Common law sponsorship help!

[Ponga]

Yeah I know, we though we were in the process ayyy Do you have any good immigration lawyers that can refer to me in Toronto? Like trustful ones?

Not sure you really need a lawyer, since it appears that nothing's been done by your `agent'. Many people here without any legal experience have been successful in obtaining spousal sponsored PR for their spouse or partner. It's overwhelming (at first), but unless you have major red flags*, it's doable. If you want to speak with someone, you can reach out to the law firm that generously provides these free forums. You'll find their contact number

*Your partner being in Canada without status is not good, but may not be a major red flag, in and of itself, especially if you submit an Inland application. Whatever you decide to do, do it ASAP!

 

[jinna]

Looks like the Cohen firm is in Quebec. I went to law school in Ontario, but have no Toronto immigration contacts. Ask around, or check with the Law Society.

Thanks anyways !

 

[jinna]

The matter of needing a lawyer I suppose is debatable. But, from what I am getting here, you are not sophisticated in the legal sense and, given the history, I would suggest an early consultation. I do not see it as a case where you simply start preparing and filing your own application and nothing else.

I am concerned, too, that you have paid out some money which you should get back. I have no idea how much we are talking about. But very likely, worth pursuing, particularly if it costs you little or nothing to pursue. You might get recovery through a complaint to the Law Society. My advice remains, at least, to have an initial consultation with a lawyer, explaining the whole mess. You can always decide to take on the actual application process on your own thereafter, should you feel up to it.

Thanks! But I think my case is a bit complicated to do it by myself… but I will…find a lawyer as fast as possible to see what can we do we are lost too but thanks for your advise !

 

[Ponga]

The matter of needing a lawyer I suppose is debatable. But, from what I am getting here, you are not sophisticated in the legal sense and, given the history, I would suggest an early consultation. I do not see it as a case where you simply start preparing and filing your own application and nothing else.

I am concerned, too, that you have paid out some money which you should get back. I have no idea how much we are talking about. But very likely, worth pursuing, particularly if it costs you little or nothing to pursue. You might get recovery through a complaint to the Law Society. My advice remains, at least, to have an initial consultation with a lawyer, explaining the whole mess. You can always decide to take on the actual application process on your own thereafter, should you feel up to it.

Agreed.

I did find this recent post on the main website here that appears to contain incorrect information:
https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html#gs.lmtj52

What is Inland sponsorship?
Inland sponsorship allows Canadians and permanent residents to sponsor their loved one, provided the couple is legally living (cohabiting) together in Canada.

To apply under Inland sponsorship, the foreign spouse or common-law partner must also have valid temporary status in Canada, either as a worker, student, or visitor. During the processing of an Inland sponsorship application the sponsored person will be able to continue to live, work or study in Canada.

---

Far be it from me to question the legal team here, but since when is legal status now a requirement for an Inland spousal sponsorship? Unless IRCC has extinguished their Public Policy very recently, this appears to be wrong. Perhaps other family members DO require legal status, but this did not apply to a spouse/partner.

 

[jinna]

Not sure you really need a lawyer, since it appears that nothing's been done by your `agent'. Many people here without any legal experience have been successful in obtaining spousal sponsored PR for their spouse or partner. It's overwhelming (at first), but unless you have major red flags*, it's doable. If you want to speak with someone, you can reach out to the law firm that generously provides these free forums. You'll find their contact number

*Your partner being in Canada without status is not good, but may not be a major red flag, in and of itself, especially if you submit an Inland application. Whatever you decide to do, do it ASAP!

Yeah thanks soooo munchhh ! Yeah we will do it as fast as possible, do u think how will it going to take like a complex case like this ?

 

[jinna]

Agreed.

I did find this recent post on the main website here that appears to contain incorrect information:
https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html#gs.lmtj52

What is Inland sponsorship?
Inland sponsorship allows Canadians and permanent residents to sponsor their loved one, provided the couple is legally living (cohabiting) together in Canada.

To apply under Inland sponsorship, the foreign spouse or common-law partner must also have valid temporary status in Canada, either as a worker, student, or visitor. During the processing of an Inland sponsorship application the sponsored person will be able to continue to live, work or study in Canada.

---

Far be it from me to question the legal team here, but since when is legal status now a requirement for an Inland spousal sponsorship? Unless IRCC has extinguished their Public Policy very recently, this appears to be wrong. Perhaps other family members DO require legal status, but this did not apply to a spouse/partner.

I had read about this one
Inland Spousal Sponsorship Application for Out of Status Applicants
In order to be granted permanent residence under the In-Canada Class, the applicant must:

• Have been included in a spousal or common-law sponsorship application under the In-Canada class – NOTE: if the sponsor is found ineligible to be a sponsor, the application will be refused
• Be in a bona-fide relationship with the sponsor
• Live together with the sponsor in Canada

Applicants for spousal sponsorship under the In-Canada Class become removable from Canada if the sponsorship application is refused. Because of a lack of options to stay in Canada, as well as having stayed illegally in Canada, it is even more important than usual for the applicant to prove that they are in a genuine relationship with their sponsor and have not entered into a marriage of convenience just to remain in Canada.

It is also extremely important for out of status applicants to ensure that their application is completely free of mistakes or omissions which could cause the application

 

[YVR123]

Yeah thanks soooo munchhh ! Yeah we will do it as fast as possible, do u think how will it going to take like a complex case like this ?

I really don't think you have a complicated case other than he is out of status (which we do see many cases here) and having some doucuments that you cannot get from China. Since he left since he was very young, you/lawyer can try to see if there can be any exemption of that document with a letter of explination.

You have been living together all these years and hopefully you have document to proof all these years of cohabitation. (important document for common law sponsorship)

 

[jinna]

I really don't think you have a complicated case other than he is out of status (which we do see many cases here) and having some doucuments that you cannot get from China. Since he left since he was very young, you/lawyer can try to see if there can be any exemption of that document with a letter of explination.

You have been living together all these years and hopefully you have document to proof all these years of cohabitation. (important document for common law sponsorship)

thanks you.. hopefully everything is fine !

 

[armoured]

Hi I am kinda indecisive, so we applied for common law sponsorship at the end of 2020 through an agent

Was this a lawyer or a consultant?

If a lawyer, please do complain to the law society (of upper canada). If it is a consultant, there is a regulatory regime, and you should complain through their regulator:
https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/11/theres-a-new-regulator-of-immigration-and-citizenship-consultants-what-does-this-mean.html

If your 'agent' is an unregistered consultant, you should also complain (I think to that regulator) - they can be subject to fines etc I believe if they have not registered.

And in both cases, it raises the likelihood you can get some money back or have some success in suing (with whatever regimes ontario has like small claims court, not an expert).

Please do complain.

As for how you apply going forward:
-whether you apply on your own without a lawyer or with the help of a lawyer or consultant, you really should download this information and the forms and try to understand them: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/apply.html

Basically your lawyer / consultant will be asking for all this information. So you may as well understand what is needed and some of the process.

It is not that difficult to collect the information or complete the forms BUT to be blunt you possibly need the help. Just don't settle for nonsense like 'it's complicated' and no movement for years.

 

[armoured]

If your 'agent' is an unregistered consultant, you should also complain (I think to that regulator) - they can be subject to fines etc I believe if they have not registered.

I draw attention to the text in the announcement here:
"The Immigration and Refugee Protection Act and the Citizenship Act require that individuals who provide paid immigration or citizenship advice or representation be authorized to do so. These Acts make it an offence for anyone to represent or advise for a fee at any stage of an application or proceeding if they are not a member in good standing of one of the following:" (list)

I do't know how actively the authorities pursue such cases, but it's still worth a try.

 

[jinna]

I draw attention to the text in the announcement here:
"The Immigration and Refugee Protection Act and the Citizenship Act require that individuals who provide paid immigration or citizenship advice or representation be authorized to do so. These Acts make it an offence for anyone to represent or advise for a fee at any stage of an application or proceeding if they are not a member in good standing of one of the following:" (list)

I do't know how actively the authorities pursue such cases, but it's still worth a try.

thanks you so munch it is very helpful! Godless you!

 

[jinna]

The matter of needing a lawyer I suppose is debatable. But, from what I am getting here, you are not sophisticated in the legal sense and, given the history, I would suggest an early consultation. I do not see it as a case where you simply start preparing and filing your own application and nothing else.

I am concerned, too, that you have paid out some money which you should get back. I have no idea how much we are talking about. But very likely, worth pursuing, particularly if it costs you little or nothing to pursue. You might get recovery through a complaint to the Law Society. My advice remains, at least, to have an initial consultation with a lawyer, explaining the whole mess. You can always decide to take on the actual application process on your own thereafter, should you feel up to it.

Hey you were right I just read the web that you share and about under public policy sponsorship one more question if he is not qualify covered for public policy it is that means he is an inadmissible which mean before applying for sponsorship there still a lot of process that have to be done?

 

[Ponga]

Hey you were right I just read the web that you share and about under public policy sponsorship one more question if he is not qualify covered for public policy it is that means he is an inadmissible which mean before applying for sponsorship there still a lot of process that have to be done?

If you are talking about Public Policy that waives the requirement for legal status for an Inland applicant, he would not be deemed inadmissable, UNLESS he is already considered Removal Ready. If he has not had any interaction with CBSA or IRCC regarding his overstay, he may in fact benefit from the policy.
See this post for more info:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/question-for-a-moderator-regarding-inland-spousal-sponsorship-re-legal-status.792518/post-10408482