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Krissy1193

Newbie
Aug 2, 2022
3
0
Hi everyone,

I have been out of status for quite sometime now and planning on applying for common law sponsorship. I had applied for it last year in 2021 however we withdrew our application because of a complicated situation.

Background story:

My boyfriend and I moved together in Jan 2016 with both of our names on the lease. He wasn’t a PR then. He got his PR in October 2016. As it wasn’t 1 year yet he didn’t put me as a dependent on his PR application. Also when he moved with me he never changed his address in any of the documents for personal reasons (He used to live with his cousin before he moved). Even on his PR application his old address was meant. However he changed his address on all documents in Feb 2017. (I fell out of status in January 2017) and we decided that we are gonna apply for common law sponsorship. We started doing our taxes in 2017 as common law (Even though his address wasn’t changed in any documents until Feb 2017, we lived together throughout 2016 we did the taxes that way).We started collecting other documents.

Fast forward to end of 2018 we gathered all the documents decided to apply but my boyfriend lost his job so we decided to postpone the application process.

2021 we decided to finally apply but because I was out of status and had to get PCC from my home country it too way too long and we applied. But my boyfriend got paranoid about some things the application. We had to withdraw it.

Reason we withdrew the application:

Even though we moved together in 2016 and did taxes as common law, he never had changed his address till February 2017. Even on his PR application his old address was mentioned. He got paranoid that it’s going to be a misrepresentation as we mentioned on the sponsorship application that we were living together since January 2016 when he applies for his citizenship.

We withdrew the application and we received it back in February of 2022.

In February 2022 we decided that we are gonna want to reapply some time this year as common law.
As he had not changed his address till 2017 and we had already filed out taxes as common law, we decided we are gonna go back on CRA and change some information for the year 2016. We only did that because he never changed his address until 2017 on any documents. We called CRA and we changed the marital status for 2016 and told them that we made a mistake (even though we didn’t). So our marital status for 2016 is single now, and we became common law in 2018 according to CRA. (Even though it’s technically 2017).

We had to make t house changes only because he didn’t mention the address that we were living at on his PR application and when he applies for citizenship he thinks it’s gonna be misrepresentation on the address part.

We are now planning to reapply in few months but I’m getting paranoid because when we applied in 2021 we provided the immigration the right lease (2016) and we made all those changes after we withdrew the application. So now when we reapply and provide them with new lease stating we started living from 2017 instead of 2016 is it gonna be a issue? Can they go back and check on the old withdrew documents provided when we applied last year? I don’t know. I’m worried. We are in a genuine relationship however this mess up has caused a mental stress to me.


What do you guys thing? Veteran forum people please tell me your thoughts
 
Hi everyone,

I have been out of status for quite sometime now and planning on applying for common law sponsorship. I had applied for it last year in 2021 however we withdrew our application because of a complicated situation.

Background story:

My boyfriend and I moved together in Jan 2016 with both of our names on the lease. He wasn’t a PR then. He got his PR in October 2016. As it wasn’t 1 year yet he didn’t put me as a dependent on his PR application. Also when he moved with me he never changed his address in any of the documents for personal reasons (He used to live with his cousin before he moved). Even on his PR application his old address was meant. However he changed his address on all documents in Feb 2017. (I fell out of status in January 2017) and we decided that we are gonna apply for common law sponsorship. We started doing our taxes in 2017 as common law (Even though his address wasn’t changed in any documents until Feb 2017, we lived together throughout 2016 we did the taxes that way).We started collecting other documents.

Fast forward to end of 2018 we gathered all the documents decided to apply but my boyfriend lost his job so we decided to postpone the application process.

2021 we decided to finally apply but because I was out of status and had to get PCC from my home country it too way too long and we applied. But my boyfriend got paranoid about some things the application. We had to withdraw it.

Reason we withdrew the application:

Even though we moved together in 2016 and did taxes as common law, he never had changed his address till February 2017. Even on his PR application his old address was mentioned. He got paranoid that it’s going to be a misrepresentation as we mentioned on the sponsorship application that we were living together since January 2016 when he applies for his citizenship.

We withdrew the application and we received it back in February of 2022.

In February 2022 we decided that we are gonna want to reapply some time this year as common law.
As he had not changed his address till 2017 and we had already filed out taxes as common law, we decided we are gonna go back on CRA and change some information for the year 2016. We only did that because he never changed his address until 2017 on any documents. We called CRA and we changed the marital status for 2016 and told them that we made a mistake (even though we didn’t). So our marital status for 2016 is single now, and we became common law in 2018 according to CRA. (Even though it’s technically 2017).

We had to make t house changes only because he didn’t mention the address that we were living at on his PR application and when he applies for citizenship he thinks it’s gonna be misrepresentation on the address part.

We are now planning to reapply in few months but I’m getting paranoid because when we applied in 2021 we provided the immigration the right lease (2016) and we made all those changes after we withdrew the application. So now when we reapply and provide them with new lease stating we started living from 2017 instead of 2016 is it gonna be a issue? Can they go back and check on the old withdrew documents provided when we applied last year? I don’t know. I’m worried. We are in a genuine relationship however this mess up has caused a mental stress to me.


What do you guys thing? Veteran forum people please tell me your thoughts

I feel like you are both doing a lot of overthinking and I'm not sure it made sense to withdraw the other application. But what's done is done.

Yes, you should assume IRCC will have access to the details of the withdrawn application. So if there are any material changes in the new application then I would explain them through an LOE.
 
That was a lot of typing on your part.

Since you WERE living together beginning January 2016, do NOT pretend that you were not. Your names were on the lease, right? In terms of his tax filing in 2016, there may be an issue; you were not CL when he filed his taxes in 2016. If he received any benefit in doing so, he may want to file an amended return, but you should consult with others as I am not 100% certain:
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-address-information/marital-status.html
I crossed out the part above after reading your story again, sorry. You officially became CL in Jan 2017, not 2018.

Now, if he used an address that was not his on his own PR application (sorry, but I couldn't tell in your story), that would be misrepresentation, especially when he had to list his address history up to, and including the date that he submitted the application. Is this now a problem? No idea, but if I had to guess I would say maybe?

Since you're now saying that you want to apply for sponsorship and that he is now concerned about misrepresentation when applying for citizenship, you definitely need to wait for other `opinions', since that's what we are all usually giving here. Anything that has been submitted can probably be checked, if they have a reason to check. At the very least, you need to be truthful whenever you decide to apply for sponsorship.

Good luck!
 
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I agree with @scylla that a detailed LoE, at the very least, would be helpful for the officer that gets your sponsorship application!
 
What do you guys thing? Veteran forum people please tell me your thoughts

Since you're (by your own admission) paranoid, extremely worried, making erratic decisions about what to do and cannot write a brief explanation of the situation - my suggestion is you should have a lawyer do this.

It doesn't sound extremely complicated to me, but you're making it so, and doing it on your own is making things worse. HIre a professional. He/she can remove the extraneous stuff and focus on just the relevant info.
 
Might be a good idea to reach out to the law firm that generously provides these forums, considering they offer a free consultation.

I'm curious to know if the initial Address History misrepresentation in your partner's PR application would be an issue.
 
Might be a good idea to reach out to the law firm that generously provides these forums, considering they offer a free consultation.

I'm curious to know if the initial Address History misrepresentation in your partner's PR application would be an issue.

yes I’m thinking of that tbh. I will keep you posted about that here when I get info.
 
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