Common-Law Spousal Sponsorship Interview

[Hayles1980]

Hi everyone, I'm new to this forum and am looking for some feedback.

I am currently in the process of sponsoring my common law spouse (Brazilian) for PR, and after two years of waiting, we found out that on March 2nd we have to go for an interview. He hasn't done any of the medical yet or anything else, and this is our first contact since filing the application.

Does anyone have any experience with what to expect? I have looked up all the questions, but besides that, how long does it take? Is this a good sign or a bad sign? What are the odds of being refused?

We are both in Canada and the interview is in Toronto. Our relationship is completely genuine, and I'm nervous that for some reason they may think otherwise, or find some reason to refuse. We used a well known lawyer to file the application who will be meeting with us to prepare, but not much information has been shared with us so far. I have a good job, make good money, have never sponsored anyone before, haven't been married before and have no children.

I feel like I probably shouldn't be so worried, but by nature I'm somewhat nervous about things like this and it's weighing heavily on my mind that I am somehow going to say or do something wrong and have my whole life flipped upside down.

If anyone has any advice or re-assurance for me I would greatly appreciate it!

Thanks in advance

 

[scylla]

Did you apply inland or outland? If inland, what did the interview letter / notification say? If you applied inland, this could be an interview to assess your relationship or it may be the landing interview where you get PR (in which case there's really nothing to be concerned about).

 

[Rob_TO]

Did you apply inland or outland? If inland, what did the interview letter / notification say? If you applied inland, this could be an interview to assess your relationship or it may be the landing interview where you get PR (in which case there's really nothing to be concerned about).

Since the applicant hasn't done any medical yet, I don't think it's the landing interview.

Most likely it's an interview to assess the relationship itself. Unfortunately this is never a good sign, since the only reason they hold interviews is if the visa officer has doubts about the relationship. So you would need to bring lots of proof of your genuine common-law relationship to the interview, especially during the past few years since you submitted the application.

As mentioned though, if you can specify exactly what was in the letter to you, that would help clarify things.

 

[Hayles1980]

I don't actually know what was in the letter as it was sent directly to our lawyer, and not to our address.

We are meeting with the lawyer on monday to discuss how to go forward.

We are working with David Rosenblatt from Rosenblatt Immigration Law (for some reason I am not allowed to post a link). Hopefully he will be able to provide us with advice :-/

I'm really nervous now.

 

[scylla]

Since the applicant hasn't done any medical yet, I don't think it's the landing interview.

Most likely it's an interview to assess the relationship itself. Unfortunately this is never a good sign, since the only reason they hold interviews is if the visa officer has doubts about the relationship. So you would need to bring lots of proof of your genuine common-law relationship to the interview, especially during the past few years since you submitted the application.

As mentioned though, if you can specify exactly what was in the letter to you, that would help clarify things.

I missed the bit about the medical not being done. In that case I agree, this interview has been called because they most likely have concerns about your relationship.

 

[Global2]

I'm not an expert, but I'd say the red flag they see is:you have been together for two years, and if you both live in Canada or are in Canada right now, why aren't you married?
While getting a marriage license does not automatically validate a relationship it does show continuing commitment to the relationship.
It's my understanding that the common law or conjugal partner were intended for the scenarios where two people cannot get married for some valid reason.

 

[scylla]

I'm not an expert, but I'd say the red flag they see is:you have been together for two years, and if you both live in Canada or are in Canada right now, why aren't you married?
While getting a marriage license does not automatically validate a relationship it does show continuing commitment to the relationship.
It's my understanding that the common law or conjugal partner were intended for the scenarios where two people cannot get married for some valid reason.

No - that's not how it works. Conjugal is meant for those who cannot get married and cannot become common law. Common law is a perfectly acceptable form of partnership in the eyes of CIC. There is no obligation to get married and lots of reasons why some people don't want to. Being common law is not a red flag.

 

[Hayles1980]

We actually tried to get married (spouse is divorced) and were sent back to 'correct' documents three times. The cost of translation is ridiculous, and it was due to typos etc. Eventually we got what we needed to prove the documents were valid but by then we decided to just forget it.

Marriage is not something that is important to me, in my mind we are married, despite not having it stamped on paper.

 

[mikeymyke]

Unfortunately, an interview request in your case is not a good thing, since they have concerns about the genuineness of your relationship. Best thing to do is either order GCMS notes to find out what they're saying about your relationship, or personally identify what parts of your relationship would be a concern. Then be prepared to address these concerns with additional proofs or clear explanations.

 

[Hayles1980]

Well we have no choice, our relationship is 100% genuine and we have lived together for almost 6 years. If they find some way to reject us then the system is broken.

 

[Aquakitty]

Isn't there some way to know what kind of interview they are getting based on the office the interview is held in? I thought the "suspicious" cases were sent to certain offices for inland.

 

[mikeymyke]

Well we have no choice, our relationship is 100% genuine and we have lived together for almost 6 years. If they find some way to reject us then the system is broken.

Some couples are like this: long courtship, but with some relationship concerns. You're not unique, this happens to a lot of people. A couple could be together for a very long time, but for example, they claim to be common law, but it appears their dates don't match up, or one of the spouses would seem to have lived abroad (breaking the 1 year rule). Or the spouse has been sponsored to Canada before, was a former refugee claimant, etc. There are many reasons. You should order the GCMS notes to see what's the deal with your case.

 

[Hayles1980]

can I get these notes in less than a week? We only got ten days notice of the interview.

 

[Ponga]

Unfortunately, it takes longer than that.


Good luck!

 

[crucial]

can I get these notes in less than a week? We only got ten days notice of the interview.

Since you are nervous about,it is good to have the GCMS notes in hand. You can order the notes which takes 30 days to arrive. Ask your representative/lawyer to postpone the interview or get a sick medical report your doctor. When you finally get the notes you can actually know their concern and fully be prepared.
Just my little piece of advice.
Good luck.