Conflicting advice Inbound Sponsorship - PLEASE HELP

[LeelaD]

Hi all, I have been posting a lot of questions here but would love someone to just clear this up for me, my partner and I routinely bump into some aquantainces who have applied for Inbound sponsorship in Canada(him canadian/her french) we've already made the mistake of not realising that common law had to be twelve consecutive months living together but we again bumped into them and they told us that they are completing the inbound spousal sponsorship, she has her work permit after six months after applying and they were adamant that she could leave the country, I have been told multiple times, by a lawyer and read on CIC that you *cannot* leave the country for the duration of the inbound spousal sponsorship - is there some different regulation that applies because of the work permit or are they completely wrong? They applied under status as common law but she returned to france for two and a half months after the first six months, they seem to think that because they had a year long lease that that means that they will be granted common law status but will the processing centre not question the date stamps in her passport, I ask these questions because we very foolishly took the advice they gave us and also applied for common law status for an extension of visitor stay even though I returned to the U.K after six months.

The main question we have though is to do with them being certain she can leave the country during inbound spousal sponsorship??

 

[profiler]

Hi all, I have been posting a lot of questions here but would love someone to just clear this up for me, my partner and I routinely bump into some aquantainces who have applied for Inbound sponsorship in Canada(him canadian/her french) we've already made the mistake of not realising that common law had to be twelve consecutive months living together but we again bumped into them and they told us that they are completing the inbound spousal sponsorship, she has her work permit after six months after applying and they were adamant that she could leave the country, I have been told multiple times, by a lawyer and read on CIC that you *cannot* leave the country for the duration of the inbound spousal sponsorship - is there some different regulation that applies because of the work permit or are they completely wrong? They applied under status as common law but she returned to france for two and a half months after the first six months, they seem to think that because they had a year long lease that that means that they will be granted common law status but will the processing centre not question the date stamps in her passport, I ask these questions because we very foolishly took the advice they gave us and also applied for common law status for an extension of visitor stay even though I returned to the U.K after six months.

The main question we have though is to do with them being certain she can leave the country during inbound spousal sponsorship??

We also saw an immigration lawyer before applying inland. The lawyer explained that the inland application does provide an OWP if you apply for it, within 4 months. When asked about leaving the country to return home on compassionate grounds (my wife's grandmother is in her 80's and something bad may occur during the 26 month assessment time), we were told that it would be up to the agent at the border; this is considered to be abandoning the application.

It clearly states on my wife's OWP that it cannot be used for re-entry. She does have a visitor visa that would permit re-entry, but as I said previously, the agents at the border would be the ones making the decision about the application being abandoned.

 

[canuck_in_uk]

we again bumped into them and they told us that they are completing the inbound spousal sponsorship, she has her work permit after six months after applying and they were adamant that she could leave the country,

They applied under status as common law but she returned to france for two and a half months after the first six months, they seem to think that because they had a year long lease that that means that they will be granted common law status but will the processing centre not question the date stamps in her passport

I ask these questions because we very foolishly took the advice they gave us and also applied for common law status for an extension of visitor stay even though I returned to the U.K after six months.

Canada does not prevent PR applicants from leaving. However, it is not advised to leave because if a person is refused re-entry into Canada, the inland PR app is cancelled. Though the risk of being refused re-entry when a person holds an OWP is low, it can happen.

Unless they had a full year of living together after that 2.5 month gap, they aren't common-law. I doubt their app will be approved.

As I advised you in your other thread, whether you are actually common-law or not really has no bearing on the visitor extension app.

 

[Rob_TO]

I have been told multiple times, by a lawyer and read on CIC that you *cannot* leave the country for the duration of the inbound spousal sponsorship - is there some different regulation that applies because of the work permit or are they completely wrong?

Inland rules state clearly only that sponsor and applicant must be living together in Canada during entire duration of processing. It doesn't forbid people to travel. So there are 2 risks involved if you leave the country
1. If you gone long enough that CIC thinks you aren't residing in Canada anymore (like several months or more), they can cancel the app
2. If you are refused entry back into Canada, the app is considered as abandoned and cancelled.

However, many inland applicants have successfully left for short trips, and re-entered Canada with no problem so it had no effect on the app. Having the OWP doesn't guarantee re-entry, but it probably makes it a bit easier. But the risk is always there.

They applied under status as common law but she returned to france for two and a half months after the first six months, they seem to think that because they had a year long lease that that means that they will be granted common law status but will the processing centre not question the date stamps in her passport,

IMO 2.5 months is way too long, and there is a very high chance their app will eventually be rejected since they weren't common-law at the time it was submitted. We have seen common-law apps rejected for much less than this. Definition of common-law requires physical cohabitation with each other. If I was giving advice to them, I would tell them to get married asap and see if visa officer will change the app to a married spouse one instead of common-law.

 

[bk2001050]

Do not bother applying as common law because there is about a 70-90% chance it will be rejected and a complete waste of time for both of you. Common law is almost impossible to prove because you need a ridiculous amount of evidence.... believe me. Even then it will most definitely trigger and interview and 12 months is really not enough to know someone. They will/might put you in separate rooms and ask a hundred questions, out of which if there are discrepancies in 3, they will reject it. This route is only recommendable for people who have lived together for 3-5 years, know everything about each other and have ample amount of evidence as outlined in the IRPA or immigration and refugee act. In your case you will be wasting time trying to sponsor this person because it will most likely get refused especially given the time apart.

 

[canuck_in_uk]

Do not bother applying as common law because there is about a 70-90% chance it will be rejected and a complete waste of time for both of you. Common law is almost impossible to prove because you need a ridiculous amount of evidence.... believe me. Even then it will most definitely trigger and interview and 12 months is really not enough to know someone. They will/might put you in separate rooms and ask a hundred questions, out of which if there are discrepancies in 3, they will reject it. This route is only recommendable for people who have lived together for 3-5 years, know everything about each other and have ample amount of evidence as outlined in the IRPA or immigration and refugee act. In your case you will be wasting time trying to sponsor this person because it will most likely get refused especially given the time apart.

Ignore this post. Complete and total BS.

 

[canadianwoman]

A person who applies inland is allowed to leave Canada. The problem is that if he or she is not let back into Canada, the inland application is over.

Someone who does not need a visa to enter Canada will probably be let back in. Having a OWP helps as well. There is no guarantee they will be let back in, though, so it is a risk to travel with an inland application in process.

According to the rules, common-law requires 12 continuous months of living together. Short breaks apart are allowed. Two and a half months apart will result in a denial. However, if the visa officer does not find out about this break, they could still be accepted. In my opinion, it is not worth the risk.