Future wife/common law sponsorship

[Visitor89]

Hi guys,

I have tried posting in different topics but I couldn't get a clear answer. Please help me if possible.

I came to Canada as a student from India and while on study permit I shared a house with some friends from Brazil. I fell in love with one girl (Brazilian Citizen) and since 2014 I am dating her( she was an exchange student and she has already returned back to her country in 2015). We were in the same house for more than a year but not as a conjugal (Bills etc, bank accounts everything was separate). We were dating more like a casual relationship.

Next year I will be eligible to apply for PR, but I would now like that I get her to stay with me as well. I don't know how to get this done.

1) Are we already in common law (we did live together technically and have been in contact since then) frankly I feel it will be wrong to do so because we were not a serious couple, we were students renting a huge house to save some rent money.

2)if we do so(apply common law now) we applied TRV and PGWP few months back. Amending common law on those permits wouldn't be a good idea right? ( we did live together for more than 12 months but we were more like dating but not conjugal as it says, not sharing bills, although we have traveled together and I have paid for her)

3)She has a Tourist visa and I have 3-year work permit now, if I invite her here someday and marry her here in Canada and then apply for my PR. Will that work?
(We are both from different countries and it will be hard for our parents to come here, we can get their notarized permissions to marry though)

4)Will our marriage be recognized as we both are Temporary residents and will be getting married in Canada.

Please suggest the best possible path that I use to continue my stay here in Canada and also have her back as my partner. Thanks

 

[Visitor89]

any help please?

 

[canadianwoman]

When you two were living in the same house, did you share a bedroom? If you did, and it was for one year or more, CIC would probably consider you common law. If you did not share a bedroom, or if you did, but for less than one year, CIC would probably not consider you common law.
The problem is that CIC might consider you common-law, in that you would have to declare her as your common-law partner if you applied for PR, but at the same time might refuse to recognize the relationship as common-law if you applied to sponsor her, because you don't have enough evidence.
It would be easiest to marry her before you apply for PR. That way, it does not matter if the visa officer thinks you were common-law or not beforehand. If you marry her before you apply for PR, she will be included on your application. If you marry in Canada, CIC will recognize the marriage even though both of you are temporary residents.
When applying for PR, you have to explain the development of your relationship. There you can explain about the housing arrangement, and how you did not feel you were common law but were just dating and by chance living in the same house.

 

[Visitor89]

When you two were living in the same house, did you share a bedroom? If you did, and it was for one year or more, CIC would probably consider you common law. If you did not share a bedroom, or if you did, but for less than one year, CIC would probably not consider you common law.
The problem is that CIC might consider you common-law, in that you would have to declare her as your common-law partner if you applied for PR, but at the same time might refuse to recognize the relationship as common-law if you applied to sponsor her, because you don't have enough evidence.
It would be easiest to marry her before you apply for PR. That way, it does not matter if the visa officer thinks you were common-law or not beforehand. If you marry her before you apply for PR, she will be included on your application. If you marry in Canada, CIC will recognize the marriage even though both of you are temporary residents.
When applying for PR, you have to explain the development of your relationship. There you can explain about the housing arrangement, and how you did not feel you were common law but were just dating and by chance living in the same house.

Thanks for your time! I really appreciate your help ! +1

I have few concerns now:

1)How will CIC know if I shared the same bedroom or not? If I say yes I did and now say we are in common law. This will create trouble for my existing post-graduate work permit and her Tourist visa right? it has single status on it. She left Canada in January 2016 and I applied permit in June 2016.

2)If I say I wasn't common law as I didn't share the same bedroom once again how would CIC know that? although this is more like a true situation because we never planned this relation. never shared or bought something together. 10 people shared the bills together which were on my name and I would go and pay it. Yes, we did travel a lot and I usually used to pay for her. Technically it lands me into both scenarios, I can prove common law and cannot too ( i don't want to lie so i will stick with this fact that I shouldn't declare common law although I can and get her a work permit and stay with me asap.)

3)The solution that I see from your post is that I should marry her and then apply PR. It would save us from the problem in the future but we both are not sure if we should take this step right away. We are still working on our careers. I believe if I apply my PR the way it is as a single applicant. In the future, I marry her and then sponsor her. Will that be the best idea? do u think CIC can say I misrepresented by not declaring her as Common law in the past? which is true because we never had the same bedroom.

Please advice and thanks a lot! Lot of good wishes for you

 

[canadianwoman]

In either situation, you can get letters or affidavits from the people who also lived in the house and the landlord. If you two were staying in the same room, they could say this. They could also explain about how the bills were shared.

The problem really is that depending on what you are trying to prove, CIC may take the opposite view. For example, if you try to prove you were common-law when you sponsor her for PR, CIC will probably say you do not have enough evidence. If you apply as single for your PR, then get married and sponsor her later, CIC may say you were common-law before you got married, and so should have declared her on your application. There are a couple of cases like yours, where the couple were staying together in a house with other people, did not declare themselves as common-law, and then the sponsorship application was refused because CIC felt they were common-law. In at least one of these cases, the sponsor won on appeal because he was able to prove that even though they were living together, it was not a common-law relationship. However, you want to avoid an appeal.

If you can get several of your former housemates to write letters or affidavits stating that you two had separate rooms, then applying now as single would be OK. You could then get married and apply to sponsor her later. It appears you were not actually common-law, so this would all be true and a legitimate way to proceed. As noted, though, I would just be a bit worried when CIC sees the same address for the two of you. The fact you went on trips together does not matter for the common-law aspect - though it is good proof for the PR sponsorship later that the relationship is genuine.
When you do sponsor her, you will have to explain the development of your relationship carefully, and stress that you had separate rooms in a large house with other housemates. Try to get the letters and affidavits now, while you still know where your housemates are, and while everything is still fresh in their minds - this is to prepare for later, after you get married and when you then sponsor her.

 

[Visitor89]

True,

I am thinking to get a Lawyer's opinion also on this situation. Proving her as Common law can help me live with her and frankly either ways its true i can prove common law or not. I will get the affidavit thing done but do you think this will be a red flag for CIC ? they can ask me why did i get this affidavit done to prove separate rooms. this might show them my intention that i am actually trying to sponsor her in future.

My friends live nearby and they will be able to help me with affidavits for sure. I gues ill have to make up my mind now and decide if I want common law or not. If i do then collect evidence for that and if not then collect evidnce to prove that we were not.

i have a lot of pictures, some money transfer receipts and maybe some bills addressed at same location. ( i forgot to mention that i used to live in basement and she was on the upper floor - same address though. D o u think that the things i mentioned above plus a Common law affidavit signed by bioth of us in presence of a lawyer can help me get her a work permit for now? and in future we apply for PR together?

(sorry for the tyoing errors, i used my phone and once again thanks a ton !! )

 

[canadianwoman]

I will get the affidavit thing done but do you think this will be a red flag for CIC ? they can ask me why did i get this affidavit done to prove separate rooms. this might show them my intention that i am actually trying to sponsor her in future.

I wouldn't use these now. Get them now, just because it might be hard to get them in the future as people move, forget things, etc. I would use them in your sponsorship application (after you get married) to show that while you two were living at the same address, you were not common-law. That should not be the only thing your friends write either: they should describe how they believe that you are a genuine couple, how they know you met because you met when you by chance moved into the same house, and how you were living in separate bedrooms and just dating.

If you were really not living in the same room, you were not common-law. It is true that CIC would only know this if you told them.

 

[Visitor89]

thanks again!

one last question. If we prove our common law do we need to get our permits editted ? our common law year can be from sept 2014 to december 2015. She got her tourist permit in feb 16 and i got my pgwp in june 2016 with single status. Thank you

 

[canadianwoman]

I don't think you can get the forms you already used changed. Trying to would only draw attention to it.

In the forms you have to discuss the development of your relationship. Are you living with her now? After living together for one year to establish common-law, you can then be living apart and keep the common-law status, but they might wonder why you are not living together now (or since she came back to Canada).

 

[zardoz]

You need to understand the legal definition of "common-law" according to IRPR (http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-1.html#h-1)

1 (1) The definitions in this subsection apply in the Act and in these Regulations.
common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

It is the "conjugal" portion of the definition which is likely to be the problem for you. Read http://business.financialpost.com/personal-finance/the-seven-factors-indicative-of-a-conjugal-relationship and http://info.lawyershop.ca/archives/2008/09/24/the-qualifications-for-common-law-and-conjugal-partners-when-sponsoring-a-spouse-to-canada/

Here is the actual case reference. https://www.canlii.org/en/on/onsc/doc/1980/1980canlii1537/1980canlii1537.html

 

[zardoz]

True,

I am thinking to get a Lawyer's opinion also on this situation. Proving her as Common law can help me live with her and frankly either ways its true i can prove common law or not. I will get the affidavit thing done but do you think this will be a red flag for CIC ? they can ask me why did i get this affidavit done to prove separate rooms. this might show them my intention that i am actually trying to sponsor her in future.

My friends live nearby and they will be able to help me with affidavits for sure. I gues ill have to make up my mind now and decide if I want common law or not. If i do then collect evidence for that and if not then collect evidnce to prove that we were not.

i have a lot of pictures, some money transfer receipts and maybe some bills addressed at same location. ( i forgot to mention that i used to live in basement and she was on the upper floor - same address though. D o u think that the things i mentioned above plus a Common law affidavit signed by bioth of us in presence of a lawyer can help me get her a work permit for now? and in future we apply for PR together?

(sorry for the tyoing errors, i used my phone and once again thanks a ton !! )

Based on the legally-recognized definition of common-law, it's my belief that you don't qualify for that status at this point in time. Be aware that misrepresentation can lead to a five-year ban from Canada for a foreign national.

 

[Visitor89]

Based on the legally-recognized definition of common-law, it's my belief that you don't qualify for that status at this point in time. Be aware that misrepresentation can lead to a five-year ban from Canada for a foreign national.

Thank you for such a detailed explanation. I have one question now and that is when i apply for my PR now do i show my girlfriend on documents at all ? because we both had same address and probably Cic knows that as we did our permits at that address. If i dont declare her as my common law now, will cic still say i mis represented when i actually marry her and then sponsor her ?

 

[zardoz]

Thank you for such a detailed explanation. I have one question now and that is when i apply for my PR now do i show my girlfriend on documents at all ? because we both had same address and probably Cic knows that as we did our permits at that address. If i dont declare her as my common law now, will cic still say i mis represented when i actually marry her and then sponsor her ?

No, if you ensure that you have evidence that confirms that you were not living effectively as a "couple". Make sure that you prepare for this eventuality, just in case it gets raised at some point in the future.

 

[Visitor89]

True. Can you guide what documents can i collect ?

1)we have facebook and lot of travel pictures. mosrly like couple as we were dating
2)i used to pay yhe bill for 9 people including her
3)i have paid for her trips to Canada

these few things are the concern which bother me. I can get a written proof from my other housemates but will that work ? just a page and signatures are enough or do i need to get it attested ?

When i apply for PR for her and show them this proof they might ask me why do i have this document first of all. they will think iam trying to mis represent something.


My situation is so tricky i need evidence either ways

 

[Visitor89]

Still getting mixed responses about this Query.

How can I get the correct response about this problem? I don't want to land into trouble in the future.