Mariage certificate still not received..should I try common law sponsorship instead ? Implied status

[Queenlatifa]

Hello there!
Pls help french married to Canadian man .
Got married in June 2018 in Canada , hoping to send a spousal sponsorship before the end of my working holiday in September . Unfortunately , 4 moths after , still no certificate and we learned today that we could have applied end of August as common in law as it was one year anniversary living together in Canada ( thanks useless lawyer !)

As my working holiday visa ended in Sep ( sent a renewal to buy time but certificate still Not received so am implied status now ) , should I simply try to apply for a common in law sponsorship Inland with a restoration fee attached and a letter explaining my situation?Not sure it’s a good idea to wait to be out of status.

Or should I go back to France and apply for a outland one ?

 

[monkeys89]

Apply for the restoration now. Wait a little bit longer for the marriage certificate (that's a ridiculously long time to wait for the certificate) before deciding to apply common law.

 

[canuck_in_uk]

Hello there!
Pls help french married to Canadian man .
Got married in June 2018 in Canada , hoping to send a spousal sponsorship before the end of my working holiday in September . Unfortunately , 4 moths after , still no certificate and we learned today that we could have applied end of August as common in law as it was one year anniversary living together in Canada ( thanks useless lawyer !)

As my working holiday visa ended in Sep ( sent a renewal to buy time but certificate still Not received so am implied status now ) , should I simply try to apply for a common in law sponsorship Inland with a restoration fee attached and a letter explaining my situation?Not sure it’s a good idea to wait to be out of status.

Or should I go back to France and apply for a outland one ?

You guys are legally married, so you can't apply as common-law. Have you followed up on the marriage certificate?

What do you mean by "sent a renewal"? Did you apply for a work permit extension when you didn't actually qualify for one? Are you still working?

 

[Queenlatifa]

You guys are legally married, so you can't apply as common-law. Have you followed up on the marriage certificate?

What do you mean by "sent a renewal"? Did you apply for a work permit extension when you didn't actually qualify for one? Are you still working?

We have been totally misinformed by our lawyer who didn’t even mentionned the common in law possibility ... She just advise to wait on the certificate and send a renewal /extension visa in the meantime . we got the bitter news today. Anyway it was a genuine marriage for love! So am focusing on a solution !

We have followed up , yes and the city hall advised today that it can takes until december because of the strikes?!!
That they opened a ticket and that delays happened .

I spoke to my work and I am allowed to work remotely from France so I am thinking just leave and apply Outland which mean being separated during the process ( he can’t leave the flat and work)

I am not sure that sending a letter explaining all of this will get me a status restored. Tomorrow it will be 2 months that my visa is expired and I don’t want to ruin my possible futur possible sponsorahip by showing a out of status flag ( I do believe after 90 days?)

 

[Queenlatifa]

Apply for the restoration now. Wait a little bit longer for the marriage certificate (that's a ridiculously long time to wait for the certificate) before deciding to apply common law.

Regarding the restoration , is is true that I have to wait the letter back saying my extension has been denied or may I apply just now explaining that we are still waiting for the certificate?
Read it can take 3 months to have an answer .
I just realized that there is no implied after a IEC so technically I have 30 days to restore my status

 

[canuck_in_uk]

We have been totally misinformed by our lawyer who didn’t even mentionned the common in law possibility ... She just advise to wait on the certificate and send a renewal /extension visa in the meantime . we got the bitter news today. Anyway it was a genuine marriage for love! So am focusing on a solution !

We have followed up , yes and the city hall advised today that it can takes until december because of the strikes?!!
That they opened a ticket and that delays happened .

I spoke to my work and I am allowed to work remotely from France so I am thinking just leave and apply Outland which mean being separated during the process ( he can’t leave the flat and work)

I am not sure that sending a letter explaining all of this will get me a status restored. Tomorrow it will be 2 months that my visa is expired and I don’t want to ruin my possible futur possible sponsorahip by showing a out of status flag ( I do believe after 90 days?)

Regarding the restoration , is is true that I have to wait the letter back saying my extension has been denied or may I apply just now explaining that we are still waiting for the certificate?
Read it can take 3 months to have an answer .
I just realized that there is no implied after a IEC so technically I have 30 days to restore my status

Again, what did you actually apply for?

There is Implied Status after an IEC but not as a worker. You can't apply for Restoration when you have status.

 

[zardoz]

We have been totally misinformed by our lawyer who didn’t even mentionned the common in law possibility ... She just advise to wait on the certificate and send a renewal /extension visa in the meantime . we got the bitter news today. Anyway it was a genuine marriage for love! So am focusing on a solution !

We have followed up , yes and the city hall advised today that it can takes until december because of the strikes?!!
That they opened a ticket and that delays happened .

I spoke to my work and I am allowed to work remotely from France so I am thinking just leave and apply Outland which mean being separated during the process ( he can’t leave the flat and work)

I am not sure that sending a letter explaining all of this will get me a status restored. Tomorrow it will be 2 months that my visa is expired and I don’t want to ruin my possible futur possible sponsorahip by showing a out of status flag ( I do believe after 90 days?)

I suspect that your lawyer is correct. You are legally married, and therefore not eligible as "common-law". These are two completely different statuses and you can't just substitute one for the other at will.

 

[Queenlatifa]

Again, what did you actually apply for?

There is Implied Status after an IEC but not as a worker. You can't apply for Restoration when you have status.

Work extension ! So the implied status doesn’t work in my case. I didn’t receive the letter yet but it’s 100% sure that the extension request be denied with all the researches done the last few days .My eic expired in sept . I was thinking apply for restoration for visitor but I read we have 90 days to restore ? If so , i have only 30 days left ( I don’t work, took an unpaid leave )

 

[Queenlatifa]

Thank you . I will just keeping follow up the city hall then. Got married this June and still no certificate so we are stucked to send our spousal sponsorship!

I suspect that your lawyer is correct. You are legally married, and therefore not eligible as "common-law". These are two completely different statuses and you can't just substitute one for the other at will.

yo

 

[zardoz]

Thank you . I will just keeping follow up the city hall then. Got married this June and still no certificate so we are stucked to send our spousal sponsorship!

yo

The Canadian marriage certificate delivery is a joke. It was for exactly this reason that I married my Canadian wife in the UK instead of Canada. In the UK, your certificate(s) are prepared at the end of the ceremony and handed to you in person. (Yes, you can request multiple original copies).

 

[Queenlatifa]

The Canadian marriage certificate delivery is a joke. It was for exactly this reason that I married my Canadian wife in the UK instead of Canada. In the UK, your certificate(s) are prepared at the end of the ceremony and handed to you in person. (Yes, you can request multiple original copies).

Noooooo! We should have get married in Paris then ! So frustrating !!!!
I think my only option is to go home and apply from France . I don’t want to take the risk to ruin my future application. City hall said « call back in December « . I will be out of status in dec ! Argh !

 

[canuck_in_uk]

Noooooo! We should have get married in Paris then ! So frustrating !!!!
I think my only option is to go home and apply from France . I don’t want to take the risk to ruin my future application. City hall said « call back in December « . I will be out of status in dec ! Argh !

Where are you? It should not take that long to get a marriage certificate. Have you filed a complaint?

Not sure where you are getting December from. As you didn't qualify for a work permit extension, your app will likely be rejected as incomplete. When an app is rejected as incomplete, there was no Implied Status to begin with. You will be considered out of status as of your IEC expiry in September.

 

[Queenlatifa]

Toronto . I filed a complaint , yes .
So do you think it is too late for me to apply for a restoration?

 

[canuck_in_uk]

Toronto . I filed a complaint , yes .
So do you think it is too late for me to apply for a restoration?

Did you submit proof of your status issue? Others have gotten certificates processed urgently by doing that.

You can't apply for Restoration because you technically still have status. You can withdraw the work permit app and apply for Restoration as a visitor.