Tobia

Hi everyone,

My partner and I are applying for Spousal Sponsorship as common law partners.
We first move to Canada over a year ago. Harry, my partner came in with a working holiday visa while waiting for his PR application to be approved. He got his PR within the first 3 months we where in Canada. I came in with a student visa.

As today we fall in the parameters to be recognised in a common law relationship even under BC law that requires 2 years of living together. By the end of the month we will be ready to send off our application for Spousal Sponsorship and open work permit for me.
My question is: if I leave Canada while the Sponsorship is still being processed can I come back if I am holding a open work permit?
You see we are planing on getting married next March in Scotland.

Thank you so much in advance for any advice.

Vulcanoid

You didn't need to wait until meeting BC's 2 year requirement. Immigration is Federal, meaning their 1 year definition is the only thing that mattes.

It sounds as though you're planning on filing inland? That does mean you'd qualify for a open work permit while you wait, but is historically slower than outland applications. The other issue is that although you can leave Canada while it's in process, if for whatever reason your re-entry is refused, your application could be deemed abandoned (but if you apply outland, it doesn't matter, even if you're refused entry, the app still rolls on). So some things to think about. Good luck

Siouxie

Welcome to BE!

Just checking, but did you live together for 12 months prior to your partner gaining PR? You say that you have been in Canada a year and would 'qualify for BC common law,' which concerns me!

As has been mentioned, CIC require you to live together for a period of 12 months 'as if married' to be designated 'common-law partners'.

If you did, did your partner declare you as their common-law partner prior to obtaining PR and 'landing'?

Snowy560

I would never assume you would be OK leaving Canada/returning if filing under the Spouse/CLP In Canada class because technically you no longer meet the requirements (living in Canada with your spouse). No one can tell you a 100% that it will be OK because it is up to the officer at the border.

SchnookoLoly

The first and most important question is whether or not you were living together 12 months when your partner got his PR, and if so, whether he declared you as his common-law when he landed and activated his PR.

We absolutely need to know the answer to this question before any other information can be given, as the answer might render any additional advice moot.

Snowy560

Yes I agree: absolutely critical to know this.

Tobia

When we landed (may 2016) we had lived together 11 months (since June 2015). In the proccess of the PR (December 2015) he declared that even though officially single he had lived with me in a marriage-like relationship for 7 months. When he got his PR (August 2016) he did not declared me as common-law partner. We updated our status only after 2 years (june 2017)

Vulcanoid

Oh god. Please be very, very clear on this. When you say 'landed' and 'got PR', they're the same thing. I presume for 'landed' you meant' first arrived, not with PR'? Or maybe 'got PR' means 'the PR card arrived in the mail'? This matters a lot. If you had been living together as CL since June 2015,and your partner landed as a PR in August 2016,if you did not declare the relationship at that point, then he may never be able to sponsor you.

Tobia

We had been living together since june 2015 in Scotland. We first arrived in Canada, BC, in May 2016. We have proof of leaving together only from that point onwards. He landed as PR (got message confirmation from CIC and invited to meet in person at the office) on August 2016.

We declared common-law to CRA (Canadian revenue agency) on June 1st 2017.

Vulcanoid

So you were a common law couple from June 2016, and he landed as a PR without declaring you in August 2016. One of the questions as part of his landing would have been his marital status (specifically, a question like "What's your relationship at the moment?". The correct reply was "A common law relationship". If your partner replied "Single", you now have big problems). If you were not declared at that point, then you were excluded from the family class. If you attempt to apply for spousal sponsorship, you will very likely be refused for that reason.

Snowy560

In my opinion, before sending off your application, you need to seek professional advice to determine your timeline in detail and what was disclosed to IRCC at what points during the process of your partner's PR.

There could be serious implications for each of you which you need to be aware of before you go any further.

Siouxie

+1 - which is why I asked the question.

+1

Your partner would have been required to declare you as their common-law partner on or prior to 'landing' as a PR (the PR interview with COPR) in order for you to be included in the Family class. Regardless of any proof of living together (i.e. rental agreement), the fact that you have done since June 2015 meant you were likely classed by CIC (IRCC) as common-law partners by June/July of 2016.

Did you, at any time, live apart for more than a month during that first year? If you did, then that could possibly 'reset' the clock.

As your partner has already mentioned you to CIC (in his application) I'm so sorry but this does not bode well.

I too would suggest that you seek professional assistance as the repercussions for both of you are potentially very serious.

Tobia

Thank you guys!

I have set an appointment with an immigration lawyer to clarify the situation and plan the next step.

Thank you again for all your suggestions.

Siouxie

You are most welcome.

Please ensure that the Immigration consultant that you have an appointment with is registered.

iccrc-crcic

HS983

Hello everyone,

I am Tobia's partner. Apologies, but I can confirm that I received my COPR on August 8th 2016 and I only mentioned to CIC in my letter of explanation (Dec 2016) that we had been living together for 'a few months' and that we would be common law eventually. My declaration that I was 'Single' is actually correct and in agreement with what I told them during my application.

We only have evidence that we were actually living together from the middle of August onwards and Tobia actually has evidence that he was NOT living with me prior to that.

To be fair though, it clearly says that common law status in BC only applies after 2 years. How would people not assume that it also applies to common law status for PR in general?

Our major concern is the following:

1. Tobia's student visa expires on September 30th and we need to make sure he gets an open work permit before then. Is this too tight a timeline? We're aiming to get the PR application sent off in the next week.

2. With an open work permit does it say anywhere for definite that he cannot leave the country and come back? (even just for 10 days)

3. For Canadian Revenue Agency, since we live in BC do I only declare common law after the 2 year mark? (August 15th 2017).

We will speak to a lawyer, but having spoke to a CIC official, I was told that we simply need to show that we've been living together for 'at least' 12 months and that my own PR application is separate from me sponsoring his.

Thanks for all of your help guys.

Best wishes,

Harry