Need help! common-law immigration application

[bruce2010]

I am an out of status common law immigration applicant. My partner has submitted the common-law "inland" application to sponsor me this February. My files are still in process at central CIC office, and I haven't got my AIP yet. After doing some research recently, I found out for most "out of status" cases, the file will likely to be transferred to local visa office and it will take a very long time to process because of the backlog.I am thinking about withdrawing the current application and submit an "out land" application. My questions are 1. How long after I submit the withdraw request, I can submit an "outland " application? 2. Are there any differences if I withdraw the currently application before or after my files being transferred to local via office? 3.My partner and I are thinking about getting married and submit an outland immigration application based on marriage. Will it be a faster and more straight forward case?

 

[matthewc]

You can withdraw the inland application at any time. I would suggest waiting, though. If you submitted in February, you should hear from CPC-V quite soon (in the next few weeks) as to whether you get "approval in principle" (good) or transfer to local CIC (bad).

If you get AIP, then you'll be able to apply for a work permit, and there's really no point withdrawing and re-submitting, as you'll likely be landed around the same time as you would be with an outland application, possibly sooner.

If you get transfer to local CIC, then yes - it may be a better option to withdraw. Note you'll likely lose the $550 sponsorship / PR processing fees and have to pay them again if you withdraw.

As long as you clearly qualify as common-law (plenty of proof you've lived together for a year continuously and are in a genuine relationship) getting married is unlikely to change anything in terms of you qualifying. If your common-law status is unclear, then absolutely it would mean you have a more straight forward case.

 

[bruce2010]

You can withdraw the inland application at any time. I would suggest waiting, though. If you submitted in February, you should hear from CPC-V quite soon (in the next few weeks) as to whether you get "approval in principle" (good) or transfer to local CIC (bad).

If you get AIP, then you'll be able to apply for a work permit, and there's really no point withdrawing and re-submitting, as you'll likely be landed around the same time as you would be with an outland application, possibly sooner.

If you get transfer to local CIC, then yes - it may be a better option to withdraw. Note you'll likely lose the $550 sponsorship / PR processing fees and have to pay them again if you withdraw.

As long as you clearly qualify as common-law (plenty of proof you've lived together for a year continuously and are in a genuine relationship) getting married is unlikely to change anything in terms of you qualifying. If your common-law status is unclear, then absolutely it would mean you have a more straight forward case.

Thank you Matthewc for the advice. My concern is if I withdraw after my file being transferred to local office and re-apply based on marriage, will it be seen as "marriage of convenience" in some way(withdrawing a difficult application based on common law and submit a more straight forward application based on marriage)? Thank you!

 

[matthewc]

I'd say that was unlikely, especially if you include the same evidence as before showing you've been living together and have a genuine relationship.

Wait and see first, though, CPC-V may approve you.