Spouse sponsorship PFL for didn't declare common law relationship before.

[hoppe-0]

Hi, I am sponsoring my wife for permanent residency, recently got the PFL saying that I became PR after we were in common law relationship. I landed and got PR in Dec, 2022 with Single status. In my spouse PR application, we stated that we've been living together since Oct. 2021. I wasn't aware the fact that living after one year you became common-law relationship automatically and common-law relationship wasn't apply at all in the country where we were living together. The officer gave me 30 days to respond, any idea of explaination? What are the odds the application will be rejected?

 

[Naturgrl]

Hi, I am sponsoring my wife for permanent residency, recently got the PFL saying that I became PR after we were in common law relationship. I landed and got PR in Dec, 2022 with Single status. In my spouse PR application, we stated that we've been living together since Oct. 2021. I wasn't aware the fact that living after one year you became common-law relationship automatically and common-law relationship wasn't apply at all in the country where we were living together. The officer gave me 30 days to respond, any idea of explaination? What are the odds the application will be rejected?

Get a lawyer because you were common law when you landed but didn’t declare it at the time. You landed in 2022 but said in your application you had lived together since 2021. You provided documentation to prove it so misrepresented yourself when you landed. If PFL is enforced you can never sponsor your spouse. She will need to get PR on her own merit.

 

[armoured]

The officer gave me 30 days to respond, any idea of explaination? What are the odds the application will be rejected?

As noted, you should take the advice and speak to a lawyer.

About the only explanation is the truthful one - common law in this way does not exist/apply at all in the country you were both living and you could not imagine that you were required to include her. Essentially you are asking for mercy based on "I didn't know."

A lawyer can probably only strengthen the language so that it properly states that you could not have known (intent, essentially attempting to preserve chance on appeal).

Chances are quite high this will be rejected though. You would be able to appeal but that is also difficult to do successfully. If not successful, you will not be able to sponsor your spouse, ever, and you'd have to find other ways to sponsor her.

 

[peterg314]

when did you submit your application? Did you or your spouse eligibility pass?

 

[hoppe-0]

when did you submit your application? Did you or your spouse eligibility pass?

June 2024, eligibility is not passed yet.

 

[hoppe-0]

Thanks for all the replies, we are searching laywers now. Another questions is that my wife is on Open Work Permit now which we submitted along with her PR application, will the OWP get cancelled if the PR application is rejected?

 

[Naturgrl]

Thanks for all the replies, we are searching laywers now. Another questions is that my wife is on Open Work Permit now which we submitted along with her PR application, will the OWP get cancelled if the PR application is rejected?

If OWP hasn’t been approved and PR cancelled then OWP application should not continue. Maybe on hold with PFL.

 

[hoppe-0]

If OWP hasn’t been approved and PR cancelled then OWP application should not continue. Maybe on hold with PFL.

Her OWP has been approved and we've received the paper work permit, will it still be valid?

 

[Naturgrl]

Her OWP has been approved and we've received the paper work permit, will it still be valid?

When does it expire?

 

[hoppe-0]

When does it expire?

It expires on Dec 2026.

 

[scylla]

It expires on Dec 2026.

The OWP should remain valid and not be cancelled. Most likely, your spouse will need to qualify for PR on their own through an economic immigration program like Express Entry. So they should use this work permit to gain as much skilled and full time work experience as possible. They should also max out their English language test scores and seriously consider learning French. Hopefully they have an advanced degree such as a master's.

 

[upasikpatla]

Hi. I’m in the same situation as you. Can any of you please give your expert advice on my situation.
I submitted my PR application to become PR in May 2023 (At that time I was not living with my partner)
Moved in with my partner on July 2023
Got PR on Jan 2024 (Been living with my partner for only 5 months at that point)
Applied for PR for my partner in August 2024 after 12 months of cohabitation.
According to IRCC IMM 5289, you don’t become common law until you cohabitate for 12 months consecutively without any break which in our case was on July 2024 (7 months after I got PR).
So obviously I didn’t state him as common law when my PR application or when my PR got approved because we didn’t live together for 12 months at that point and were not considered common law yet at that point.
Still the officer flagged it as a red flag, Does anyone know if my understanding of the situation is correct and If yes how should I respond?

 

[Ponga]

Hi. I’m in the same situation as you. Can any of you please give your expert advice on my situation.
I submitted my PR application to become PR in May 2023 (At that time I was not living with my partner)
Moved in with my partner on July 2023
Got PR on Jan 2024 (Been living with my partner for only 5 months at that point)
Applied for PR for my partner in August 2024 after 12 months of cohabitation.
According to IRCC IMM 5289, you don’t become common law until you cohabitate for 12 months consecutively without any break which in our case was on July 2024 (7 months after I got PR).
So obviously I didn’t state him as common law when my PR application or when my PR got approved because we didn’t live together for 12 months at that point and were not considered common law yet at that point.
Still the officer flagged it as a red flag, Does anyone know if my understanding of the situation is correct and If yes how should I respond?

You need to respond.

If you had only been cohabiting for 5 months on the day you became a PR, you were NOT deemed to be Common-Law and have nothing to worry about.

If the officer flagged this, because they thought you were CL when you became a PR, they are mistaken, so long as you have evidence that you had NOT lived together for 365 days, or more, when you became a PR.

 

[alex0987]

Hi. I’m in the same situation as you. Can any of you please give your expert advice on my situation.
I submitted my PR application to become PR in May 2023 (At that time I was not living with my partner)
Moved in with my partner on July 2023
Got PR on Jan 2024 (Been living with my partner for only 5 months at that point)
Applied for PR for my partner in August 2024 after 12 months of cohabitation.
According to IRCC IMM 5289, you don’t become common law until you cohabitate for 12 months consecutively without any break which in our case was on July 2024 (7 months after I got PR).
So obviously I didn’t state him as common law when my PR application or when my PR got approved because we didn’t live together for 12 months at that point and were not considered common law yet at that point.
Still the officer flagged it as a red flag, Does anyone know if my understanding of the situation is correct and If yes how should I respond?

How do you know it's red flagged? Did you receive PFL as well? What is your date "enter into common law relationship" on the form imm 1344? Did you put July 2023 as your date into common law?

 

[hoppe-0]

As noted, you should take the advice and speak to a lawyer.

About the only explanation is the truthful one - common law in this way does not exist/apply at all in the country you were both living and you could not imagine that you were required to include her. Essentially you are asking for mercy based on "I didn't know."

A lawyer can probably only strengthen the language so that it properly states that you could not have known (intent, essentially attempting to preserve chance on appeal).

Chances are quite high this will be rejected though. You would be able to appeal but that is also difficult to do successfully. If not successful, you will not be able to sponsor your spouse, ever, and you'd have to find other ways to sponsor her.

Thanks! I did some research on the forum regarding finding other ways to sponsor her, can I renounce my PR and re-apply through EE CEC again, including my wife this time? Though I will be out of status in Canada and couldn't work for a few months.