INLAND APPLICATIONS 2013

[screech339]

Note that if refused at the border, the officer really would need to have some sort of "good reason" to do so, as its impact on you is rather harsh. Note that a refusal at the border can be challenged in Federal Court and while I have only seen a handful of such challenges, I suspect the Court would be inclined to hear such a challenge if the officer didn't have good reason for a refusal, especially given the impact it would have on an applicant.

With that said, I've never heard anyone here directly report such a refusal and plenty of people report success. So yes, there is a risk. But it doesn't seem like a high risk. Some people's ability to handle risk is lower than others. That's why some people can never leave their house (even though statistically speaking home is a rather dangerous place).

Even though the BO must have a good reason to deny the applicant back, one good reason the agent can say is this: "the applicant did not comply with the rules of the inland sponsorship. If the applicant wanted to leave without repercussion to the application, the outland application suits this problem. There is a reason why we give applicants 2 choices. Otherwise the inland application is no different from outland process. We can do away with the inland process and only offer outland applications only".

Screech339

 

[computergeek]

Even though the BO must have a good reason to deny the applicant back, one good reason the agent can say is this: "the applicant did not comply with the rules of the inland sponsorship. If the applicant wanted to leave without repercussion to the application, the outland application suits this problem. There is a reason why we give applicants 2 choices. Otherwise the inland application is no different from outland process. We can do away with the inland process and only offer outland applications only".

That would not be sufficient. The statutory requirement is that the applicant must be living in Canada with the sponsor. Interpreting this as requiring the application remain in Canada is not a reasonable interpretation of the statute.

Think of it another way: a PR sponsoring a spouse from outside Canada can travel to "visit" the spouse during the process. A 2-3 week trip is not considered to be abandonment of residence in Canada. Apply the same logic to the AIP holder, since it's a comparable situation.

CBSA officers have broad discretion, but they actually don't refuse that many people (I saw the number once. I think it was 0.05% of people are refused at the POE but that's from memory).

 

[RRSweet]

Even though the BO must have a good reason to deny the applicant back, one good reason the agent can say is this: "the applicant did not comply with the rules of the inland sponsorship. If the applicant wanted to leave without repercussion to the application, the outland application suits this problem. There is a reason why we give applicants 2 choices. Otherwise the inland application is no different from outland process. We can do away with the inland process and only offer outland applications only".

Screech339

I am the sponsor of my husband who is from a visa-exempt country (The Bahamas). We submitted our application in July. Unfortunately, we received news that his father has passed. We are leaving for the Bahamas tomorrow to attend the funeral next week. I have printed all of our documentation, AOR showing that we have an inland application in processing and we are bringing back a death certificate as well. I cannot imagine any human being denying my husband for flying home for his father's funeral. We would not leave if we did not have to, but this is a death of an immediate family member. Anyhow guys, we hope and pray all goes well.

 

[Tuesdayc]

Hi, just wanted to see if anyone has an idea on how long CIC will take to send the medical form after AIP? I am still waiting for it after 2 weeks, and the doctor cannot do the medical without it. Sigh...

 

[seanbeck1]

Okay, I need some advice. Good news and bad news for me today. My girlfriend got an email today saying that she meets the requirements to sponsor me. I got an email saying that I have to provide further information regarding our common law partnership. Here is exactly what it said:

This letter refers to your application for permanent residence under the Spouse or Common-law
Partner in Canada class.
In order to continue processing your application in Canada, further information is required. You
must complete/submit the following to the Case Processing Centre:
You did not provide sufficient evidence that you are a common-law partner (cohabitating for a
period of at least one year at time of application). Acceptable documentation includes:
declaration of common-law relationship, evidence of joint bank, trust, credit union or charge card
accounts; jointly signed residential lease, mortgage or purchase agreement, insurance and/or
beneficiary forms. This documentation must provide evidence dated at least one year
prior to the date of your application. Other supporting documentation such as statutory
declarations of individuals with personal knowledge that your relationship is genuine and
continuing may be considered. Please do not send any electronic media items, such as CDs,
DVDs, or VHS tapes
The information requested above must be received at this office by April 10, 2014. If these
items are not received, your application for permanent residence may be refused and no further
consideration will be given to your request for permanent residence unless a new application,
including fees, is submitted.

At the time we didn't share any bank accounts. We were just living together. To cut a story short, I grew up living with my brother in a house that he owned. When I realized that the relationship with my girlfriend was serious, she moved in with me and my brother in September 2011. There is obviously no tenancy agreement as I was living with family. I filed my app for PR in March 2013. Would it be a good idea to contact my brother back in the UK and ask him now to write up a lease which I will get my GF to sign with the date she moved in? Or would it be better to simply ask my brother to provide a letter stating the circumstances that he was the owner and that me and my GF lived with him?

Help much appreciated!!!

 

[Linomo]

I am being sponsored by my spouse I moved from the states to Canada and i am currently residing in Canada. I have my medical exam tomorrow morning I just spoke with the receptionist she stated that I need to bring a Biodata form after speaking with my lawyer I was adv that I did not have to being anything other then my passport. I called back to the doctors office the same receptionist picked up and stated the same thing. I advised her what my lawyer said and she transferred me to another person who told me all i had to bring was my passport she even said I dont need to bring Appendix C.

Do I need anything other then my passport?

 

[Tuesdayc]

Im leaving next month to thailand for our much needed honey moon and vacation for 3 weeks. I have a TRV and PGWP and a full time job in canada. Will report then but I dont see any problems entering in again

I never had problems leaving and re-entering with a PGWP previously. So, no worries!

 

[Tuesdayc]

I am being sponsored by my spouse I moved from the states to Canada and i am currently residing in Canada. I have my medical exam tomorrow morning I just spoke with the receptionist she stated that I need to bring a Biodata form after speaking with my lawyer I was adv that I did not have to being anything other then my passport. I called back to the doctors office the same receptionist picked up and stated the same thing. I advised her what my lawyer said and she transferred me to another person who told me all i had to bring was my passport she even said I dont need to bring Appendix C.

Do I need anything other then my passport?

Mine told me to email her the form from CIC such that the medical results can be filed electronically. I am guessing that is the Biodata form? I am still waiting on it after my AIP from Dec 27, 2013. Let me know how the medical goes. I am so confused on the documents too.

 

[shyla36]

I am being sponsored by my spouse I moved from the states to Canada and i am currently residing in Canada. I have my medical exam tomorrow morning I just spoke with the receptionist she stated that I need to bring a Biodata form after speaking with my lawyer I was adv that I did not have to being anything other then my passport. I called back to the doctors office the same receptionist picked up and stated the same thing. I advised her what my lawyer said and she transferred me to another person who told me all i had to bring was my passport she even said I dont need to bring Appendix C.

Do I need anything other then my passport?

If this is an upfront medical, then youre correct, you only need to bring your passport. They will take your photo there.

 

[Linomo]

If this is an upfront medical, then youre correct, you only need to bring your passport. They will take your photo there.

Please tell me what upfront medical means I saw those words on the CIC website as well

 

[danib]

Hi, just wanted to see if anyone has an idea on how long CIC will take to send the medical form after AIP? I am still waiting for it after 2 weeks, and the doctor cannot do the medical without it. Sigh...

CIC sent me the medical report form at the same day AIP. Did you call them?

 

[JLynn1987]

Speaking of medicals, I didn't submit mine originally, but I've since decided to send it before they ask for it to hopefully speed things up. I received AOR on June 24, and my medical is scheduled for February 3rd. Considering the pace at which CIC is processing applications, do you think this is enough time for the results to be received before I get AIP? I'm not sure how long it will take for the medical results to be sent/processed/received, and I don't want to have to do it over if it's on the 'upfront medical' form and they want it on a different form!

Any input would be much appreciated!

 

[ishy]

Okay, I need some advice. Good news and bad news for me today. My girlfriend got an email today saying that she meets the requirements to sponsor me. I got an email saying that I have to provide further information regarding our common law partnership. Here is exactly what it said:

This letter refers to your application for permanent residence under the Spouse or Common-law
Partner in Canada class.
In order to continue processing your application in Canada, further information is required. You
must complete/submit the following to the Case Processing Centre:
You did not provide sufficient evidence that you are a common-law partner (cohabitating for a
period of at least one year at time of application). Acceptable documentation includes:
declaration of common-law relationship, evidence of joint bank, trust, credit union or charge card
accounts; jointly signed residential lease, mortgage or purchase agreement, insurance and/or
beneficiary forms. This documentation must provide evidence dated at least one year
prior to the date of your application. Other supporting documentation such as statutory
declarations of individuals with personal knowledge that your relationship is genuine and
continuing may be considered. Please do not send any electronic media items, such as CDs,
DVDs, or VHS tapes
The information requested above must be received at this office by April 10, 2014. If these
items are not received, your application for permanent residence may be refused and no further
consideration will be given to your request for permanent residence unless a new application,
including fees, is submitted.

At the time we didn't share any bank accounts. We were just living together. To cut a story short, I grew up living with my brother in a house that he owned. When I realized that the relationship with my girlfriend was serious, she moved in with me and my brother in September 2011. There is obviously no tenancy agreement as I was living with family. I filed my app for PR in March 2013. Would it be a good idea to contact my brother back in the UK and ask him now to write up a lease which I will get my GF to sign with the date she moved in? Or would it be better to simply ask my brother to provide a letter stating the circumstances that he was the owner and that me and my GF lived with him?

Help much appreciated!!!

I had a slight similar situation as you since we didn't even know we qualify as common law by living together for one year. It seems like they just want proof of cohabitation of at least one year prior to you application(assuming you have other documents to support the relationship itself). We had just moved to a new apartment from a shared house while doing our undergrad, and threw out the lease. What we did was made a letter stating the time period when lived at our old house and had the landlord sign it. We included mail/bills that was delivered to that old address to support the landlord's letter. We also included the new lease (10 months) with both our names. Since we are students, we did not have joint bank accounts/wills/or any insurance beneficery. The two statuary declarants we used was my childhood friend and a schoolmate/housemate who lived with us at the old address.

Hope that helps.

 

[Ponga]

I agree with ishy; Have your brother write something attesting to the fact that you both lived there from (when-to-when).

Having him create a false lease, which you said your GF would sign, seems like a very bad idea...as it would be totally dishonest.

Good luck!

 

[danib]

Speaking of medicals, I didn't submit mine originally, but I've since decided to send it before they ask for it to hopefully speed things up. I received AOR on June 24, and my medical is scheduled for February 3rd. Considering the pace at which CIC is processing applications, do you think this is enough time for the results to be received before I get AIP? I'm not sure how long it will take for the medical results to be sent/processed/received, and I don't want to have to do it over if it's on the 'upfront medical' form and they want it on a different form!

Any input would be much appreciated!

In my case it took 10 days to CIC get the results and update my e-cas.