It will be back to England.Ponga said:You're very welcome. I wish we had an option for you, but...there really isn't one.
I can't even imagine how difficult this is for you both, but I urge you to NOT try to argue your case with CIC, as it very well could jeopardize her PR because of her misrepresentation. Having said that...she may longer even want it if you can't stay in Canada with her.
So...when you say that she will probably go with you, where will you be going?
I need help after being denied PR under Spouse or Common-law Partner in Canada
- Thread starter kindheart
- Start date
Yes, and it seems this rules catches mostly people who make the same type of mistake or don't quite understand the rule to begin with when they do their own PR application. In most cases the people affected were not trying to abuse the system or do it purposefully, and was the result of a misunderstanding.kindheart said:
However CIC does not usually care, and as I said they are very strict. Doesn't really matter to them if it was due to a simple mistake or if one was purposefully trying to commit fraud, they tend to treat them the same. Not fair at all, but that is the reality of the situation.
Ponga said:You're very welcome. I wish we had an option for you, but...there really isn't one.
I can't even imagine how difficult this is for you both, but I urge you to NOT try to argue your case with CIC, as it very well could jeopardize her PR because of her misrepresentation. Having said that...she may longer even want it if you can't stay in Canada with her.
So...when you say that she will probably go with you, where will you be going?
Just a question, I'm not sure what would happen if I stayed in Canada without any status.
Best case scenario you would never be able to work legally, never be covered by the health care system, and always live with the worry you could be removed from Canada at any time and with little notice.kindheart said:
To add, you would also never want to leave the country even for vacation, since you would risk detection of the illegal overstay upon re-entry.scylla said:
Probably nothing...for a little while, but you'll be looking over your shoulder constantly.kindheart said:
Sooner or later ( I suspect sooner) CBSA will get wind of the PR refusal and will probably send you a letter, telling you to leave Canada by a certain date.
If you do not leave by that date, they could start proceedings to officially deport you, which is the LAST thing either of you need!
Keep in mind that if she does return to England with you, she can stay (outside of Canada) for 3 full years and then return to Canada (where she would then need to remain for 2 full years) to maintain her PR residency obligation, which is 730 days out of five years.
This might give you time to determine if there is any way for you to also become a PR of Canada.
Again, I wish you the best.
[*Edit]
Who knows...maybe in those 3 years that she's away, CIC will have revised this policy to allow those that truly did make a mistake, to fix it. Perhaps you could even spearhead the movement from afar! Convince CIC that you would prefer to contribute to the Canadian economy. LOL!
This might give you time to determine if there is any way for you to also become a PR of Canada.
Again, I wish you the best.
[*Edit]
Who knows...maybe in those 3 years that she's away, CIC will have revised this policy to allow those that truly did make a mistake, to fix it. Perhaps you could even spearhead the movement from afar! Convince CIC that you would prefer to contribute to the Canadian economy. LOL!
It's just a technicality, but as mentioned with an inland sponsorship app there are no appeal rights, even if you wanted to appeal this. So you don't need to worry if you are making the right or wrong decision in not appealing, as CIC has already made the decision for you.kindheart said:
http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
5.38. No appeal rights
Sponsors of applicants seeking to remain in Canada do not have a right of appeal to
the IAD. This includes:
• Members of the Spouse or common-law partner in Canada class
Here is another thing you could consider trying. If your partner still qualifies under one of the immigration streams (perhaps the same one she first got PR under) then she could voluntarily renounce her PR status, and basically start again from scratch to apply for PR all over again but this time listing you as common-law spouse. Of course the drawback here is while applying for her new PR neither of you would have status in Canada, and there is no guarantee she would be successful in getting PR again. But if it comes down to her leaving Canada anyways to live with you in another country where she may eventually lose PR anyways due to not meeting residency obligation... there may be no harm in trying. That being said I've never actually seen a case before of someone renouncing and re-applying for this reason, so best to also talk to a qualified immigration lawyer first if it's something you would consider doing.
Wrong. This won't work. CIC shut this loop hole down many years ago. It will still end in refusal.Ka101 said:
