Cohabitation question on outland spousal app

[MicheleG]

Hi all,

On the Sponsored Spouse/Partner Questionnaire for persons living outside Canada being sponsored as spouses (IMM5490E), question 27 asks if my spouse and I have lived together.

Q1 - Does him being in Canada as a visitor since May 31, 2015, staying with me the entire time, count as living together?

To complicate matters, his application to have his visitor record extended was denied on Nov 12/15, and the letter said he was to leave Canada immediately unless applying for restoration of status within 90 days. We applied for the restoration on Nov 15/15, but no decision has been provided as yet. However he did not leave Canada, he is still here. We are now sending in an outland spousal PR application, and I'm not sure how to address the cohabitation question.

Q2 - Is it okay that he is still in Canada, given we applied for the restoration and are waiting the result?

He is here on parental leave as we had a baby June 11/15, and didn't dare leave the country in case he couldn't get back in. I'd like to report in full honesty that we've been cohabiting in Canada since May 31/15 but technically he's only visiting.

Thank you so much for any feedback.

 

[MicheleG]

Does anyone have thoughts on this question?

 

[Aquakitty]

Hi all,

On the Sponsored Spouse/Partner Questionnaire for persons living outside Canada being sponsored as spouses (IMM5490E), question 27 asks if my spouse and I have lived together.

Q1 - Does him being in Canada as a visitor since May 31, 2015, staying with me the entire time, count as living together?

To complicate matters, his application to have his visitor record extended was denied on Nov 12/15, and the letter said he was to leave Canada immediately unless applying for restoration of status within 90 days. We applied for the restoration on Nov 15/15, but no decision has been provided as yet. However he did not leave Canada, he is still here. We are now sending in an outland spousal PR application, and I'm not sure how to address the cohabitation question.

Q2 - Is it okay that he is still in Canada, given we applied for the restoration and are waiting the result?

He is here on parental leave as we had a baby June 11/15, and didn't dare leave the country in case he couldn't get back in. I'd like to report in full honesty that we've been cohabiting in Canada since May 31/15 but technically he's only visiting.

Thank you so much for any feedback.

You are married I assume? Yes living together means exactly that, it's not a trick question His visitor status has nothing to do with your living arrangement.

Put it this way, to the CBSA, he's just "visiting". For CIC purposes, he's living in Canada. It's a tricky balance you have to maintain. What was the reason for the visitor record denial?

 

[MicheleG]

Put it this way, to the CBSA, he's just "visiting". For CIC purposes, he's living in Canada. It's a tricky balance you have to maintain. What was the reason for the visitor record denial?

That's a great question... we have no idea why it was denied. What does anyone here think? This is the letter we got:

November 12, 2015

This letter refers to your application for a visitor record.

Based on your application and accompanying documentation that you have provided, I have
carefully considered all information and I am not satisfied that you meet the requirements of the
Immigration and Refugee Protection Act and Regulations. Your application as requested is
therefore refused.

Persons wishing to extend temporary resident status in Canada must satisfy an officer that they
will leave Canada by the end of the period authorized for their stay, that they will not contravene
the conditions of entry and that they do not belong in a category of persons inadmissible to
Canada under the Immigration and Refugee Protection Act.

In reaching a decision, an officer considers several factors, which include the applicant’s:

1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including:
- employment and study commitments;
- family ties and responsibilities;
- status (citizenship or immigration status);
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorized stay.

After considering all the circumstances of your case, I am not satisfied that you meet the
requirements of the Act and Regulations.

You must leave Canada on or before the expiry of your current document or, if your
document has already expired you must leave Canada immediately. Failure to do so
could result in enforcement action being taken against you.

[X] We also wish to advise you that your temporary resident status expires on 2015/11/12.

You may apply for restoration if, within 90 days from the expiry of your temporary resident status
you submit:
 a completed application form;
 applicable fees for restoration and for the immigration document(s). Payments should
be made online at (link). When you are finished, you must print the receipt of
payment and include it with your application.
 all required documents in support of your application.

Please consult the section “Restoration of status” in the application guide: “Applying to
change conditions or extend your stay in Canada”. Restoration applies to each member
who has lost his or her status. Please note that there is no guarantee your application will be
accepted.

Should you choose not to apply for restoration of your status, you will remain a person
without legal Temporary Resident Status and as such will be required to leave Canada
immediately. If you do not leave Canada voluntarily, enforcement action may be taken
against you.

When should I contact CIC?

You must notify Citizenship and Immigration Canada (CIC) of any changes to your application.

Examples of changes include:
 Changes in your personal circumstances, such as birth or adoption of a child, death of a
family member, a marriage or a divorce;
 Change of contact information (e-mail, mailing address, telephone number);
 Appointment or change of immigration representative or designated individual;
 Decision to withdraw your application.

Changes to your address should be made through our online service at
(CIC link provided)

Sincerely,
Officer P
Case Processing Centre Vegreville

 

[MicheleG]

Our hunch is the reason was #2 above, that his ties to his home country are less than his ties to Canada, and thus he may be unlikely to leave at the end of the visit. We made no mention of the PR app on the visit extension request, which in hindsight was a mistake. When we submitted the restoration of status, we were very clear that a PR application would follow. We also paid the fees and did the medical in advance, to show we are sincere.

Other than that we have no idea why they would refuse his extension, given he is here on parental leave with our now 8 month old baby.

I'm just not sure if he in fact has "implied status" or if he is supposed to have left the country and applied for restoration from outside Canada. The CIC letter was a bit unclear on that note.

Does anyone know if implied status is given while waiting for restoration?

Thanks a million to all of you amazing helpful people.