Hi there. Long story short. My common law, who is a Canadian citizen, had his sponsorship application approved. But, myself (American), my application for PR under Common-Law class was refused. If we want to challenge their decision, do we have a right of appeal? Or is there some sort of legal info that is available? Cheers
Application refused
- Thread starter bb33
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Hey, I am sorry to hear that, you must be feeling very discouraged
. Can you give us some information about why it was refused, if you were issued a procedural fairness letter or had an interview etc.? You will get more useful advice once folks understand the specifics of your case. My partner and I are also applying under the common-law category, so I feel for you!!from my point of view, it is not common that an American got refused.it should be a huge red flag there.
Whether you have the right to appeal depends on whether you applied inland or outland. How did you apply?
If you do have the right to appeal, whether it's worth appealing depends on the reasons why you were refused. The appeal process is long and it may make more sense to submit a brand new application that addresses the refusal reasons.
I assume you were refused since CIC didn't believe you provided sufficient evidence to prove that you had cohabitated for a full year. Is that the case? If so, what evidence did you provide to show a year of cohabitation? Were you separated at all during that year due to work or travel? If so, how many times and for how long?
Yes, needed to provide more evidence. But can you explain how he got approved as a sponsor, like how does that make sense, but I was denied PR (sorry new to this). And we applied outland. Is there a link to see right of appeals? And how come you cannot appeal if it is inland?
The sponsor approval is entirely separate. They are not looking at the evidence of the relationship and processing the application at that time.
What did you submit, or lack thereof?
Sponsor approval is only checking they are eligible to be a sponsor in general (so not bankrupt, not on social assistance, no violent crimes, etc). It's not a check of relationship or anything to do with the PR applicant.
What exactly did you submit as proof of your common-law status? And did you get a procedural fairness letter that requested more proof, or specific wording as to their concern in rejecting the app? Were there any long gaps or periods spent apart during the 1 year qualifying time?
If you appeal and don't present new evidence that wasn't there in the original app, there wouldn't be much chance of an appeal being successful.
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This is very rare for US outland, OP would have really had to have been lacking in evidence/required documents for this outcome in my opinion.
so, what kinds of document/evidences did you submit to support your relationship? please specify.
I hope you’re right!
We have two kids and I seriously don’t know what we will do if we get denied...
Don't worry, I am right.
You'd have to be severely lacking in required documents for this to happen.
I'm also common-law and curious because I've been worried about not having enough evidence too! But i understood that they will always send you a pfl before refusing you.