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Common-law sponsoring, HELP please

thanhtam23

Star Member
Nov 27, 2023
180
70
Category........
FAM
Visa Office......
Sydney
App. Filed.......
12-10-2024
Doc's Request.
14-11-2024
AOR Received.
08-11-2024
Med's Request
22-11-2024
Over all I 'm not going to quibble with your timeline but would note: I don't think the step of withdrawing is necessary or will help.

Couples who marry during their process can get it reviewed on basis of the changed circumstances (this is in the regs or operating manual), and officers must consider.

This doesn't fix the undeclared common law status but if they can get married, there is no benefit (that I can see) to withdrawing.

That said: lawyer.
it’s normal to change the circumstances because the PR processing time might take years but i think get married in these 30 days only to respond to PFL seems to be too rushed and doesn’t look good
it was a very bad choice of him to apply as common law so the chance is quite slim either ways
 
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armoured

VIP Member
Feb 1, 2015
17,367
8,959
it’s normal to change the circumstances because the PR processing time might take years but i think get married in these 30 days only to respond to PFL seems to be too rushed and doesn’t look good
it was a very bad choice of him to apply as common law so the chance is quite slim either ways
I disagree on several points:

-At the time they send a PFL, they are ready and prepared to refuse the application on serious grounds - that's why it is called a procedural fairness letter, they are giving him a chance to respond. At this stage we are no longer in the 'years of PR processing time.'
-Nothing unusual about a couple living together with a child getting married in civil ceremony to deal with civil issues (recognition of their relationship by the government).
-As I noted, it is in the operational guidelines etc that IRCC officers MUST consider new information like change of marital status - conjugal to married, common law / etc. (To put simply if the married status does change the evaluation - eg as above where they were in one interpretation not common law at all in 2024, then married potentially reverses that deficiency.
-Regardless of whether it 'doesn't look good', they are currently facing a rather catastrophic development - one spouse being banned from sponsorship - and anything that has a chance of helping avoid that should be considered.

Will it work? is it too clever by half? Maybe. THAT'S WHY THEY NEED A LAWYER.