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INLAND APPLICATIONS 2014

chakrab

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Mar 8, 2013
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i understand that but this case was before 2012, so it can't be due to conditional PR. i believe this was a case of refugee claim denied and the applicant wasn't willing to go out of the country. why would a PR be flight risk even with conditional status? they can visit anywhere around Canada as long as their home address is same.

i found the case to be odd and not much to do with spousal PR status. but it definitely fits the bill for PRRA cases.
 

civic

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Mar 19, 2014
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chakrab said:
i understand that but this case was before 2012, so it can't be due to conditional PR. i believe this was a case of refugee claim denied and the applicant wasn't willing to go out of the country. why would a PR be flight risk even with conditional status? they can visit anywhere around Canada as long as their home address is same.

i found the case to be odd and not much to do with spousal PR status. but it definitely fits the bill for PRRA cases.
This is a spousal inland sponsorship. Following 2 interviews and CBSA home visits, the applicant, originally from China, was refused permanent residence and she brough it the court and the appeal was dismissed.
 

Jamesdavid3

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May 22, 2013
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civic said:
Have you guys heard of CBSA home visits to determine if spouses/common-law are actually cohabiting?

I found this records...


On August 9, 2011 (a Tuesday) the CBSA officers drove past both houses, there were no cars in either driveway and the Applicant's car was in a one-car garage at the Markham house.
The CBSA officers visited the Markham house and the Applicant let them in. They then questioned the Applicant about her husband's clothes and personal hygiene/grooming supplies. Concluding that the answers were unsatisfactory and that she might be a flight risk, the Applicant was arrested and held in detention for 11 days.

[8] The CBSA officers noted the following salient facts in relation to the home visit:
• The Applicant provided an address in Stouffville to the Ministry of Transportation and her Sponsor provided an address in Markham;
• Neither the Applicant nor the Sponsor's cars were present at either address around 05:00 hrs on August 9, 2011;
• At 10:43 hrs no one answered the door at the Stouffville address, but a dog was present;
• At 11:10 hrs the Applicant answered the door at the Markham address, but the Sponsor was not present;
• When asked to show the CBSA some of the Sponsor's clothing, the Applicant showed a men's coat, one shirt and one pair of pants, in a closet full of women's clothing;
• The ensuite bathroom's shower was recently used and there was a wet toothbrush; the Applicant's hair was still wet and she said the toothbrush was the Sponsor's;
• When asked to show the CBSA her own toothbrush, the Applicant could not find it, then said she shared a toothbrush with the Sponsor;
• When asked to show the Officer some of the Sponsor's socks and underwear, the Applicant had difficulty finding any of his clothing but eventually found a pair of socks from a storage bin she claimed was his; and
• The Applicant had two Ontario driver's licences with two addresses and could not explain why.


[9] The Applicant was later interviewed by a different CBSA officer following her arrest, this time with the assistance of a translator. The salient features of that interview were:
• The Applicant told the CBSA that the Sponsor left at 07:00 hrs but then stated he spent the night at his daughter's home, but stated she did not know where the daughter lived or what the daughter's name or phone number was;
• When asked how long her Sponsor had been living with the daughter, the Applicant stated it may have been a few nights a month but then changed her answer and said that the Sponsor would sometimes spend a few nights a week with his daughter;
• One of the CBSA officers phoned the Sponsor who alleged he left the house at 07:00 hrs that morning and spent the whole night before at home with the Applicant;
• When asked about his toiletries, the Sponsor claimed he kept them all with him in his car;
• When asked about his clothing, the Sponsor claimed they were kept in a different room in the house; and
• When the CBSA advised the Sponsor that they could not find any of his clothing at the house, the Sponsor changed his answer and told the CBSA that most of his clothing was at his daughter's house.
This is in no way true. Once you and your other half have PR status you can do as you wish, yes you have to remain a couple but sometimes you may have to live apart.
 

civic

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Mar 19, 2014
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Jamesdavid3 said:
This is in no way true. Once you and your other half have PR status you can do as you wish, yes you have to remain a couple but sometimes you may have to live apart.
This is a federal court record. Believe it or not is up to you, but it happened. I will try to find the link again.
 

Carlaganda23

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Jan 8, 2014
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civic said:
This is a federal court record. Believe it or not is up to you, but it happened. I will try to find the link again.
Why worry if your relationship/marriage is genuine???
These concerns shouldn't be an issue if you are being truthful in your application.
 

chakrab

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Mar 8, 2013
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civic said:
This is a spousal inland sponsorship. Following 2 interviews and CBSA home visits, the applicant, originally from China, was refused permanent residence and she brough it the court and the appeal was dismissed.
i don't understand why the applicant will be arrested for flight risk if this was a simple spousal inland application. flight risks are mostly applicable for refugee claimant or people who have been given departure orders and have overstayed their visa.
 

chakrab

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Mar 8, 2013
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here's the case
http://www.maxberger.ca/subcategories/cases/xuan-v-canada.php

the applicant came to canada in 2000 and was denied refugee claim. she later married a canadian and applied under spousal sponsorship. this is an unique case.
 

Carlaganda23

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Jan 8, 2014
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App. Filed.......
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AOR Received.
20-06-2014
Med's Done....
12-05-2015
LANDED..........
SA, AIP and DM May 21th, 2015 Landed: June 12, 2015
chakrab said:
i don't understand why the applicant will be arrested for flight risk if this was a simple spousal inland application. flight risks are mostly applicable for refugee claimant or people who have been given departure orders and have overstayed their visa.
I heard this case before Chakrab, the applicant is a Chinese National and applied for Spousal Inland Sponsorship. They had doubts with their application (short courtship/quick marriage)
I think they made a house visit and found out that they are not living together.
 

Ponga

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Oct 22, 2013
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Jamesdavid3 said:
This is in no way true. Once you and your other half have PR status you can do as you wish, yes you have to remain a couple but sometimes you may have to live apart.
You are SOOOOO wrong about this!

If you have a conditional PR, that requires you to continue to LIVE TOGETHER for 2 years AFTER receiving your PR, you better make sure that you DO...live together. The only possible exception would be for military service, or a job, but come on...CIC's not that stupid, to just hand someone a conditional PR and hope that they play by the rules. They have ways of finding out who's trying to beat the system.

I know you've posted questions about this before, so I suspect that this topic is of great concern for you...sorry, I mean, for your `friend'.
 

Carlaganda23

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Jan 8, 2014
590
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Halifax Nova Scotia
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
14-02-2014
AOR Received.
20-06-2014
Med's Done....
12-05-2015
LANDED..........
SA, AIP and DM May 21th, 2015 Landed: June 12, 2015
Ponga said:
You are SOOOOO wrong about this!

If you have a conditional PR, that requires you to continue to LIVE TOGETHER for 2 years AFTER receiving your PR, you better make sure that you DO...live together. The only possible exception would be for military service, or a job, but come on...CIC's not that stupid, to just hand someone a conditional PR and hope that they play by the rules. They have ways of finding out who's trying to beat the system.

I know you've posted questions about this before, so I suspect that this topic is of great concern for you...sorry, I mean, for your `friend'.
I agree on this Ponga :) you must live together for 2 yrs if you have Conditional PR. This rule was implemented because there are many cases of marriage fraud.
 

chakrab

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Mar 8, 2013
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Carlaganda23 said:
I heard this case before Chakrab, the applicant is a Chinese National and applied for Spousal Inland Sponsorship. They had doubts with their application (short courtship/quick marriage)
I think they made a house visit and found out that they are not living together.
there were major faux pas in the case. they claimed to be common law but submitted with different addresses on their driver's license, which on top didn't match their current residential address in the application. hence why the CBSA made a visit. it was one big mistake after another from the applicants.
 

Carlaganda23

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Jan 8, 2014
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Halifax Nova Scotia
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CPC-Mississauga
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App. Filed.......
14-02-2014
AOR Received.
20-06-2014
Med's Done....
12-05-2015
LANDED..........
SA, AIP and DM May 21th, 2015 Landed: June 12, 2015
chakrab said:
there were major faux pas in the case. they claimed to be common law but submitted with different addresses on their driver's license, which on top didn't match their current residential address in the application. hence why the CBSA made a visit. it was one big mistake after another from the applicants.
My drivers license was not updated so I didn't submit it. We moved to different address and my partners address was not updated either.

I guess it's case to case basis! If you are being truthful and honest on your application there's no reason you get freak out if you have Conditional PR or have an interview/house visit.
 

chakrab

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civic said:
This is a federal court record. Believe it or not is up to you, but it happened. I will try to find the link again.
sorry if my statements implied that you are wrong. i was rather commenting just on the incident and it's relevance on a spousal application. now that i have read the case, it is much more than a simple spousal sponsorship application. there were red flags right from the start.

so if you are wondering if the CBSA will come and visit applicants, i don't think you have much to worry. if you have applied as common-law and have given enough evidence to be truthfully one, there's no need to worry.
 

chakrab

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Mar 8, 2013
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Carlaganda23 said:
My drivers license was not updated so I didn't submit it. We moved to different address and my partners address was not updated either.

I guess it's case to case basis! If you are being truthful and honest on your application there's no reason you get freak out if you have Conditional PR or have an interview/house visit.
you guys should probably update the driver's license though eh. it's unlawful to keep old address beyond certain time span. that's regardless of any PR application.

the government can get your driver's license number anyway even without you providing them with one.
source: several police dramas on tv :p
 

Carlaganda23

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Jan 8, 2014
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Halifax Nova Scotia
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CPC-Mississauga
Job Offer........
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App. Filed.......
14-02-2014
AOR Received.
20-06-2014
Med's Done....
12-05-2015
LANDED..........
SA, AIP and DM May 21th, 2015 Landed: June 12, 2015
chakrab said:
sorry if my statements implied that you are wrong. i was rather commenting just on the incident and it's relevance on a spousal application. now that i have read the case, it is much more than a simple spousal sponsorship application. there were red flags right from the start.

so if you are wondering if the CBSA will come and visit applicants, i don't think you have much to worry. if you have applied as common-law and have given enough evidence to be truthfully one, there's no need to worry.
Yup! You are right Chakrab. I guess there are many people who got caught because of Marriage Fraud.