Common Law sponsorship

[k.h.p.]

He fell out of status before we sent the application for sponsorship. Okay so if we send out a sponsorship (new one, this time being MARRIED instead of common law) they can still remove him or give us troubles?

Why don't you do what was suggested and focus on providing proof of living together?

If you're married, you still have to prove that you live with your partner. You just don't need to prove it for a full 12 months.

Withdrawing now and applying again as married, while he is out of status, is a VERY bad idea as he can be deported.

 

[espresso87]

September 27th 2019 is the day the restoration letter was refused and he was officially out of status.
Okay, my understanding was that since there was an application pending, they cannot remove him.

 

[espresso87]

Again, when did he fall out of status (i.e. exact date). There may still be a chance to restore based on the COVID restoration policy.

Yes, he can still be removed even if you are married. He's out of status.

• #17

September 27th 2019 is the day the restoration letter was refused and he was officially out of status.
Okay, my understanding was that since there was an application pending, they cannot remove him

 

[scylla]

• #17

September 27th 2019 is the day the restoration letter was refused and he was officially out of status.
Okay, my understanding was that since there was an application pending, they cannot remove him

Got it - unfortunately that is too long ago to benefit under the COVID restoration policy.

A person can still be removed with an application pending. No such rule. I don't believe you have AIP yet - correct?

 

[espresso87]

Why don't you do what was suggested and focus on providing proof of living together?

If you're married, you still have to prove that you live with your partner. You just don't need to prove it for a full 12 months.

Withdrawing now and applying again as married, while he is out of status, is a VERY bad idea as he can be deported.

As mentioned, we have provided as much proof that we have as possible!! The only thing missing is a signed lease. We have a letter from my father stating the living arrangement. I was not planning on withdrawing the application and applying again. I was planning on getting married and reapplying IF the response to this application was negative? This is not possible? Do we HAVE to apply outland?

 

[espresso87]

Got it - unfortunately that is too long ago to benefit under the COVID restoration policy.

A person can still be removed with an application pending. No such rule. I don't believe you have AIP yet - correct?

Is it possible to have a lawyer appeal this decision? I find it crazy to believe that because a couple doesn’t have a lease its the be all or end all when we have so many other pieces of proof that show we are genuine etc.

 

[scylla]

Is it possible to have a lawyer appeal this decision? I find it crazy to believe that because a couple doesn’t have a lease its the be all or end all when we have so many other pieces of proof that show we are genuine etc.

No. You cannot appeal an inland application.

 

[espresso87]

No. You cannot appeal an inland application.

I believe you can actually, to federal court. You can also defer or stay a deportation order with a lawyer.

 

[scylla]

I believe you can actually, to federal court. You can also defer or stay a deportation order with a lawyer.

Technically this is all true (the normal appeal route is not open to you however you can go to Federal Court). You'll be looking at a big additional spend in lawyer costs and no guarantee of approval. You can try to defer or stay a deportation order - this is also not a guarantee.

Hopefully it doesn't come to this. Hopefully the additional information you're submitting does the trick. I can't remember if you just sending a letter from your father or an actual affidavit. Go the affidavit route for how long you've been living together there.

 

[k.h.p.]

Technically this is all true (the normal appeal route is not open to you however you can go to Federal Court). You'll be looking at a big additional spend in lawyer costs and no guarantee of approval. You can try to defer or stay a deportation order - this is also not a guarantee.

Hopefully it doesn't come to this. Hopefully the additional information you're submitting does the trick. I can't remember if you just sending a letter from your father or an actual affidavit. Go the affidavit route for how long you've been living together there.

You also have to prove that there was a clear and overriding error in the application of the law; they seem to be applying the law appropriately in giving you a chance to respond to concerns.

@espresso87 you're jumping from what should be "let's gather everything with our addresses on it, including bills, Amazon packages, etc to prove we live together" well past the reasonable point to "Can we just get married and re-apply?" You really should focus on the question in front of you. This request, as a common-law application, is very common and most people respond with letters from family, friends, landlords, bills, packages bills of lading, and other things to prove they live together. Instead, you're jumping to the Federal Court.

There is a public policy that says that IRCC will generally not deport someone solely for being out of status while a PR spousal application is in process, but that is not a law and people can still be removed (for criminality and other things). If you withdraw your application and re-apply as married, you are no longer in any sense protected by this public policy and your partner can be removed if CBSA wants to. Same if you're denied.

Focus on getting everything you can with your address on it. Notarized letters from your father. Everything you can and scan it in and send it. The issue may disappear silently.

 

[espresso87]

Technically this is all true (the normal appeal route is not open to you however you can go to Federal Court). You'll be looking at a big additional spend in lawyer costs and no guarantee of approval. You can try to defer or stay a deportation order - this is also not a guarantee.

Hopefully it doesn't come to this. Hopefully the additional information you're submitting does the trick. I can't remember if you just sending a letter from your father or an actual affidavit. Go the affidavit route for how long you've been living together there.

Thank you for the advice! Do you think the affidavit will help a lot in place of the lease agreement?

 

[espresso87]

You also have to prove that there was a clear and overriding error in the application of the law; they seem to be applying the law appropriately in giving you a chance to respond to concerns.

@espresso87 you're jumping from what should be "let's gather everything with our addresses on it, including bills, Amazon packages, etc to prove we live together" well past the reasonable point to "Can we just get married and re-apply?" You really should focus on the question in front of you. This request, as a common-law application, is very common and most people respond with letters from family, friends, landlords, bills, packages bills of lading, and other things to prove they live together. Instead, you're jumping to the Federal Court.

There is a public policy that says that IRCC will generally not deport someone solely for being out of status while a PR spousal application is in process, but that is not a law and people can still be removed (for criminality and other things). If you withdraw your application and re-apply as married, you are no longer in any sense protected by this public policy and your partner can be removed if CBSA wants to. Same if you're denied.

Focus on getting everything you can with your address on it. Notarized letters from your father. Everything you can and scan it in and send it. The issue may disappear silently.

Thank you!
We have shown many bills with the same address although all utilities were covered by my parents. I will also include Amazon orders etc.
So If the application is refused and we resubmit when married the public policy is no longer there? Although it is a legitimate new and complete application?

 

[k.h.p.]

Thank you!
We have shown many bills with the same address although all utilities were covered by my parents. I will also include Amazon orders etc.
So If the application is refused and we resubmit when married the public policy is no longer there? Although it is a legitimate new and complete application?

Your danger is in the in-between. It takes some time to get the application refused and CBSA is notified immediately; you then have to gather everything (has the police certificate expired, etc) and reapply, and then it takes 6 months or so for IRCC to acknowledge that you've actually applied.

Please focus on proving you live together. Fretting about how to re-apply and the public policy against removal before you've even received a Procedural Fairness Letter warning you that your application is likely to be refused without new evidence is not a good use of time.

 

[scylla]

Thank you!
We have shown many bills with the same address although all utilities were covered by my parents. I will also include Amazon orders etc.
So If the application is refused and we resubmit when married the public policy is no longer there? Although it is a legitimate new and complete application?

Based on experiences here, the public policy only really protects you once you have AIP. This will take many months to receive after you resubmit your second application.

 

[k.h.p.]

In your original post you talk about providing your partner's driver's license and so forth - when you provided your documents, did you include enough that had both of your names (yours and your partner's) in multiple documents over time?