Sponsorship application after deportation

[Cmills]

Hello,

I'm a Canadian citizen who wishes to marry my girlfriend of a year and sponsor her. I am 18 living in Canada. My soon to be wife is in Peru. She lived in Canada undergoing a Refugee Claim with her family because she was underage when she came to Canada from the US. Her family's claim was denied and a huge error from their lawyer caused for the family to not receive the notice and receive a deportation order to leave Canada. Her CIC official told her that since she was underage coming into the process she was
More likely to get a study permit and an ARC to come back. She's been gone since January now she did her process and was denied for both. We had spoken about marriage before she left and we both agreed it was a very good option, now that she has been denied her return to Canada i am positive that this is what we both want to do. I'm currently working a full time for the summer and studying and i would like some guidance as to how to go about the process. I'm sure people in this forum.. Fellow canadians, know how it feels to have to be apart from your loved one and i want her with me as soon as possible.

 

[scylla]

In order to sponsor her you must either be married or common law. Common law means that you have lived together for a minimum of one full year at a shared address and can prove it. Since she is having difficult returning to Canada, you will have to travel to Peru to either marry her or live with her in Peru for a year to qualify to sponsor her as your common law spouse.

Once you meet one of these requirements, you will apply for her using the inland / out of Canada process for spousal sponsorship. The ARC will be automatically processed as part of this application.

Since she is a failed refugee claimant you can expect that her file will probably be examined more closely than usual - so you should include as much evidence as possible to substantiate that your relationship is genuine.

 

[Cmills]

In order to sponsor her you must either be married or common law. Common law means that you have lived together for a minimum of one full year at a shared address and can prove it. Since she is having difficult returning to Canada, you will have to travel to Peru to either marry her or live with her in Peru for a year to qualify to sponsor her as your common law spouse.

Once you meet one of these requirements, you will apply for her using the inland / out of Canada process for spousal sponsorship. The ARC will be automatically processed as part of this application.

Since she is a failed refugee claimant you can expect that her file will probably be examined more closely than usual - so you should include as much evidence as possible to substantiate that your relationship is genuine.

Thank you so much for the quick response,

I am currently making plans to travel there to get married and have a small ceremony and finally see her after some time . We both know that my education is important and we both wish that i do not leave that behind which is why we would like to do marriage as opposed to common law.

Where do i apply for the inland process for spousal sponsorship?
What determines if she gets the ARC or not ? since the reason stated on her denial of the study permit and ARC was only because the officer was not convinced that she would leave at the end of her visa.

Be examined more closely in what sense and what can we do to show them how genuine our relationship is? Like i mentioned before she is a failed refugee applicant but that was because she came underage and had to be included in her family's claim.

 

[QuebecOkie]

If she cannot come to Canada, you will be filing an outland application. The forms can be found here: http://www.cic.gc.ca/english/information/applications/fc.asp.

 

[scylla]

Where do i apply for the inland process for spousal sponsorship?
What determines if she gets the ARC or not ? since the reason stated on her denial of the study permit and ARC was only because the officer was not convinced that she would leave at the end of her visa.

Be examined more closely in what sense and what can we do to show them how genuine our relationship is? Like i mentioned before she is a failed refugee applicant but that was because she came underage and had to be included in her family's claim.

You won't be able to apply inland since she can't come to Canada. Outland will be your only option. There's usually no issue having an ARC approved when it is processed along with a spousal sponsorship appliction. However you should expect that it will add a few months to your overall processing time.

Proof that your marriage and relationship is genuine must be included with every application - but need to be strong where failed refugee cases are involved (and yes - I know she was a minor). Proof your relationship is genuine can come in many forms: photos, communications, shared bills, shared credit cards, share bank accounts, naming each other in insurance policies, shared property or other assets, wedding bills, photos from the wedding / reception, proof of trips / travel to see each other or with each other, letters from family / friends, etc.

 

[Cmills]

You won't be able to apply inland since she can't come to Canada. Outland will be your only option. There's usually no issue having an ARC approved when it is processed along with a spousal sponsorship appliction. However you should expect that it will add a few months to your overall processing time.

Proof that your marriage and relationship is genuine must be included with every application - but need to be strong where failed refugee cases are involved (and yes - I know she was a minor). Proof your relationship is genuine can come in many forms: photos, communications, shared bills, shared credit cards, share bank accounts, naming each other in insurance policies, shared property or other assets, wedding bills, photos from the wedding / reception, proof of trips / travel to see each other or with each other, letters from family / friends, etc.

Right, I had meant Outland in the first place, now what are the pros and cons to outland just to be aware of given that it is our only option. That is good news to hear, that's my biggest concern for the application.

I can gather a lot of proof to show that our relationship is genuine such as photos, communications, etc. however because of our age and the fact that she's not here we don't have things like shared property .. Would that affect us greatly in showing how genuine the relationship is?

Another concern of mine is if it makes a difference that I will be applying for a spousal sponsorship after her study permit was denied? I guess that just means we have to have strong proof of our genuine relationship..

She's not running from her country, is this something we should include in the application? I feel like that would make her more credible as well as our relationship if she can proof that she faces no danger in Peru.

Thank you for your help scylla, you're really making me feel better about my chances of an approval for this sponsorship!