Application for Common Law refused - next step?

[Ellasg]

I applied right away as well, if that's a reason for refusal, I'm also getting a "NOPE".

But is it possible that they'd change my eCAS status to "in Process" if I hadn't passed eligibility check? ???

 

[davegoodmen]

OMG! I'm expecting a refusal as well now after reading this. Startef living together April 2012, applied April 2013. Only proof for the first 6 weeks is a letter from the landlord. More proof starts after 6 weeks. Great

You apply in April 2013 and you still didn't get any information yet from the CIC? Because we applied later than you and got our notice already. Also I hope things work out better for you than for us. I am calling my lawyer and see what he thinks is best for us.

 

[Rob_TO]

Yeah, we didn't have that information until June/July, and then we moved out from my grandparent on Dec 2012 to live on a rental condo. The question is, if we reapply, can we submit the same information with the joint bank statement, joint lease account etc?

I assume you guys submitted an inland application, since you mention it was linked to her having status in Canada? If inland, there is no appeals process anyways.

So I believe you will need to submit a brand new application again from scratch. At least this time, you have more proof and can concentrate more on showing cohabitation for the most recent 12 months (so don't need proofs right from the beginning).

I'm not sure if you can submit another inland application right away. What country is your partner from? It may be better/quicker to do an outland application, although if she can't maintain status in Canada she would need to return to home country.

 

[little_apple]

Hi little apple,

Don't freak out! I think you will get approve.

In my own opinion, it doesn't look bad if you reapply. I think you better do it Inland than Outland. In that case, you can work after you get an AIP. You told me before that your Visa Processing Center seems so slow..

Yes, Vienna is a nightmare

 

[davegoodmen]

I assume you guys submitted an inland application, since you mention it was linked to her having status in Canada? If inland, there is no appeals process anyways.

So I believe you will need to submit a brand new application again from scratch. At least this time, you have more proof and can concentrate more on showing cohabitation for the most recent 12 months (so don't need proofs right from the beginning).

I'm not sure if you can submit another inland application right away. What country is your partner from? It may be better/quicker to do an outland application, although if she can't maintain status in Canada she would need to return to home country.

She is from Thailand, but we met here in Canada. Thanks for the information.

 

[little_apple]

You apply in April 2013 and you still didn't get any information yet from the CIC? Because we applied later than you and got our notice already. Also I hope things work out better for you than for us. I am calling my lawyer and see what he thinks is best for us.

They asked for more proof of common-law in Feb 2014. Since then no message. Almost a year since I've applied. I'm getting impatient

 

[Rob_TO]

She is from Thailand, but we met here in Canada. Thanks for the information.

Thailand citizens are processed through Singapore for outland apps, which has one of the longest processing times out there.

If possible, it might be better to submit a brand new inland application again. I'm not sure the rules around doing this right after a first inland app is refused, or if she could benefit from implied status a second time.

 

[davegoodmen]

Just in case anyone is wondering, I talked to my lawyer, and I can still do an inland sponsorship. The other option the lawyer recommend was to get married and do a spousal sponsorship.

 

[Rob_TO]

Just in case anyone is wondering, I talked to my lawyer, and I can still do an inland sponsorship. The other option the lawyer recommend was to get married and do a spousal sponsorship.

If you have sufficient proof of common-law for the most recent 12 months, then there is no need to get married if you don't want to.

Regarding submitting a 2nd inland app, my main point was checking about implied status. I'm not sure how fast CIC and CBSA communicate after rejecting an inland app, and how long it takes CBSA to issue a voluntary departure/removal order since technically as soon as the app is rejected the applicant is now here illegally. If a departure order is issued, then even submitting a new inland app may not give implied status, and she may be forced to leave the country and submit an ouland app instead.

 

[infinity8]

Getting married is a good idea.

How did you file your 2013 income tax return? common-law or as individuals? This is an important part. I understand why immigration is thinking that way. Because I am not convinced either that you are a couple. It is a little "iffy" commitment wise. :

 

[davegoodmen]

Getting married is a good idea.

How did you file your 2013 income tax return? common-law or as individuals? This is an important part. I understand why immigration is thinking that way. Because I am not convinced either that you are a couple. It is a little "iffy" commitment wise. :

I have completed my tax but I haven't submitted it, and I will file as common-law. The problem is between the time of our application, I did not file my taxes hence it was still set as individual.

 

[infinity8]

The income tax has a common-law declaration. It is a form of a contract. Just like an apartment lease (a contract). With the absence of a marriage contract, these are what immigration looks for.

It has to be something solid. In some instances life insurance with irrevocable beneficiaries might help.

It has to be something on paper.

I think the best option is just to get married. If that is a problem, then there must be something fishy about this union.

 

[little_apple]

Just in case anyone is wondering, I talked to my lawyer, and I can still do an inland sponsorship. The other option the lawyer recommend was to get married and do a spousal sponsorship.

Did they ask for additional proof before they sent you a refusal?

 

[little_apple]

@davegoodmen: wanted to send you a private message but your inbox is full

 

[Calgary_Man]

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? :'(