withdrawl and apply again under family class

[kansekita]

Good afternoon everybody,

everything started in 2008 when I came to Canada to visit my boyfriend who I met back in Mexico during his vacation. We the got married in 2009 and had a baby on 2010. The baby was born in Mexico but got dual citizenship right away. We returned to Canada in July 2011 and I submitted my application for PR in October 2011. It has been a rough way, we separated in Feb 2013, and until today we are not divorced yet. Immigration finally completed my application about a month ago. They contacted me, and gave me an appointment for my landed immigrant for April 16, 2015. I wasn't sure if I was still eligible for this sponsorship as we were separated, however I never notified CIC of our separation, because all documents only requested notice if there was circumstances such as divorce, adoption etc.. and like I mentioned we are still married. However, I contacted an immigration lawyer and he suggested I withdraw the application as we were no longer together and I was risking to get a refusal. I did withdraw the application, and now I am concerned about what is going to happen. I hold an Open Work Permit that I renewed last August and it is linked to my application. I wonder if they will cancel my permit and ask me to leave the country. I am really scared, and do not know what the future holds, as I don't have Sole custody of my child and I cannot leave the country without her. I am in a new relationship and we have been together for a year, he offered to sponsor me and begin the whole process again, but I am really concerned about what will happen if they cancel my work permit, as it will mean I no longer have a status in Canada. Can somebody please give me some advise?
Has anybody been in a similar situation?

 

[Rob_TO]

If you are now in a new common-law relationship (and most importantly have proof/evidence of the 12 months cohabitation), then you should immediately apply INLAND with a new PR application. As long as you have valid status here as of the date you submit the PR application along with an Open Work Permit application, you will have implied status to stay in Canada during the entire processing time and should receive a brand new OWP shortly after applying.

 

[brucem]

If you are now in a new common-law relationship (and most importantly have proof/evidence of the 12 months cohabitation), then you should immediately apply INLAND with a new PR application. As long as you have valid status here as of the date you submit the PR application along with an Open Work Permit application, you will have implied status to stay in Canada during the entire processing time and should receive a brand new OWP shortly after applying.

This one confused me, if she already had her landing interview does not that mean she already has her PR through her previous relationship, and how could she then withdraw the application as I thought this was the last step for inland apps? Also given she didn't mention the breakdown in the relationship at that interiew isn't that technically misrepresentation as I was under the impression they specifically ask you if your circumstances have changed which she didnt tell them?

 

[Rob_TO]

This one confused me, if she already had her landing interview does not that mean she already has her PR through her previous relationship, and how could she then withdraw the application as I thought this was the last step for inland apps? Also given she didn't mention the breakdown in the relationship at that interiew isn't that technically misrepresentation as I was under the impression they specifically ask you if your circumstances have changed which she didnt tell them?

It sounds like she got an interview appointment date, but withdrew her PR app before she actually went to the landing interview so never got PR.

For inland landing, both the sponsor and applicant need to attend together, and definitely the visa officer will confirm they are still cohabiting and still together before giving PR.

 

[brucem]

It sounds like she got an interview appointment date, but withdrew her PR app before she actually went to the landing interview so never got PR.

For inland landing, both the sponsor and applicant need to attend together, and definitely the visa officer will confirm they are still cohabiting and still together before giving PR.

That would make sense!

 

[kansekita]

I indeed withdraw the application through an immigration lawyer, and never attended the interview. I didn't mean to commit misrepresentation in any sort of way. I was just not aware that separation was a circumstance you should notify them as we are still married, and we have a child together. For my last application, I did all paperwork myself, and it was a lot of work, I was never told it wasn't suggested to travel while waiting on the PR, and travel out of the country several occasions. Which ended up dragging my process for almost 4 years. This time, I am going to use an Immigration Lawyer so there is no missing loops. I have a Visitors visa that was issued for 5 years back in 2010, and it expires august this year. My plan is to re-apply as a common law next month. We have tons of proof of our outgoing relationship and cohabitation, but I am still scared, as I've heard it isn't easy to get status on a common law, and we haven't spoke about marriage quite yet. Once my divorce comes to an end it will definitely the next step, but until then we are trying to skip the subject.

 

[kansekita]

Rob-To, what kind of proof you suggest we submit? We never thought things were going to come to this, so we weren't prepared for another sponsorship application, but we believe we have everything we need to prove we are in a committed common law relationship. It is recently that switched my address to our new home, and put bills on my name, as it wasn't needed before and we lived in another city. But we could request letters from our roomie, and many other people who were aware we were living together. Would that be enough?

 

[taffy7]

A beneficiary on a life insurance policy , joint bank account, and a joint credit card is a useful. Lots of pictures with friends and family members .Any cards you sent to each other and cards from friends and family from Christmas etc.

I don't understand why the travel made your application take 4 years. Applying inland or outland should not have delayed your application because you traveled.

 

[28january]

You are going through a lawyer this time right? What is s/he saying about the OWP from previous application?

 

[kansekita]

We now have a joint account, bills in both names, me and my daughter are in his medical benefits but all of this is recently. Other than letters from friends and our roomie, we cannot provide them with anything else that proves we were residing in the same house. A letter from our landlord could be an option. I applied inland, but it still took them 4 years to get back to me with a landed immigrant appt. and I was together with my ex for almost 5 years until we separated, and never applied until our daughter was born and over a year old. It is kinda hard to believe they took so long, anything can happen in that period of time.
The lawyer is awaiting for all the proof and documents he requested to consider when is a good time to proceed and submit our application. So we are trying to get everything together in the next two weeks.
Hope it all works out.

 

[kansekita]

He doesn't know if they will cancel my OWP or not... it is hard to say, because they are processed separately.