Common law sponser for PR

Old Jan 9th 2017, 1:29 am
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Default Common law sponser for PR

Hi guys,
My girlfriend was sponsored by her family in Canada. She has her paper PR in passport she is planning to travel to Canada to 'land' and activate permanent residency. In her application she put common law partner but it didn't ask for my details. Does this affect my application? She said it didn't ask for the name etc. To sponsor me do we just make an application in my name once she is in possession of PR and in Canada? Can I do this from inside Canada as a visitor or do I have to be in the UK to apply?

Sorry for all the questions I have searched the wiki but between us their is some confusion as I was not involved in her application process.

Thank you Wayne
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Old Jan 9th 2017, 1:34 am
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Default Re: Common law sponser for PR

If you are her common-law partner, then she must declare you before landing or risk (a) losing her own PR due to misrepresentation; or (b) even if she doesn't lose it, not being allowed to sponsor you anyway.

Was she the principal applicant in her PR application (i.e. just her on the app), or was she a dependent on somebody else's (i.e. perhaps parents that included her as a dependent child)?
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Old Jan 9th 2017, 1:38 am
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Default Re: Common law sponser for PR

Originally Posted by christmasoompa
If you are her common-law partner, then she must declare you before landing or risk (a) losing her own PR due to misrepresentation; or (b) even if she doesn't lose it, not being allowed to sponsor you anyway.

Was she the principal applicant in her PR application (i.e. just her on the app), or was she a dependent on somebody else's (i.e. perhaps parents that included her as a dependent child)?

She was the principal applicant sponsored by mother who is in Canada. She put relationship status as Common law but said the forms did not ask for details of a partner. Is this ok or has she made a mistake?
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Old Jan 9th 2017, 1:43 am
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Default Re: Common law sponser for PR

Originally Posted by Pearfish
She was the principal applicant sponsored by mother who is in Canada. She put relationship status as Common law but said the forms did not ask for details of a partner. Is this ok or has she made a mistake?
It's hard going on just a few details, but I think a few mistakes have been made, including by CIC!

Presumably she was sponsored as a dependent child under the Family Class? How old is she? Is her mother a citizen or PR, if she's a PR when did she get PR herself and was your gf included on her application as a non-accompanying dependent at that time?
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Old Jan 9th 2017, 2:42 am
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Default Re: Common law sponser for PR

Originally Posted by christmasoompa
It's hard going on just a few details, but I think a few mistakes have been made, including by CIC!

Presumably she was sponsored as a dependent child under the Family Class? How old is she? Is her mother a citizen or PR, if she's a PR when did she get PR herself and was your gf included on her application as a non-accompanying dependent at that time?

My GF originally had PR but due to abuse by her then step dad was forced to leave Canada to the UK. I don't remember the official title for eligibility. She is 25 so not a dependant child. Her mother is a PR I think and she got it 8 or 9 years ago. GF had a separate PR at the time.
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Old Jan 9th 2017, 2:48 am
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Default Re: Common law sponser for PR

Originally Posted by Pearfish
My GF originally had PR but due to abuse by her then step dad was forced to leave Canada to the UK. I don't remember the official title for eligibility. She is 25 so not a dependant child. Her mother is a PR I think and she got it 8 or 9 years ago. GF had a separate PR at the time.
OK, so presumably she got PR via Humanitarian & Compassionate grounds.

It's a bit odd that she's been given PR without any queries being raised about you tbh. Your gf should have included your details in the app (it does ask specifically about partners, there were details she should have given and if you are her CL partner you should have been mentioned as her family member), and I'm surprised that CIC didn't pick up on the fact that she'd said she has a CL partner on them.

Whether or not it will be an issue now I have no idea (not sure CIC can claim she's misrepresented herself if she did declare herself in a CL relationship, even if she didn't give your details as she should have done), but to be on the safe side I personally would consult with an immigration lawyer to check and see if she needs to add you to her application at this late stage.

As above, the consequences if CIC think you were common-law partners when she lands and she didn't declare you are quite severe, including her not ever being able to sponsor you, so it's worth checking that all is ok just in case.

I'm hoping that some forum pros (paging PMM, would PMM come to the forum please ) will be able to advise better, as it's all a bit odd tbh! It's a shame that she didn't just include you in her application as a dependent so you would have PR now too, but perhaps that's not possible with H&C applications, I'm afraid I'm not familiar enough with them to know but hopefully others can advise. Best of luck.

Last edited by christmasoompa; Jan 9th 2017 at 2:58 am.
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Old Jan 9th 2017, 3:05 am
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Default Re: Common law sponser for PR

On the PR application I am completing it asks those accompanying me to Canada.
There is also a family section where it states common law partners, mother, brother etc. must be declared even if they're not accompanying me to Canada.


I'm not sure if the online forms are different for different routes though.
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Old Jan 9th 2017, 3:12 am
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Default Re: Common law sponser for PR

Originally Posted by Shakyuk
On the PR application I am completing it asks those accompanying me to Canada.
There is also a family section where it states common law partners, mother, brother etc. must be declared even if they're not accompanying me to Canada.


I'm not sure if the online forms are different for different routes though.
The basic forms are the same as for all PR apps, so the OP's gf should have included his details on the same forms (including on IMM008 & IMM5406 which should have been included), that's why it's so odd that CIC haven't picked up on that omission if she did tick the CL box.
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Old Jan 9th 2017, 3:12 am
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Default Re: Common law sponser for PR

IMM 0008 is always completed.

Perhaps the OP's CLP kept her PR due a residency obligation appeal rather than a brand new application.

Either way see someone to be sure. It's too important a mistake to make.
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Old Jan 9th 2017, 3:17 am
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Default Re: Common law sponser for PR

Originally Posted by Snowy560
Either way see someone to be sure. It's too important a mistake to make.
+1.
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Old Jan 9th 2017, 3:37 am
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Default Re: Common law sponser for PR

Originally Posted by christmasoompa
OK, so presumably she got PR via Humanitarian & Compassionate grounds.

It's a bit odd that she's been given PR without any queries being raised about you tbh. Your gf should have included your details in the app (it does ask specifically about partners, there were details she should have given and if you are her CL partner you should have been mentioned as her family member), and I'm surprised that CIC didn't pick up on the fact that she'd said she has a CL partner on them.

Whether or not it will be an issue now I have no idea (not sure CIC can claim she's misrepresented herself if she did declare herself in a CL relationship, even if she didn't give your details as she should have done), but to be on the safe side I personally would consult with an immigration lawyer to check and see if she needs to add you to her application at this late stage.

As above, the consequences if CIC think you were common-law partners when she lands and she didn't declare you are quite severe, including her not ever being able to sponsor you, so it's worth checking that all is ok just in case.

I'm hoping that some forum pros (paging PMM, would PMM come to the forum please ) will be able to advise better, as it's all a bit odd tbh! It's a shame that she didn't just include you in her application as a dependent so you would have PR now too, but perhaps that's not possible with H&C applications, I'm afraid I'm not familiar enough with them to know but hopefully others can advise. Best of luck.


Now I'm worried ha.
So her mother and siblings are all citizens they are sponsoring her but she's not a dependant (age 25). She put humanitarian and compassionate grounds down as supporting evidence for consideration. She said that she put co habitant down for relationship status but insists the form did not ask for details of the partner. She has been issued a PR sticker in her passport the embassy has not asked for any of my details or my passport.
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Old Jan 9th 2017, 3:45 am
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Default Re: Common law sponser for PR

To add to this guys we were looking to do the original application just for her and me visiting on an ETA as I work overseas. I was under the impression that she wouldn't be able to sponsor me until she had residency? Would it be possible for her to sponsor me after her application bearing in mind we declared her status as co-habitant. I would only be visiting for 1 month every 2 months as I work overseas. Also by help do you mean an immigration laywer in Canada? My Canadian friend did this for his spouse and was left £8000 out of pocket with the final decision been her still unable to reside in Canada.
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Old Jan 9th 2017, 4:10 am
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Default Re: Common law sponser for PR

It sounds to me as if your partner was allowed to keep her PR status rather than losing it and then getting it again. But of course I don't know for sure and we can't know without knowing the whole story and seeing some of the paperwork.

I'd still absolutely recommend seeing an immigration consultant to be sure and I'd still recommend seeking professional advice in order to complete a spousal application because there is some complexity around your partner's situation. Just choose your consultant wisely. That's my opinion anyway.

S
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Old Jan 9th 2017, 4:16 am
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Default Re: Common law sponser for PR

Originally Posted by Snowy560
It sounds to me as if your partner was allowed to keep her PR status rather than losing it and then getting it again. But of course I don't know for sure and we can't know without knowing the whole story and seeing some of the paperwork.

I'd still absolutely recommend seeing an immigration consultant to be sure and I'd still recommend seeking professional advice in order to complete a spousal application because there is some complexity around your partner's situation. Just choose your consultant wisely. That's my opinion anyway.

S
Thank you. I think you are right. It seems that they treat it as a renewal rather than a fresh application. When she applied her passport came back within two weeks it had not letters with it just a passport in an envelope with a Permanent Resident travel permit inside. Would it be ok for me just to travel to see her on my months off and work overseas or will this hurt our case for my application? Sorry for all the questions but I have never had to do anything like this before and the embassy website is pretty useless at explaining any of this. It makes me wonder how people without English as a first language even manage to complete the forms.
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Old Jan 9th 2017, 4:19 am
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Default Re: Common law sponser for PR

Originally Posted by Pearfish
She said that she put co habitant down for relationship status but insists the form did not ask for details of the partner.
There would have been several forms, and they would have asked her about a partner (see IMM008 and IMM5406 as mentioned above, you can just Google them and see if she recognises those forms). All PR apps have to include those forms.

Originally Posted by Snowy560
It sounds to me as if your partner was allowed to keep her PR status rather than losing it and then getting it again.
+1. If she really wasn't asked about other family members/partner, then she can't have done a PR app IMO.

Originally Posted by Pearfish
Also by help do you mean an immigration laywer in Canada? My Canadian friend did this for his spouse and was left £8000 out of pocket with the final decision been her still unable to reside in Canada.
It can be one from anywhere, including the UK. A consultation to just check over paperwork and make sure your gf isn't going to jeopardise her own PR status or being able to sponsor you in the future should only be a couple of hundred pounds. No need to hire a lawyer/consultant for anything more than that, but as said above if she has done a new application for PR, and she has a common-law spouse that she's not declared during the app, the consequences can be severe, so it would be worth spending a couple of hundred pounds on piece of mind IMO.
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