hi
@legalfalcon i got a question about changing my common-law spous status to a sowp based on my own pgwp. she currently holds her own pgwp.
at the time of application for her pgwp we were not common-law. as such she applied single. at the time of application of my own pgwp, we were still not common law, as such i applied single. my pgwp got approved just days after we 'oficially' had one year of living together but i did not realize at the time i had to update my status (i did not even know about common law rules, and we even filed taxes as single which were amended later once we realized the mistake).
according to the cic website "A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship" -- at the time, we had the rental leases that would have marked one year, but no further proof (no tax assesments yet, and no beneficiary info yet as saskatchewan takes two years for common law). we applied for PR together as common law of course, stating the start of common law as sept 2018 (same month my pgwp got approved) and provided all the proof for our pr app.
thus far, our pr app has passed eligibility and is just pending criminality (after rcmp request/submission).
two questions:
1. should i mention this mistake (the failure to update to common law for my pgwp, and a subsequent trv) in our current pr app? i honestly did not know about common law rules.
2. does the failure to update to common law in my pgwp make my partner eligible for a sowp, given that we were legally not considered common law at the time of application and only became common law in the same days as my pgwp was approved?
thanks in advance for your response