponsorship.

If he can immigrate on his own merits via an economic stream, then by all means, take the very very bad advice given to you by two lawyers, but if he can not immigrate on his own and you do not declare him before you land, be prepared to move to his country (or another 3rd country) if you want to be with him because he will not get to Canada under your sponsorship if you don't declare him now.
 
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rohash1315

Member
Dec 1, 2017
19
1
You are at serious risk of NEVER being able to sponsor your common law spouse if you land as single. When you fill out the applications later to try to sponsor him, they will look at his address history, they know your address history (do NOT LIE HERE) and will then assume you are common law. You will then have to try to prove were not because you lived with other people. Proving you are NOT common law is much more difficult than proving common law. This exact scenario has been seen on this forum before and CIC excluded the partner forever for sponsorship.

If he can immigrate on his own merits via an economic stream, then by all means, take the very very bad advice given to you by two lawyers, but if he can not immigrate on his own and you do not declare him before you land, be prepared to move to his country (or another 3rd country) if you want to be with him because he will not get to Canada under your sponsorship if you don't declare him now.
If I change my status now (2 months after receiving PR visa) what is the possibility of being considered fraudulent by cic and getting my PR revoked?
 

Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
If I change my status now (2 months after receiving PR visa) what is the possibility of being considered fraudulent by cic and getting my PR revoked?
There is no fraud or misrepresentation if you change your status now. (provided you have not actually landed) As mentioned earlier in the thread,note that you came to understand that your partner is common law and you would like to add him now. Your PR can't be revoked at this point as you haven't yet landed and become a PR.

Now, the other side of that statement. If for some reason your spouse is inadmissible (medically or criminally) that will also make you inadmissible as a PR meaning they will not issue a visa for either of you. I do, however, suspect that he is healthy and not a criminal. Do NOT let that fact dissuade you from claiming him. If you don't, THAT is fraudulent and misrepresentation and absolute grounds for you to have your PR revoked. Nobody wants to be looking over their shoulder constantly and wondering. Don't put yourself in that situation.
 

rohash1315

Member
Dec 1, 2017
19
1
Hi everyone,

If I marry him before landing and inform cic of change in status, what other information should I include in my message? Do I mention common law at all now or won’t matter since we will be legally married?

Thanks!
 

Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Hi everyone,

If I marry him before landing and inform cic of change in status, what other information should I include in my message? Do I mention common law at all now or won’t matter since we will be legally married?

Thanks!
No, you won't need to mention common law at all if you are legally married.
 

rohash1315

Member
Dec 1, 2017
19
1
Hi everyone,
I wanted to share a detail that I missed mentioning before on the thread that might affect my application. My bf’s work permit expired on 26th October but he left Canada on 11th November last year. He stayed to collect his last salary, close bank accounts, wrap up everything and left around 15 days after his permit expired. When I add him to my current application, can this detail go against us?
Please let me know what’s my best option in this case.
Thanks
 

rohash1315

Member
Dec 1, 2017
19
1
Hi All,

I have informed Cic of my marital status change and received a response from them within a week to submit my husband’s documents. They also asked me to return my copr and pr visa in order for it to be cancelled. However, I got married outside Canada and cannot return my documents to Ottawa Office as per cic call centre agents. The agent said Ottawa does not receive or send international posts. I wrote back to CPP-ottawa explaining this but haven’t heard back from them. I also emailed my home country’s local visa office. No reply from them either. What should I do in this case? Where should I send my passport for cancelling PR VISA and copr docs?
Have gone through the forum and don’t think this has been asked before.
They gave me a deadline of 30 days to submit my husband’s documents but don’t know if they will process them unless the old PR VISA has been cancelled.
Any suggestions?