Can she go on with the common law application?

[Olajoye]

Hello Everyone,

My girlfriend and I have been dating since 2013 in Nigeria before she moved to Canada in 2015 as a P.R.
She intends to file a common law application for me but the issue is that she's on the verge of applying for her Citizenship but she's scared. She thinks filling for me as her common law partner might jeopardise her Citizenship application.
Kindly enlighten me.
Thank you
Thanks.

 

[jddd]

Hello Everyone,

My girlfriend and I have been dating since 2013 in Nigeria before she moved to Canada in 2015 as a P.R.
She intends to file a common law application for me but the issue is that she's on the verge of applying for her Citizenship but she's scared. She thinks filling for me as her common law partner might jeopardise her Citizenship application.
Kindly enlighten me.
Thank you
Thanks.

Did you live together from 2013 to 2015?

 

[Olajoye]

Did you live together from 2013 to 2015?

Yes we did. We were in school then and we have evidences

 

[jddd]

Yes we did. We were in school then and we have evidences

Next question, how did your girlfriend get PR in Canada? Were you declared as non-accompanying spouse? Did you do your medicals?

 

[scylla]

Yes we did. We were in school then and we have evidences

In that case she can never sponsor you.

 

[k.h.p.]

In that case she can never sponsor you.

Unless he was declared as a non-accompanying spouse, but that question hasn't been answered yet.

 

[Olajoye]

Next question, how did your girlfriend get PR in Canada? Were you declared as non-accompanying spouse? Did you do your medicals?

It was through skilled program. Her mum was the principal applicant.
I wasn't declared as a non-accompanying spouse and i haven't done any medical yet since we haven't applied

 

[canuck_in_uk]

It was through skilled program. Her mum was the principal applicant.
I wasn't declared as a non-accompanying spouse and i haven't done any medical yet since we haven't applied

She and her mom committed misrepresentation. She did not qualify as a dependent. You are excluded as a Family Member and she cannot ever sponsor you.

 

[jddd]

It was through skilled program. Her mum was the principal applicant.
I wasn't declared as a non-accompanying spouse and i haven't done any medical yet since we haven't applied

To add to the above, even if your girlfriend gets citizenship first, when their misrepresentation is discovered it can be revoked. You should look at other ways to immigrate. She can never sponsor you.

 

[Olajoye]

OM

To add to the above, even if your girlfriend gets citizenship first, when their misrepresentation is discovered it can be revoked. You should look at other ways to immigrate. She can never sponsor you.

OMG! What other options can we use ? I have really missed my girl.

 

[k.h.p.]

OM

OMG! What other options can we use ? I have really missed my girl.

If she and you lived together for 12 months or more before she received her PR, there is nothing she can do for you.

You will need to get immigration status in Canada on your own - by applying for economic immigration, study, or other legal ways of getting there.

If she attempts to sponsor you on the basis of a common-law relationship before she got PR, or if you get married afterwards and attempt to be sponsored that way, the fact that your relationship started before her PR will be discovered and you're in a large amount of trouble, as is she, and her mom.

When people choose not to list spouses on PR applications thinking it will speed up their applications or make them more likely to be approved, this is one of the consequences.

 

[Olajoye]

If she and you lived together for 12 months or more before she received her PR, there is nothing she can do for you.

You will need to get immigration status in Canada on your own - by applying for economic immigration, study, or other legal ways of getting there.

If she attempts to sponsor you on the basis of a common-law relationship before she got PR, or if you get married afterwards and attempt to be sponsored that way, the fact that your relationship started before her PR will be discovered and you're in a large amount of trouble, as is she, and her mom.

When people choose not to list spouses on PR applications thinking it will speed up their applications or make them more likely to be approved, this is one of the consequences.

Wow
I honestly appreciate your responses. Thank you so much

 

[scylla]

OM

OMG! What other options can we use ? I have really missed my girl.

You have to qualify and apply for PR on your own through an economic immigration stream like Express Entry. Again, she can never sponsor you.

 

[LinkinMark]

In that case she can never sponsor you.

I really know very little about immigration but I'm interested to learn more and try to help people. But can you enlighten me as to why he is unable to ever be sponsored by her?

 

[jddd]

I really know very little about immigration but I'm interested to learn more and try to help people. But can you enlighten me as to why he is unable to ever be sponsored by her?

1. They lived together for over a year before the girlfriend became PR making them common-law spouses

2. The girlfriend got PR as a dependent on her parent’s own PR application

3. Because the girlfriend had a common-law spouse, she was no longer a dependent by IRCC standards, therefore, her parent misrepresented

4. IRCC mandates that everyone who applies for PR must include their common-law spouse/married spouse/children in the application, the penalty on not doing so is that those who are undeclared are no longer considered members of the family class, therefore can never be sponsored

In conclusion:

It looks like the girlfriend’s parent chose to misrepresent to be able to get the daughter PR but due to this lie, the boyfriend is no longer a member of the family class. It does not even matter if they get married, he is forever excluded.