application denied

[sasmak]

If you appeal you have to go through Judicial Review at a Federal Court and petition your case.

 

[ljane79]

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

Couldn't they apply again? As outland???

 

[bandm]

how long does that take? and am I allowed to stay here until the court makes its decision?

 

[ljane79]

If you appeal you have to go through Judicial Review at a Federal Court and petition your case.

Interesting Sasmak. This is the first I've heard of this. I think a lot of people are misguided on this issue then. Could you please tell me how you got this information?

 

[ljane79]

how long does that take? and am I allowed to stay here until the court makes its decision?

Do you have a visitors visa? If so what date does it say you need to leave by? If not, how long have you been in Canada?

 

[boyee6576]

If you appeal you have to go through Judicial Review at a Federal Court and petition your case.

Thats news to me as well considering the application manual even states that you dont have the right to appeal if you apply inland. Is the judicial review differnet than appeal?

 

[bandm]

at ljeane, I have the German citizenship and don't need an entry visa for Canada, I just got a stamp in my passport that says I entered Canada sep 14th

 

[sasmak]

That information i received from my Lawyer when i was making my application, BandM see when you entered if they did not stamp ur passport at the airport it means they gave u 6mths automatically and you needed to apply for an extension to stay in status.

As for applying whilst out of status the in - land application was designed for spouses of canadians residing within Canada the fell out of status. It has no bearing or effect on your application.

But you will have problems proving your marriage is not for convenience seeing you were refused Common-law.

You should have confirmed with the lawyer your best option before opting this route.

 

[bandm]

Hi sasmak,
they did stamp my passport ... my bf already made an appointment with a immigration lawyer for next friday ... I know it looks just like convenience, but we have the families and friends as backup and we still can provide some pictures and receipts as proof

 

[matthewc]

Hi sasmak,
they did stamp my passport ... my bf already made an appointment with a immigration lawyer for next friday ... I know it looks just like convenience, but we have the families and friends as backup and we still can provide some pictures and receipts as proof

Under the current rules, if your relationship is genuine, you can't be refused just because you got married in order to stay together. Marriage of convenience currently has to be not-genuine, AND entered into to gain status.

They're actually thinking of changing this, but at the moment, if you marry you'll be approved.

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.

From what you said, it does seem like the refusal was correct. Did I understand this correctly?:

Before May 2009: not living together
May - August 2009: living together
August 2009: application sent
August 2009 - now: still living together

If that's correct, you only had 3 months continuous living together before applying. It's no wonder they refused you.

Don't bother with judicial review. That would only help if there was a very, very obvious mistake in the law. An appeal would help you - if one were possible - because appeals are de novo. If you'd applied outland and been refused, you could win on appeal since NOW you have 1 year together continuously.

Options:

1. Apply outland as common-law
2. Marry, and apply outland as spouses
3. Apply again inland now you have 1 year together continuously
4. Marry, and apply again inland

My suggestion would be 2. That's the fastest route to permanent status and there won't be any question about you not qualifying as common-law. If the most important thing above else is to stay together, then 3. or 4. is an option, since you can apply inland despite being out of status. Be warned, though, that if you go that route you shouldn't leave Canada until processing is complete, and that could take a long time.

 

[bandm]

Hi Matthew,

so there are no consequences for me and the application if I stay longer than the date they set me to leave if we get married and I apply again? I just want to be sure not to be removed

 

[Alcantara]

bandm - I sent you a private message - Check your Inbox

 

[bandm]

I've replied to the message

 

[confusednscared]

I am very sorry to hear what's happening with your sponsorship at the moment. I was once in your shoes when I was ordered a deportation order from the CBSA last year. My only last hope of spending the rest of my life with my partner was to get married before I left Canada (gay marriage).

Your case is different from mine but I think CIC gave you 30 days to leave the country and if you don't by that time you will be issued a deportation order. You should act fast on this and make proper decisions very soon. Time is running out on you and if you are keen about spending the rest of your life with your BF, I strongly suggest you both get married in Canada and get cracking on the outland spousal sponsorship. Getting married in Canada is more convenient because of the whole marriage certificate and legal documentation part of the marriage ordeal. If you lose your marriage certificate you can always get a replacement by just following a 1,2,3 step procedure online comparing to joining long line ups in your homeland to reapply for a lost or stolen certificate.

Long story short, try to get a much of the paper work done in Canada including proof of relationship and other documents you feel will show the genuineness of your rship because you will need to send it all back to Canada for CPC-M to approve of your BF's ability to sponsor.

I think Germany isn't that lengthy in processing spousal cases so if all goes well you can be back in no time providing they don't call for any interview, which in your case is a 90% chance they will due to your failed common-law application in Canada.

Your only way out is to get married and build on a lot of proof to show CIC that you are a true couple. Oh, and you better start showing some likeness for that camera because the pictures play a big role in convincing CIC that you're real

Good luck!

 

[bandm]

Hi confused,

thank you so much, that's along with Leon and all the others a very good advise for us, if I understand it right
you suggest that we get married and I leave after the marriage and apply in europe for permanent residency as spouse. Yeah, I thought of the pictures and we'll try to get as many as we can before I leave. Would it be also helpful to include messages from facebook and emails???