Inland Application 2011

[lilizinha]

Hi Joheine,
sorry about hear that.
This doesn't seems right.
If you had your pappers you were fine to work and study.
I even got an extention of my study and work permits after I sent my application.
Hope somebody have some knowlodge about what to do.
The only think I know is you can't appeal if you aplied inside. (I think I read that on the CIC Guide)
So your only option would be apply again outside.
I hope I'm wrong and you can get appleal or something else.
That's is really strange.
Sorry again
and good luck

 

[lilizinha]

OPs. just re-read what you post.. and actually the only way you can keep work is if you renew your pappers, so if you work without an extenion of work permit, that was iligal.
Once your permits expire and you dont get an extention you have an implied status (you can stay in canada but cant sudy/work and they say its not recomended leave the country.

Hi Joheine,
sorry about hear that.
This doesn't seems right.
If you had your pappers you were fine to work and study.
I even got an extention of my study and work permits after I sent my application.
Hope somebody have some knowlodge about what to do.
The only think I know is you can't appeal if you aplied inside. (I think I read that on the CIC Guide)
So your only option would be apply again outside.
I hope I'm wrong and you can get appleal or something else.
That's is really strange.
Sorry again
and good luck

 

[cililoca]

Hi,

my application has been refused today. I would like to know about my options.
The refusal really doesn't make any sense.

I was living on a work & travel visa together with my common-law partner starting Aug 29th 2010. I was told by the call centre that if I sent in the application for permanent residency at least one month before my working visa runs out, I can stay and work under the same conditions until I will get my permanent residency. I sent my application on 28th of July 2011.

Now Immigration Canada states that they refuse the application, because we only lived together for 11 month at the date of application. That said I have now lived together with my partner since Aug 29th 2010 which is way longer than the required 12 months. In my opinion this decision doesn't make any sense.

What can I do next? To me this sounds like a true nightmare and more like a mistake from a lazy employee. I mean we have been living together for almost two years now.

Of course I will contact the call centre tomorrow, but appreciate any advice on my options!

Thanks!

Unfortunately I have to tell you that they are right, you should have waited for your 12 months. Also to apply common law you need your common law papers signed by the public notary it's not only to live together for 12 months as far as I know. They are very clear in the CIC guide, to apply you have to be living together for at least 12 months to apply, not 11. You did not meet the criteria, doesn't matter if you did after you sent your application, you have to meet before you send it. They were not lazy in this case, I know it's hard but they did their job. I am the first to jump and criticize CIC but with the information you gave us so far it seems that it was your mistake and that is very unfortunate. The only option to do that without waiting that 12 months period is getting married.

CIC is very strict and rightly so, sometimes they do piss everybody off but I think that we also have to understand that rules are there and we have to accept them, painful as it is. My application is still in process and I would be devastated should it come rejected, we put a lot of time and effort into it. I am really sorry to hear what happened to you and I hope that you can find a better option for you and your partner. Next time make sure you check and double check everything, don't assume that if you are close to a date to meet a criteria that they will be o with that, they won't. Read the rules and follow by the letter, nothing less than that!

 

[joheine]

Thanks for your replies!

However, let me clarify a few things.

I have a signed common-law agreement and included it with the application.
I did not break a single law. With my implied status I was also allowed to keep my job. I know this for a fact. I sent my application one month early, because I was required to do so in order to gain implied status.

How else am I going to do it if I have a 12 month visa and have to apply at least one month early?

We have been living together for almost two years. So they deny it, because I sent it in 30 days too early?
This doesn't add up for me. If they want, they can delay the process for another 30 days and then grant me permanent residency.

I have followed all the other rules, sent police certificates, I did the medical test, etc.

This one month is going to break all my efforts? Seriously?

 

[computergeek]

This one month is going to break all my efforts? Seriously?

Seriously.

"A common-law relationship is fact-based and exists from the day in which two individuals
demonstrate that the relationship exists on the basis of the facts. The onus is on the applicants to
prove that they are in a conjugal relationship and that they are cohabiting, having so cohabited for
a period of at least one year, when the application is received at CPC-M."

Source: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf Section 5.34.

The visa officer's decision to refuse your application was, in fact, the correct one based upon the current guidelines.

You can reapply. At this point you may wish to pursue an inland application so you can remain in Canada while the application is being processed; alternatively you need to obtain a new work permit or convert to a visitor status.

Good luck!

 

[fhj1203]

Seriously.

"A common-law relationship is fact-based and exists from the day in which two individuals
demonstrate that the relationship exists on the basis of the facts. The onus is on the applicants to
prove that they are in a conjugal relationship and that they are cohabiting, having so cohabited for
a period of at least one year, when the application is received at CPC-M."

Source: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf Section 5.34.

The visa officer's decision to refuse your application was, in fact, the correct one based upon the current guidelines.

You can reapply. At this point you may wish to pursue an inland application so you can remain in Canada while the application is being processed; alternatively you need to obtain a new work permit or convert to a visitor status.

Good luck!

I thought there's no appeal for inland applications? just wondering..

 

[cililoca]

I thought there's no appeal for inland applications? just wondering..

No you can't appeal but you can reapply... which means you start everything fresh. You pay everything again too!!

 

[computergeek]

I thought there's no appeal for inland applications? just wondering..

The OP posted in multiple threads, so I'm not sure if the application was in the inland or outland category. However, the difference is that outland applications have a right to an IAD appeal. An inland application has the right to file for judicial review. The IAD appeals may consider H&C factors as well as legal/process issues, but the Court will only consider legal or process issues.

In any case, the decision was correct in law and is not likely to be overturned in court. An IAD appeal would take years - longer than simply refiling.

 

[cililoca]

How else am I going to do it if I have a 12 month visa and have to apply at least one month early?

The purpose of the visa as you said in your first post is work and travel, not work and live together with someone... They give you a visa to do one thing, if it wasn't enough time for you to prove your common law it's not really their business, it's your responsibility to send the papers meeting the criteria they determine. I came with a work and travel visa as well and had to stop working after my visa ran out ... I have been at home for nearly a year, it's hard but that's life. Things didn't work perfectly the way I wanted but I had to follow the guidelines. I am not saying you broke the law, but you did send a wrong application.

It looks like you will have to re-apply and most likely stop working now that is has been rejected, I suggest you let your employer know as soon as possible. You can apply inland and ask for a visitors visa, they won't give you another work permit unless you have a LMO. I've been through this, I got angry, frustrated and disappointed, but things will get sorted out. Have a talk with your partner and see what's the best option, maybe you can go back home and apply outland, it's way faster and you can work there while you wait. If you lived together for 2 years you will have a strong case and lots of proof!!

Talk to your partner, he/she is your best bet to help you figure out what to do, my husband is always very supportive and we go through all this shenanigans together, makes it all a bit easier.

Again, it really pains me to see your situation, I'm really sorry that it got rejected, I really can only imagine how difficult it may be for you, but you have options and it will get sorted out! Keep positive!!!

 

[StoneTable]

I called this morning -- I know I said I was going to wait until Friday but I couldn't help myself. Their phone system changed slightly. This time, I put in my client id number, it told me when my application was received and I had to press 0 to reach an agent, who told me I'm still in process but that I should hear something by the end of the month. 8)

 

[Cangaceiro]

Hi guys yesterday I received a letter with my AIP granted on June 14 , I hope the second stage dont take long because I sent everything in my application! ;D

 

[canadianwife43]

ive noticed that many of you r posting your AOR and AIP..i have went to the CIC website and all it says is that they recieved my app to sponser on Sept. 9,...nothing about starting processing , but i do see that they r way into late july, now if it just says " we received your applicatio to sponser' and thats it, does this mean they havent done anything to it yet? we made sure that everything on out checklist was there and we havent heard amything from them yet, how soon after recieving the app do they start processing?

 

[theinlander]

ive noticed that many of you r posting your AOR and AIP..i have went to the CIC website and all it says is that they recieved my app to sponser on Sept. 9,...nothing about starting processing , but i do see that they r way into late july, now if it just says " we received your applicatio to sponser' and thats it, does this mean they havent done anything to it yet? we made sure that everything on out checklist was there and we havent heard amything from them yet, how soon after recieving the app do they start processing?

Hi canadianwife43,

It depends on your province. For example, I am in Quebec, and here you receive your CSQ 6 months after CIC receives your app.

 

[canadianwife43]

im in ontario, and not sure what a CSQ is?, im just getting antsy and sooooo ready to work. i see they r very close to Sept. I know we r all in this together, im just looking for any encouragement. ;D

 

[Berber_amazigh]

hey guys am landing tomorrow !!
Wish me luck Thank you!!