Common Law/Spousal Sponsorship Help!

[espresso87]

Is it technically possible for a common law couple who is going to be getting married in July to reapply for sponsorship as a married instead of common law if the first (common law sponsorship) is refused? (If application is prepared and completed ahead of time to be ready for the possibility). Some things to note are my partner is out of status and the only thing allowing him to stay is the pending application. If another is put in promptly, can this retract or “waive” an order to leave etc?

 

[bian07]

The thing is that the sponsorship application won't give him any status. If they want to remove him, they will.

 

[scylla]

Is it technically possible for a common law couple who is going to be getting married in July to reapply for sponsorship as a married instead of common law if the first (common law sponsorship) is refused? (If application is prepared and completed ahead of time to be ready for the possibility). Some things to note are my partner is out of status and the only thing allowing him to stay is the pending application. If another is put in promptly, can this retract or “waive” an order to leave etc?

Yes, you can reapply as married.

CBSA can still remove him. Submitting the application quickly doesn't protect him from this if CBSA decides to take action.

 

[espresso87]

Yes, you can reapply as married.

CBSA can still remove him. Submitting the application quickly doesn't protect him from this if CBSA decides to take action.

I thought there was a public policy that protected against this at least while an application is pending, especially if it inland.

 

[scylla]

I thought there was a public policy that protected against this at least while an application is pending, especially if it inland.

Yes, one you have AIP, CBSA won't take action.

However it will take months to receive AIP from the time your application is submitted.

 

[espresso87]

Yes, one you have AIP, CBSA won't take action.

However it will take months to receive AIP from the time your application is submitted.

If it takes months and the CBSA takes action, is it possible to get the lawyer involved saying hey we sent this (with a receipt and copy)?
The thing is, we are already going to be getting married in the middle of all of this. What are your suggestions?

 

[scylla]

If it takes months and the CBSA takes action, is it possible to get the lawyer involved saying hey we sent this (with a receipt and copy)?
The thing is, we are already going to be getting married in the middle of all of this. What are your suggestions?

My suggestion is to stop worrying about CBSA. Entirely possible they may do absolutely nothing. I think you're spending too much calories on something that may never happen. If and when this becomes an issue, get a lawyer then.

 

[espresso87]

My suggestion is to stop worrying about CBSA. Entirely possible they may do absolutely nothing. I think you're spending too much calories on something that may never happen. If and when this becomes an issue, get a lawyer then.

I want to be prepared so that we can make the right decisions and be prepared to send another application in a timely manner. If we get married before the July 17th date do you think this would be frowned upon?