Refused Common Law -- reapplying as married spouse

[commonlawing]

I have received the unfortunate news that my common law application was refused on the grounds that we did not have adequate proof of cohabitation. We tried our hardest to prove our case, but our year of cohabitation was more complicated than we initially realized (we lacked the proper proof like leases and utilities, because we were living a rather bohemian lifestyle) and we have no intention of appealing.

I received a notice of refusal two days ago, and because I was refused a work permit and lost legal status, I have instructed to leave immediately or face possible enforcement action.

I will return to the USA ASAP, within 30 days.

That said, during our application process we got married (hooray!). We will reapply as a married couple.

I want to apply as an in-land applicant again, as my partner, a Quebecer, is banned from the USA for 5 years, so it's critical we stay together in Canada.

I will have to leave Canada to reset my status and try to re-enter at the border. Any advice on this front?

I am working on getting a lawyer, but am yet to find one.

I have so many other questions, like does my Certificat de Selection still apply? It says it expires in 2021, so I shouldn't need another? Will I have to go through another background check, medical exam, etc.?

Am I kidding myself if I think I will be able to re-enter Canada and apply in-land again after technically losing my legal status?

I guess I imagine this thread being not just for my case, but as a general place to help people in similar situations.

Any insights would be greatly appreciated.

 

[k.h.p.]

I don't know about the CSQ.

As for re-entering Canada - I'd encourage you to take some time in the US to re-establish ties. Your name will be flagged as an overstay risk. While it's a very slight chance that you will actually be prohibited from entering Canada (at a land border, an airport may be different), the CBSA will be aware that you have applied and been refused in the past, and that you have overstayed. This increases risk of a denial of entry.

When you leave the country, ensure that you bring the circumstances of you leaving to the attention of the CBSA, whether it be through an airport or at a land border crossing. If you don't do this, it becomes harder to prove you actually left in accordance with the departure order. When you get the form after that, you can review it to see if there are further impacts of your refusal and departure from Canada.

 

[Longroadtoimmigration]

Would you want to look into applying outland? it may be faster

 

[k.h.p.]

Would you want to look into applying outland? it may be faster

Indeed, many people are getting this in 6-8 months.

 

[commonlawing]

Indeed, many people are getting this in 6-8 months.

Thanks so much for your replies. Very helpful so far.

Having overstayed in the past does give rise to some fears for me. If I did apply outland, is it easy to visit my partner while the process is ongoing? Would it be easy to come and go so long as I have proof of employment or some such thing in the USA?

Thanks again.

 

[k.h.p.]

Thanks so much for your replies. Very helpful so far.

Having overstayed in the past does give rise to some fears for me. If I did apply outland, is it easy to visit my partner while the process is ongoing? Would it be easy to come and go so long as I have proof of employment or some such thing in the USA?

Thanks again.

Inland or outland doesn't determine anything here. The question is whether or not your overstay would make you a risk to overstay again, in the eyes of the CBSA. Add in a spouse and a failed sponsorship attempt, and it starts to be a little concerning. While US citizens have the easiest time of anyone getting into Canada, your case is in the narrow band of complicated ones now.

Essentially, if you went to the border and they let you in without any hassle, you'd probably be able to come and go. You could do inland or outland. However, if you go to the border and they don't let you in, your only choice is outland and they probably will continue to deny you entry. It is subjective, and it's a decision for the CBSA officer to make each time.

The unknown right now is what the CBSA will think of your case. And it's hard to predict. Balance of probabilities says you'll probably be allowed back in if you spend some time in the US re-establishing yourself (don't leave Canada and then turn around and try to come back immediately), but you may get extra scrutiny, a visitor record, a shortened admission less than six months, denied entry, or nothing at all.

 

[scylla]

Thanks so much for your replies. Very helpful so far.

Having overstayed in the past does give rise to some fears for me. If I did apply outland, is it easy to visit my partner while the process is ongoing? Would it be easy to come and go so long as I have proof of employment or some such thing in the USA?

Thanks again.

If I'm not mistaken, you've been in Canada without status for the better part of a year. Is that right? If so, what happens at the border is really a dice roll. You've been here quite a long time without authorization which isn't good. Best option would be to remain in the U.S. for a number of months before attempting to return. I agree that an outland application may make a lot more sense rather than returning to the U.S. for a number of months and then attempting to return in the hopes of being able to file another inland application.

 

[Copingwithlife]

Thanks so much for your replies. Very helpful so far.

Having overstayed in the past does give rise to some fears for me. If I did apply outland, is it easy to visit my partner while the process is ongoing? Would it be easy to come and go so long as I have proof of employment or some such thing in the USA?

Thanks again.

You’ve been asked to leave , not hop across the border then make a u-turn to try to reset your 6 months . That could , not saying it would , look like you’re trying to game the system. Depends upon the officer at the POE, they’d have access to all your immigration history .If it was as easy as that , Canada would of just approved another stay in Canada of six months or whatever to get your commonlaw papers in order . They didn’t. Americans have it easier then most nationalities when it comes to certain aspects of immigration, but as mentioned above, you’ve had no status for better part of a year. Just as in a foreigner being without status in the States, sooner or later the Government says it’s time to go home .

 

[commonlawing]

All of your comments are heard loud and clear.

I did lose my status about a year ago. I have remained in Canada per the advice of a PM and a lawyer, as my PR application being open made it okay. Now that it's closed, every day I remain is a demerit as far as I can tell.

It seems that staying in the USA for ~3 months (to get a job, re-establish ties, etc.) is very important if I am to confidently return to Canada in the future to visit my wife.

If I'm going to be home for that long, I may as well just start my outland application now.

The risks associated with crossing back into Canada after only a couple of weeks seem too significant to ignore. It would be nightmarish if I ended up in a situation wherein I couldn't see my partner for an entire year. I know we'd make it through, but why risk it?

I plan on consulting a lawyer to tighten up this plan, but for now I think it's clear what must be done. Thanks again.

Is applying outland, in terms of the paperwork load, essentially the same? It might be even easier as I won't be applying for a work permit, right?

 

[k.h.p.]

You won't have the burden of completing the OWP application.