Sponsorship/Permanent Resident Application Help

[Bentley]

I am a Canadian citizen living in Vancouver. My conjural partner is from Mexico and she has been staying here with me for the majority of the previous year on her temporary visitor visa/temporary resident status. On her last entry back into Canada, they found some evidence of employment on her phone (She had helped my uncle run the time clock for his beer league hockey) and was refused entry and issued form 5480(12-2012) and Imm1282 (06-2014) . This was a devastating event, she had her mom with her and they were coming to stay with me for Christmas. I had planned to propose to her while her mom was here. Now im stuck trying to figure out how this is going to affect our current applications that are in progress, and wondering if she can re-enter Canada again. Do I need to re-submit a new sponsorship/PR application outbound if she has to stay in Mexico? How will this affect the work permit application? Do I need to notify CIC of her address being back in Mexico now? I'm so confused, frustrated and sad. I feel like I cant get answers from anyone , I'm really hoping someone on this forum will have some insight for me. Any info will be so appreciated.

Thankyou

 

[scylla]

Your question isn't entirely clear. Had you already submitted an inland application to sponsor her?

 

[Bentley]

Yes we have. We received a response and it has just started processing. So it looks we have to wait another 27 months?

 

[kiwi01]

Yes we have. We received a response and it has just started processing. So it looks we have to wait another 27 months?

So did you file the inland application and then the applicant was denied entry to Canada? I would have thought the application was no longer valid after that as she is no longer residing in Canada

 

[Bentley]

The Customs officer informed her that the refusal would not affect her application status. I'm at the point of just re-submitting an outland application. Do we have to cancel the work application or can we continue with that?

 

[Ponga]

I'm also confused.

Did you originally submit an Inland application, since that is the only way that she could have been eligible for an OWP?

Or, did you submit an Outland application? If you DID submit an Inland application...it's toast now, because she must be IN Canada during the process.

Either way, if you had submitted a conjugal partner application, but she was in Canada, I don't see how that would be approved.

Last question: When she was refused entry into Canada, was she also issued an Exclusion Order? It doesn't sound like she was, since IMM 1282 is an `Allowed to Leave' form.

 

[Bentley]

Sorry for the confusion. Yes we originally submitted an inland application. She is on a multiple entry V-1 visa until Jan 1 , 2017.
She has been returning to Mexico every 6 months to visit family and then returning. This time she was turned around . Does that mean our application is toast like you are saying? No they didn't issue her an exclusion order. They said she could try again but it would be up to the customs officer. What is the best option? Have her come back and continue with the inland application as it is now processing?

 

[Ponga]

Since she has proven that she is able to be with you, in Canada...how do you expect a conjugal partner sponsorship application to be approved?
The conjugal sponsorship is for those that cannot be together (in the same country).

To answer your question...the Inland application is now in jeopardy because she is not in Canada, but...again...it may be a moot point.

 

[Bentley]

I thought a conjugal relationship meant less than one year, which was the case when we first applied. I didn't realize it had anything to do with living together or not. Can we need submit a status change in our relationship to common law as we have been together for over a year now.

 

[scylla]

I thought a conjugal relationship meant less than one year, which was the case when we first applied. I didn't realize it had anything to do with living together or not. Can we need submit a status change in our relationship to common law as we have been together for over a year now.

You can't change the application once it's been submitted. You need to withdraw the application and submit a brand new one as common law. You definitely don't qualify under conjugal. So there's no point continuing with your inland application - it's going to be refused.

When you resubmit - apply outland.

 

[Rob_TO]

I am a Canadian citizen living in Vancouver. My conjural partner is from Mexico and she has been staying here with me for the majority of the previous year on her temporary visitor visa/temporary resident status. On her last entry back into Canada, they found some evidence of employment on her phone (She had helped my uncle run the time clock for his beer league hockey) and was refused entry and issued form 5480(12-2012) and Imm1282 (06-2014) . This was a devastating event, she had her mom with her and they were coming to stay with me for Christmas. I had planned to propose to her while her mom was here. Now im stuck trying to figure out how this is going to affect our current applications that are in progress, and wondering if she can re-enter Canada again. Do I need to re-submit a new sponsorship/PR application outbound if she has to stay in Mexico? How will this affect the work permit application? Do I need to notify CIC of her address being back in Mexico now? I'm so confused, frustrated and sad. I feel like I cant get answers from anyone , I'm really hoping someone on this forum will have some insight for me. Any info will be so appreciated.

Thankyou

You seem to have 2 issues here with your inland app.
1. Seems you applied as conjugal partners. Of course with no barrier to becoming common-law or getting married, your conjugal app was sure to fail anyways. Inland apps must be common-law or married at the time they are submitted.
2. A condition of an inland app is that sponsor and applicant are living together IN CANADA during the entire processing time. So now that she has been denied entry and is no longer residing in Canada, it's just a matter of time before CIC finds out and simply cancels the inland app.

Instead of waiting however months it will take for them to cancel your app, you should be proactive and simply cancel it on your own, and immediately submit an OUTLAND common-law app (which will be processed in the Mexico office). You will need to gather all necessary documents and fill out the entire application forms from scratch. Hopefully you have lots of evidence that shows you lived toegher at least 12 continuous months. Outland package is here: http://www.cic.gc.ca/english/information/applications/fc.asp

 

[Bentley]

I hear you Rob Thanks. Her tourist visa is still valid though so if she is granted entry into Canada and her next trip why would the inland visa be invalid? She is allowed to go home and visit her family from time to time is she not?

 

[Ponga]

I hear you Rob Thanks. Her tourist visa is still valid though so if she is granted entry into Canada and her next trip why would the inland visa be invalid? She is allowed to go home and visit her family from time to time is she not?

What do you mean by `inland visa'?

 

[Bentley]

I mean inland PR application.

 

[Ponga]

You mean after you get married, you will submit a Spousal sponsorship application...since you now know that a conjugal application is pointless?