Will I Have An Issue If I Did Not Mention My Common Law Relationship In My Permanent Residence Application?


Mary Keyork
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How can I revise my Canadian permanent residence application?

I am a permanent resident of Canada, having applied through the Ontario PNP program. I would like to sponsor my common-law partner now, but realize that I may have a problem. When I applied for PR, I did not mention that I had a common-law partner because our relationship was inconsistent, and I did not understand whether I should include him or not. Now, I am worried that if I apply to sponsor him, Immigration will think I lied about our previous relationship. Will this be an issue?

A common-law partner is defined as a person with whom you were living in a conjugal relationship for at least twelve months. A conjugal relationship includes more than only a sexual relationship – it means a degree of intimacy and commitment that one would expect of married spouses. If you were in a common law relationship during your application for PR, or any time before landing in Canada, you had a duty to disclose the relationship to the visa office or immigration officer at the time of landing. Failing to disclose this could lead Immigration to determine that you engaged in a material misrepresentation and took action to remove you from Canada. As you have stated that your relationship was inconsistent, it would be best to obtain accurate legal advice regarding whether or not the facts and evidence demonstrate you were, in fact, in a common law relationship. If you were, you will need to prepare a strategy on how to proceed, and arrange your sponsorship very carefully.

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ABOUT THE AUTHOR
Mary Keyork provides Immigration Law services for hundreds of immigration applications in all categories and has appeared before all three divisions of the Immigration and Refugee Board as well as at the Federal Court of Canada, successfully representing clients in complex immigration applications and hearings.
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