Common Law sponsorship

[espresso87]

Your danger is in the in-between. It takes some time to get the application refused and CBSA is notified immediately; you then have to gather everything (has the police certificate expired, etc) and reapply, and then it takes 6 months or so for IRCC to acknowledge that you've actually applied.

Please focus on proving you live together. Fretting about how to re-apply and the public policy against removal before you've even received a Procedural Fairness Letter warning you that your application is likely to be refused without new evidence is not a good use of time.

We have received a letter saying the evidence we have provided is insufficient and a chance to show more. Is this the same as the Procedural Fairness Letter?
I understand what you have explained regarding the time frame. If the CBSA is notified by a lawyer etc that you are reapplying, is there no way to start the process and send a new application?

 

[k.h.p.]

We have received a letter saying the evidence we have provided is insufficient and a chance to show more. Is this the same as the Procedural Fairness Letter?
I understand what you have explained regarding the time frame. If the CBSA is notified by a lawyer etc that you are reapplying, is there no way to start the process and send a new application?

That is a procedural fairness letter. You need to focus on that. A lot of common-law applications get this letter and they send it what they have and everything is fine.

If you are refused, you are at risk until you re-submit and IRCC has processed your application enough to give you approval in principle.

Don't worry about refusal until you're refused.

 

[espresso87]

I’ve heard of people getting this letter and being fine as well. The only thing is that we have already sent in all the documents we possibly have and have just about run out of other proof. Not sure if there is something we can do it if anyone has any other ideas! The reason I’m already thinking ahead to plan B is just to be prepared in the event of having to reapply quickly.

 

[k.h.p.]

Provide a letter from your father, all the proof you already sent, and a letter from you explaining it's all that you have. Explain the background. Explain everything.

 

[espresso87]

Provide a letter from your father, all the proof you already sent, and a letter from you explaining it's all that you have. Explain the background. Explain everything.

Thank you. We are thinking of switching representation from Immigration consultant to Lawyer for this. I have also done some more research that read that you can always reapply after refusal. The public policy implies that the sponsored person can wait in Canada during that process. Regardless of the letter to leave I believe this would counteract it. I know this is a very specific scenario but I’m wondering if it makes sense. We had initially done this when his restoration was refused as well.

 

[k.h.p.]

Thank you. We are thinking of switching representation from Immigration consultant to Lawyer for this. I have also done some more research that read that you can always reapply after refusal. The public policy implies that the sponsored person can wait in Canada during that process. Regardless of the letter to leave I believe this would counteract it. I know this is a very specific scenario but I’m wondering if it makes sense. We had initially done this when his restoration was refused as well.

Public policy does not counteract CBSA's right to remove someone staying illegally. A sponsored person does not have a legal right to stay in Canada while the application is processed, it's just a courtesy thing that they do to try not to separate people. The longer you stay and the more refusals you have stacked up against you, the more likely CBSA is to at least demand you start a regular reporting schedule, etc.

But again, get the letter and proof submitted before you start worrying about a Plan B.