Application for Common Law refused - next step?

[Rob_TO]

Could someone please guide me how the timeline works for outland applications? do we have to live together for an outland too? Its very hard to live with spouse for 1 year away from canada..NO employer would give u 1 year off! what will u earn? :'(

No, with an outland app you don't need to live together during processing. It's quite common for sponsor to be living in Canada while applicant is in their home country.

 

[rhcohen2014]

No, with an outland app you don't need to live together during processing. It's quite common for sponsor to be living in Canada while applicant is in their home country.

even for common-law sponsorship? i thought proving cohabitation was the whole point? or is commonlaw only inland? now i'm so confused! (not that it matters really, just want to learn the right info!)

 

[Calgary_Man]

okie still is there a timeline for living together before and after marriage for outland?

 

[rhcohen2014]

okie still is there a timeline for living together before and after marriage for outland?

what do you mean by timeline?

 

[Zarilenth]

even for common-law sponsorship? i thought proving cohabitation was the whole point? or is commonlaw only inland? now i'm so confused! (not that it matters really, just want to learn the right info!)

You need to prove that you cohabited for exactly one year or more prior to sending the application After it's sent in, they don't count cohabitation so your common law partner can stay in Canada during the outland process, or leave. It won't affect the app.

okie still is there a timeline for living together before and after marriage for outland?

I assume you mean you want to know the appropriate amount of time for a relationship to be considered 'real' and not 'fraudulent' right? If you're married there is no real requirement for living together, at all. BUT that being said if you have never met in person and got married the first day you saw each other after a very short time talking online/on the phone/etc, you will be scrutinized. Unless of course that is part of your culture (ie. arranged marriages), but then you'd have to prove that too.

 

[Rob_TO]

even for common-law sponsorship? i thought proving cohabitation was the whole point? or is commonlaw only inland? now i'm so confused! (not that it matters really, just want to learn the right info!)

Yes, once you have cohabited for 12 months together you are legally common-law to CIC, and can then live apart. This ONLY applies to outland apps, with inland apps you must 100% live with your sponsor during entire application times.

Read here for more on this exact topic: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?