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Author Topic: Conjugal Application and then Married  (Read 185 times)
cicconfused
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« on: November 10, 2011, 08:10:49 pm »

I am pulling my hair out trying to decide best course of action. Any help would be appreciated!

Backgroud:

Fiancee refused refugee June 2011. Leave for JR refused October 2011. No PRRA notification yet...

We are not married yet. Waiting for my divorce to be final. We aren't living together. But we have a significant, interdependant relationship (although for less than one year), that involves my two children.

Issue:

My understanding is that if spousal application is made after the PRRA notification, there will be no stay of removal. I know the PRRA will take about 4 months once he is notified. Which will be just enough time to finalize divorce and get married. But, then my fiancee will have an effective removal order. I understand he will be removed, regardless of the genuinessness of our relationship. (any thoughts on this last point? i.e the likelihood of CBSA deferring removal?)

Questions:

What would happen if we applied right now under the In Canada class for conjugal relationship and then get married in a few months? We would have a stay of removal even when the PRRA is determined, right?
Could we "roll" the application over to a spouse?
What happens if they refuse our application, finding that we do not fit the definition of conjugal?
Can we then re-apply as spouses?
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canadianwoman
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Posts: 2841
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Category........: FAM
Visa Office......: Accra, Ghana
App. Filed.......: 30-01-2008
Interview........: 05-05-2009

« Reply #1 on: November 11, 2011, 04:52:12 pm »

You have to be in the conjugal relationship for a year before you apply, so that won't work right now.
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