If you use the search feature on this forum and search on "mandamus" you'll be able to find older discussions on this topic. It's not too common, but we do see them here time to time.
Extreme Delay in inland spousal sponsorship
- Thread starter Attak
- Start date
After reading this mandamus l think l still have to wait for a while before proceeding.
We know very little about your case so there could be reasons why your cases is taking longer. How were you in Canada when you got married? What is your country of origin? Have you lived in many countries? Have you applied for asylum somewehere? We already know that you got married very quickly, you don’t seem to be living together and your wife does not work regularly which will already areas of concern.
I come from west Africa. My wife and l have been living together just that she has been visiting the mum since we had our baby and she developed complications so she is presently not working and l also cannot work as the AIP has still not been granted. I have never sought asylum any where and l came to Canada legally through visit on two occasions.my second visit l met my wife online and matters of love we got married within two months of meeting. The parents were the witness and marriage was genuine. Post marriage there are several evidence of we sharing our life together but the truth matter is cic has not officially written to me whether they have concerns about my marriage. Just an officer comment in the notes saying they would like to examine the bona fide relationship. After that they went ahead and approved my wife and subsequently transferred for further assessment the PA file in July 6, 2018 since then l haven't heard anything. This is the story so far.my background has been completed with no issues, no criminal record. Waiting on eligibility.
If you aren't living with your wife - that's the reason your file is delayed. Living together is a condition of qualifying for inland sponsorship.
Writ of mandamus is typically effective when there are no real grounds for the application being delayed. In your case unfortunately it sounds like there's a very good reason in your case.
Are you living together again now or are you still living separately? If you're still living separately, how long has this been the arrangement?
Meeting online and getting married in Canada also raises a lot of red flags. You could have returned to your home country and applied for Outland sponsorship or tried to extend your stay but you let your status expire. Given that your wife was never working consistently you may have been denied the extension given the circumstances. As @scylla has indicated the not living together is a big issue.
We are living together she only went to the mum place to give birth so that the mum could also help since l haven't been working besides l have been going there frequently and she has also been coming here frequently. Prior to she given birth we had stay 12months continuously without a break except when it was time for her to give birth she went to the mum place. Currently she is staying with me but she need to attend baby appointments at the mum place and also see her doctor and so is not as if she has seperately been living alone besides we are in the same province.
You are not living together continuously, which is a requirement of inland. Expect a refusal based on that.
Well it is up to them for them to make a decision even if it is a refusal l think it is only fair that we received a response. But for us we can't limit our live just because of immigration. My wife stays with and under circumstances that we are in it is only fair that she also visit the mum because of the baby and her condition in this condition the mum and dad are supporting us to bring up the baby untill l find my feet and so it is up to them to decide. I can't fabricate stories. The truth is we met online we fell in love and we got married and God has blessed us with a child. Both families and friends are well of our relationship and so if they think otherwise we demand that they speed up the process.
I couldn't have left my wife who was expecting our first baby .I needed to stay with her.
I am sorry about your immigration situation...
But why u do not go there to your wife’s parents and live with them since you do not work?
They went there temporarily to have the baby and l was with them but l needed to stay in our apartment to take care of other important matters but currently they are back with me just that the baby's appointments has to be attended to .
You don't have to leave Canada to apply outland. Many of us here have gone through the outland route while the applicant living in Canada.