Situation with a common-law sponsorship

[QuestionAsker]

We started living together in December 2018. We never had any joint accounts/bills, etc. We had different rooms and so on. If going by the law, we automatically became common-law partners in December 2019. (But that was irrelevant back then as my partner was not even applying for immigration or anything).

WE WERE BOTH LIVING WORKING IN CANADA DURING THE WHOLE PERIOD OF TIME.

August 2019 - I received an ITA and applied for PR for myself only as "single" through EE- CEC program. In February 2020, I became a PR as "single" without never updating my marital status information. Remained "single" for the entire process.

My partner is now applying for PR through a common-law sponsorship program where I am a sponsor. Since we moved into a new place where we share everything (space, bills, joing account , etc.) in November 2020, our common-law period, we will submit to IRCC will be November 2020-November 2021.

We started living together from December 2018, and I became a PR in February 2020. Meaning we probably became common-law midway in my PR process. However, on the PR application I have never mentioned any partners. Will this situation affect my PR status if we submit the common-law sponsorship application for my partner stating periods November 2020-November 2021 as cohabitation? Since on the application, it will show that we have been sahring the same addresses since Dec 2018 and we became common law long ago, in the middle of my PR application and they may raise the questions regarding my PR application back in 2019.

 

[scylla]

We started living together in December 2018. We never had any joint accounts/bills, etc. We had different rooms and so on. If going by the law, we automatically became common-law partners in December 2019. (But that was irrelevant back then as my partner was not even applying for immigration or anything).

WE WERE BOTH LIVING WORKING IN CANADA DURING THE WHOLE PERIOD OF TIME.

August 2019 - I received an ITA and applied for PR for myself only as "single" through EE- CEC program. In February 2020, I became a PR as "single" without never updating my marital status information. Remained "single" for the entire process.

My partner is now applying for PR through a common-law sponsorship program where I am a sponsor. Since we moved into a new place where we share everything (space, bills, joing account , etc.) in November 2020, our common-law period, we will submit to IRCC will be November 2020-November 2021.

We started living together from December 2018, and I became a PR in February 2019. Meaning we probably became common-law midway in my PR process. However, on the PR application I have never mentioned any partners. Will this situation affect my PR status if we submit the common-law sponsorship application for my partner stating periods November 2020-November 2021 as cohabitation? Since on the application, it will show that we have been sahring the same addresses since Dec 2018 and we became common law long ago, in the middle of my PR application and they may raise the questions regarding my PR application back in 2019.

Unfortunately this is a huge problem.

You were required to add your common law partner to your own PR application before you landed in Canada and became a PR. This was mandatory.

Since you failed to do this, it means you can never sponsor your partner. If you try submitting an application, you should expect it to be refused for this reason. Technically this also means to committed misrepresentation in your PR application. In practice, it's been rare that IRCC does anything about this as it relates to the person who already has PR (the sponsor).

Your partner should apply for PR on their own. Do they qualify through PNP or EE or CEC?

 

[QuestionAsker]

Unfortunately this is a huge problem.

You were required to add your common law partner to your own PR application before you landed in Canada and became a PR. This was mandatory.

Since you failed to do this, it means you can never sponsor your partner. If you try submitting an application, you should expect it to be refused for this reason. Technically this also means to committed misrepresentation in your PR application. In practice, it's been rare that IRCC does anything about this as it relates to the person who already has PR (the sponsor).

Your partner should apply for PR on their own. Do they qualify through PNP or EE or CEC?

Does it mean that I might also get in trouble in case they consider us common-law starting December 2019.

What if prior to November 2020 we lived in a shared house in different rooms with many other roommates..

 

[DimT44]

We started living together in December 2018. We never had any joint accounts/bills, etc. We had different rooms and so on. If going by the law, we automatically became common-law partners in December 2019. (But that was irrelevant back then as my partner was not even applying for immigration or anything).

WE WERE BOTH LIVING WORKING IN CANADA DURING THE WHOLE PERIOD OF TIME.

August 2019 - I received an ITA and applied for PR for myself only as "single" through EE- CEC program. In February 2020, I became a PR as "single" without never updating my marital status information. Remained "single" for the entire process.

My partner is now applying for PR through a common-law sponsorship program where I am a sponsor. Since we moved into a new place where we share everything (space, bills, joing account , etc.) in November 2020, our common-law period, we will submit to IRCC will be November 2020-November 2021.

We started living together from December 2018, and I became a PR in February 2019. Meaning we probably became common-law midway in my PR process. However, on the PR application I have never mentioned any partners. Will this situation affect my PR status if we submit the common-law sponsorship application for my partner stating periods November 2020-November 2021 as cohabitation? Since on the application, it will show that we have been sahring the same addresses since Dec 2018 and we became common law long ago, in the middle of my PR application and they may raise the questions regarding my PR application back in 2019.

You should have notified IRCC about the change in your circumstances during your PR application. Assuming you have been living together since Dec. 2018 then your partner is considered undeclared. I'm assuming this date, instead of Nov. 2020, since your justification for living together and not being partners does not make sense, raises a lot of red flags, and will require strong proof for IRCC if you want to go down that route. Based on all of that, and assuming my understanding is correct, then your partner is ineligible for sponsorship unless you qualify through the pilot project to sponsor undeclared family members.

 

[scylla]

Does it mean that I might also get in trouble in case they consider us common-law starting December 2019.

What if prior to November 2020 we lived in a shared house in different rooms with many other roommates..

The roommate thing is tricky. We have seen a few cases here where people have been fine and others where this has been a problem and PR has been refused.

As said in my original post, IRCC doesn't generally take any action towards the sponsor / PR based on experiences here. They just refused sponsorship if they feel it's a case where a common law partner was not declared.

 

[scylla]

You should have notified IRCC about the change in your circumstances during your PR application. Assuming you have been living together since Dec. 2018 then your partner is considered undeclared. I'm assuming this date, instead of Nov. 2020, since your justification for living together and not being partners does not make sense, raises a lot of red flags, and will require strong proof for IRCC if you want to go down that route. Based on all of that, and assuming my understanding is correct, then your partner is ineligible for sponsorship unless you qualify through the pilot project to sponsor undeclared family members.

Unfortunately OP isn't eligible for the pilot program since his/her PR was obtained through an economic immigration stream.

 

[DimT44]

Unfortunately OP isn't eligible for the pilot program since his/her PR was obtained through an economic immigration stream.

I just realized it and I was about to correct that. You're right, they don't qualify.

 

[DimT44]

The hell was I even supposed to know about that?

1. This is the law, it's been standard procedure since forever, and it's "common sense" just like changing your address for example.
2. It's almost always mentioned in one way or another during the application process. For example on your Acknowledgement of Receipt (AOR) or Passport Request Letter. Do you have your AOR document from back then?
Here are a few examples (check the bottom of the page):

 

[QuestionAsker]

1. This is the law, it's been standard procedure since forever, and it's "common sense" just like changing your address for example.
2. It's almost always mentioned in one way or another during the application process. For example on your Acknowledgement of Receipt (AOR) or Passport Request Letter. Do you have your AOR document from back then?
Here are a few examples (check the bottom of the page):

How do I know if my "marital status" change if I date someone for just a bit over a year... These sort of thoughts would have never even visited my mind... What is more, the real common-law rules kick in after 3 years of cohabitation... 1 years is only for sponosorhip application if I am not mistaken... The person who is applying for the program now never even though they would want to stay in Canada back in 2019...

 

[armoured]

We started living together in December 2018. We never had any joint accounts/bills, etc. We had different rooms and so on. If going by the law, we automatically became common-law partners in December 2019.
...We started living together from December 2018, and I became a PR in February 2019. Meaning we probably became common-law midway in my PR process.

According to the dates here, you were NOT common law in February 2019 when you say you became a PR.

If you started residing in December 2018, you could not have been common law before December 2019.

Before going further, please clarify.

 

[QuestionAsker]

According to the dates here, you were NOT common law in February 2019 when you say you became a PR.

If you started residing in December 2018, you could not have been common law before December 2019.

Before going further, please clarify.

Sorry. As it mentioned in the first paragraph, it was Feb 2020 when i became a PR... That was Just a typo that I fixed. Thanks