Common-Law Sponsorhip refused

[NTV]

Hello there everyone.

Last week we received the answer from Immigration telling us that the Spouse or Common-Law Partner in Canada Class application has been refused
for the following reason: ''From the information you have provided with your application, we are not satisfied that you have met the requirements of the Spouse or Common-law Partner in Canada Class, as you have not resided with your sponsor for a period of at least one year at the time your application was submitted.”
This is because my spouse and I couldn't live together before due to he was working in Canada and I was working in Venezuela. But now that we have been living together since December 14 2012 and we met the requierements we want to re-apply again. Although I have some questions that would like you to help me with:
1.- What is my status now in the Country after my visitor visa has expired due to the Application's time of processing? I applied for a Visa extention but Immigration said it wasn't necessary because I had an ''Imply status'' by the time.
2.- Should I leave the country or should I apply for a visa extension now that we are re-applying again?
3.- How much time do I have to re-apply?

Thanks a lot for your help!

 

[Ponga]

So sorry to hear that your application has been denied.

1. You are no longer under implied status and may have to leave and try to re-enter Canada. Even though you can, technically, re-apply now, without status, there is no guarantee that you would not be deported before you have AIP (Approval In Principle), which would take ~ 10 months +/-

2. I don't believe that you can apply for a visitor extension, because you are likely now to be out of status.

3. You can re-apply now, if you're ready.

Good luck with round 2!

 

[NTV]

Thanks for your answer Ponga.

What do you mean 'by saying 'there is no guarantee that you would not ''be deported'' before you have AIP (Approval In Principle)''??
Is it possible to be deported after losing my visa Because of Application's status? I didn't do it on purpose. I will be sending the new application next week.

The application guide says:
For out-of-status applicants:
Under “Status” select “Other”;
Under “Other” type in “Out of status, requires restoration”;

 

[QuebecOkie]

Status restoration is only available for a set period of time (I think I've read 90 days, but I am not at ALL sure of that).

And CIC isn't in the business of caring. They won't care why you overstayed, unfortunately.

 

[Ponga]

Thanks for your answer Ponga.

What do you mean 'by saying 'there is no guarantee that you would not ''be deported'' before you have AIP (Approval In Principle)''??
Is it possible to be deported after losing my visa Because of Application's status? I didn't do it on purpose. I will be sending the new application next week.

The application guide says:
For out-of-status applicants:
Under “Status” select “Other”;
Under “Other” type in “Out of status, requires restoration”;

Although you are no longer required to maintain legal status to apply, thanks to the change that was made in Feb 2005, you DO need legal status to guarantee that you would not be removed by CBSA, while your application is being processed.

Prior to Nov 2011, there was an Administrative Deferral of Removal policy in place with CBSA that would let a person that had an active sponsorship application submitted, remain, but...that was then.

This does not mean that you will be deported, but you should be aware that you could be, if CBSA knows that you're here without legal status.

Good Luck!

 

[taffy7]

I am curious , if you wasn't able to live together before your application what did you apply for . You said common law but that requires you to live for 12 continuous months together before you applied .