application denied

[bandm]

Hi there,

I applied for the permanent resident card under the spouse/common-law class and my application got denied. I just would like to know if anything would change if my bf and me got married before I have to leave Canada and if there is any way to stay here legally. If I have to leave anyway is there a possibility to apply again this time as spouse and what are the chances to then get the permanent residency? I am desperate, as I don't want to be separated from him and he feels the same.

 

[MissyIffy]

Can you add more information about your case so we can try and understand why this happened.

 

[ljane79]

Ouch, sorry to here that. That must have been tough to hear. Yes, getting married will improve your application. Did you apply inland or outland? You can appeal if you applied outland. What did they say the reason was for the denial?

 

[sasmak]

I am so sad to hear that, may i ask the reason for application being denied. Did they request additional documents etc etc. or did they just simply deny it for no reason?

Its too hard to say as you were refused under this class and was it inland or outland?

Also if it inland you can still appeal but it has to go through the court system it is a little different than outbound

 

[bandm]

I got refused because they don't consider us being common-laws for at least 12 months prior to the application. I am just scared that if we marry now I will still have to leave Canada and will be refused again if I apply for the permanent resident status again. And I am not sure if he can sponsor me again, but this time as spouse. My time is running out and I have to act fast.

 

[bandm]

Oh and if I appeal it, will I still have to leave at the day they set?

 

[ljane79]

I got refused because they don't consider us being common-laws for at least 12 months prior to the application. I am just scared that if we marry now I will still have to leave Canada and will be refused again if I apply for the permanent resident status again. And I am not sure if he can sponsor me again, but this time as spouse. My time is running out and I have to act fast.

So you were living together for 12 month prior to applying for your PR? Did you apply inland or outland? What country are you from? We need more information to help you.

 

[sasmak]

So the immigration did not believe you lived together for 12 mths for common law, well being married gets rid of that problem, however they may see it now for convenience. Common-law is hard to prove than marriage except with marriage you got to provide a lot of proof pictures, bank statements, lease agreements etc. Please tell us more,

 

[bandm]

I applied last year august and we are together since 2007 but were not living together since I have the German citizenship and was living and working in Switzerland till april 2009. I arrived here in May last year and we then decided that we want to stay together and get married later.

 

[bandm]

we are on the same lease, he has the authorization for my swiss bank account as well as we'll get him authorized for my german one. our families and friends know and can confirm our relationship and the will to marry each other, as well as our landlord doesn't want me see us separated because of immigration issues. we can't have the same bank account here in canada because his bank requires a resident status for me to join his bank account. we don't have many pictures of us together, because we both don't like to be photographed, but we do have proof of concerts, vacations together, like motel room receipts and so on

 

[bandm]

I applied Inland

 

[boyee6576]

I am sorry to say that if you apply inland there is no right to appeal. If you would have applied outland you would have been able to appeal the rejection, but you cant appeal if you apply inland. I am really sorry

 

[sasmak]

Hi, Ok pictures would help solve the problem 90%, as for bank accounts i do not know which bank told you that but that is wrong, you are entitled to be on his bank acc in Canada regardless of status. But you cannot be considered for loans etc.

1. Get pictures of ur relationship
2. Receipts etc
3. Go see a lawyer asap ask them if you marry will it be better it might buy you guys some time and also being married to a canadian it makes it difficult for them to out right refuse an application

 

[bandm]

sasmak, a few posts earlier, says it is possible to appeal even if applied inland but more complicated and has to go over court

 

[bandm]

the problem is I already got refused and I don't know if it would help to get married yet and if it would prevent of having to leave the country