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Illegal immigrant in another country applying for family class sponsorship

Roch6219

Star Member
Aug 4, 2018
51
27
The one year cohabitation is a separate requirement from the relationship proof (although admittedly in some sense they overlap).

You have not said anything about what you submitted to support the case for common law - which makes me believe that this is likely where the problem is going to arise. You would not find that out at this point, but with a refusal (or possibly a letter prior to refusal).
This is what I sent:
- letters from friends
-vacation pictures
-letters received at the same adress
-Mutual financial supporting documents
-joint bank account
 

scylla

VIP Member
Jun 8, 2010
97,673
23,383
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
This is what I sent:
- letters from friends
-vacation pictures
-letters received at the same adress
-financial supporting documents
-joint bank account
That's a little bit thin.

Does the joint bank account evidence you provided cover a full year?

Can you provide a joint lease or an affidavit from the landlord confirming you lived at the address together continuously for at least one full year?
 
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Roch6219

Star Member
Aug 4, 2018
51
27
That's a little bit thin.

Does the joint bank account evidence you provided cover a full year?

Can you provide a joint lease or an affidavit from the landlord confirming you lived at the address together continuously for at least one full year?
No the bank statements is not covering the one full year. But I can get our landlord to write an affidavit showing that we stayed together for the one full year.
 

armoured

VIP Member
Feb 1, 2015
18,900
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No the bank statements is not covering the one full year. But I can get our landlord to write an affidavit showing that we stayed together for the one full year.
The strongest are formal, official documents with both or each of you separately at the same address, covering beginning, middle and end (if not currently living together). These should be documents that were issued at the time, NOT after the fact. (After the fact won't hurt but is much weaker). I would be concerned at this point - based only on what hyou've shared here - that you will not meet the test for common law (and hence eligibilty to be sponsored).

How long did you live together? How long ago did you stop living together? (Eg when did the sponsor return to Canada?)

Is the sponsor a PR or citizen? If a PR, when did the sponsor become a PR? Did the sponsor's application process overlap with the time you lived together?
 

scylla

VIP Member
Jun 8, 2010
97,673
23,383
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No the bank statements is not covering the one full year. But I can get our landlord to write an affidavit showing that we stayed together for the one full year.
The bank statements are only helpful if the cover a full year of cohabitation. Did you have the joint bank account for the full year you lived together?

I would definitely get the affidavit.

Can you find anything else? The evidence you have is definitely thin. The vacation stuff shows you are in a relationship but doesn't prove common law.
 
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Ponga

VIP Member
Oct 22, 2013
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Agree with @scylla and @armoured, as per usual.

Allow me to go into a bit of a rabbit hole:
IMHO, the banking statements are really only helpful if they show `activity' conducive to being together, such as ATM withdrawals near the home address, purchases at a local eatery, etc.

I would also think that local activity for each (separate account, versus a joint account) might be better since IRCC would see who was using the account.

I also agree that you should focus on more, substantial, proof that you have met the requirement to be deemed Common-Law.
 
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Roch6219

Star Member
Aug 4, 2018
51
27
The strongest are formal, official documents with both or each of you separately at the same address, covering beginning, middle and end (if not currently living together). These should be documents that were issued at the time, NOT after the fact. (After the fact won't hurt but is much weaker). I would be concerned at this point - based only on what hyou've shared here - that you will not meet the test for common law (and hence eligibilty to be sponsored).

How long did you live together? How long ago did you stop living together? (Eg when did the sponsor return to Canada?)

Is the sponsor a PR or citizen? If a PR, when did the sponsor become a PR? Did the sponsor's application process overlap with the time you lived together?
We lived together in Canada for more than a year. I submitted my PR application inland and requested the file to be treated as Outland. It is about 6 months now as we are living séparatly. The sponsor is a Canadian citizen.
 

Roch6219

Star Member
Aug 4, 2018
51
27
Agree with @scylla and @armoured, as per usual.

Allow me to go into a bit of a rabbit hole:
IMHO, the banking statements are really only helpful if they show `activity' conducive to being together, such as ATM withdrawals near the home address, purchases at a local eatery, etc.

I would also think that local activity for each (separate account, versus a joint account) might be better since IRCC would see who was using the account.

I also agree that you should focus on more, substantial, proof that you have met the requirement to be deemed Common-Law.
On top of the documents I said I provided already I can request our landlord to make an affidavit to show we lived together for a full year. Besides that I don’t have any other proof to present.
 

Ponga

VIP Member
Oct 22, 2013
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On top of the documents I said I provided already I can request our landlord to make an affidavit to show we lived together for a full year. Besides that I don’t have any other proof to present.
Might not be enough, IMHO, but I wish you good luck!

Oh...if you submitted an Inland application, how/why is IRCC processing it as an Outland application? Did you have to reapply with an Outland application?
 

armoured

VIP Member
Feb 1, 2015
18,900
10,004
On top of the documents I said I provided already I can request our landlord to make an affidavit to show we lived together for a full year. Besides that I don’t have any other proof to present.
Is there some reason you did not get married / can you get married now?
 

armoured

VIP Member
Feb 1, 2015
18,900
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Please can someone help here. If I am illegal or undocumented in a country outside Canada, can I still apply for canadian family class sponsorship while in that country. Your input will be greatly appreciated.
...
We lived together in Canada for more than a year. I submitted my PR application inland and requested the file to be treated as Outland. It is about 6 months now as we are living séparatly. The sponsor is a Canadian citizen.
So let me get this straight - you were living in Canada, seemingly legally or at least on a visitor status (with extensions), and then you decided to return to the place where you are illegal/undocumented? Were you illegal/undocumented there to begin with? Did you have trouble returning? Why didn't you just stay in Canada (where you could have remained without it being unusual)?

Also - you lived together in Canada 'more than a year.' How much more than a year? (Longer is better and raises less questions about it being for immigration purposes).

It is sounding stranger and stranger.

Anyway, to return, by all means provide whatever additional you can to IRCC about your cohabitation, and sooner, rather than later.

I'm at the point of saying that if there's anything more unusual about this case then I would suggest seeing a lawyer and telling them the complete story and getting advice.
 

armoured

VIP Member
Feb 1, 2015
18,900
10,004
Oh...if you submitted an Inland application, how/why is IRCC processing it as an Outland application? Did you have to reapply with an Outland application?
It actually is an option when submitting from within Canada to request that it be processed as an outside Canada application. It's an official thing. It removes some risk for those that need to travel (if an applicant on an ilnland app is not re-admitted to Canada, the application is cancelled and cannot be appealed), amongst other reasons.
 
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Ponga

VIP Member
Oct 22, 2013
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It actually is an option when submitting from within Canada to request that it be processed as an outside Canada application. It's an official thing. It removes some risk for those that need to travel (if an applicant on an ilnland app is not re-admitted to Canada, the application is cancelled and cannot be appealed), amongst other reasons.
Good to know. Thanks!
 
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citizenshipcanada

Hero Member
Sep 1, 2011
380
104
The spouse lives in Canada. And I have submitted my application online and in Canada already. Medical done already in an undocumented country.
you applied, and medical was done ?... trying to follow the flow of the application as per your notes .( and when did you apply online )