Application for Common Law refused - next step?

[davegoodmen]

Hi guys,

Over the weekend, we received some unfortunate news that our common law sponsorship has been refused due to and I quote "we are not satisfied that you have met the requirements of the Spouse or Common-law Partner in Canada Class, as you have not resided with your sponsor for a period of at least one year at the time your application was submitted.” I am wondering what are my next step and what are my options? We are almost 2 years living together now.

 

[scylla]

You can either appeal or re-apply.

It would only be a good choice to appeal if you were in fact common law at the time you applied (i.e. had lived together for at least one full year) and have sufficient proof to back up this statement.

If you don't, then re-applying is the right option.

 

[Carlaganda23]

Hi guys,

Over the weekend, we received some unfortunate news that our common law sponsorship has been refused due to and I quote "we are not satisfied that you have met the requirements of the Spouse or Common-law Partner in Canada Class, as you have not resided with your sponsor for a period of at least one year at the time your application was submitted.” I am wondering what are my next step and what are my options? We are almost 2 years living together now.

The best thing to do right now is to reapply and submit an application again. If you're living together for 2 yrs now, then you have plenty of proof to support it. Therefore, greater chance to get approve.
What did you submit to CIC before for your Common-Law Application? I applied Common-Law too and we are living together for 1 yr and7 months before I sent my application.

 

[davegoodmen]

Yeah the problem with us is after we met a few months, she was looking for a place to stay, so I told her to move in with me and my grandparent home (May 2012), however the issue is most of my address information is still with my parent, also she didn't change her information since (June/July 2012). We submitted the application in end of May because her visa was going to expire some time in June. So the information we have for May-June are pretty weak. I wish in hindsight our lawyer would have told us to wait.

As for now, can we resubmit our common law sponsorsip application? Do we need to start from scratch and perform everything the same again?

 

[zardoz]

I'm a little confused by your timeline.. Exactly when did you start living together, as in cohabiting, and when exactly did you submit your application of sponsorship/PR? I am assuming that this was an "inland" application?

 

[Ellasg]

So you didn't have a joint lease, or joint utilities bills or anything mailed to the same address with both your names since May/June?

I guess the best option is to reapply then. :-[

 

[scylla]

As for now, can we resubmit our common law sponsorsip application? Do we need to start from scratch and perform everything the same again?

Yes - you need to start from scratch.

 

[davegoodmen]

I'm a little confused by your timeline.. Exactly when did you start living together, as in cohabiting, and when exactly did you submit your application of sponsorship/PR? I am assuming that this was an "inland" application?

Started Living together - Beginning May 2012
Submit application - Late May 2013
Inland application

 

[Alurra71]

Started Living together - Beginning May 2012
Submit application - Late May 2013
Inland application

I am assuming that since May of 2013 you have amassed more proof of your relationship and common law status. You have no right to appeal on an INLAND application. Collect all the proof that you NOW have from when you initially moved in together and file another application. I do believe it would need to be filed outland this time though, although I might be mistaken. If your spouse/partner requires a visa to remain, then apply to have it extended ASAP. Gather your documents and get it sent. Even though it is hard to get that refusal you now have almost another entire full year of documentation to prove your status.

Good luck!

 

[davegoodmen]

So you didn't have a joint lease, or joint utilities bills or anything mailed to the same address with both your names since May/June?

I guess the best option is to reapply then. :-[

Yeah, we didn't have that information until June/July, and then we moved out from my grandparent on Dec 2012 to live on a rental condo. The question is, if we reapply, can we submit the same information with the joint bank statement, joint lease account etc?

 

[Alurra71]

Yeah, we didn't have that information until June/July, and then we moved out from my grandparent on Dec 2012 to live on a rental condo. The question is, if we reapply, can we submit the same information with the joint bank statement, joint lease account etc?

Absolutely, you can use all the same documentation and any more documentation that you have since amassed. You have to have more by default now that you have a full year of being in a home of your own. You likely have amassed more photos together, more documentation, filed taxes this year together? *if you didn't please amend that return now because for taxing purposes you are common law* All of these things and anything more you have compiled only strengthens your application. She will need a new PCC and new medicals though.

 

[little_apple]

OMG! I'm expecting a refusal as well now after reading this. Startef living together April 2012, applied April 2013. Only proof for the first 6 weeks is a letter from the landlord. More proof starts after 6 weeks. Great

 

[davegoodmen]

I am assuming that since May of 2013 you have amassed more proof of your relationship and common law status. You have no right to appeal on an INLAND application. Collect all the proof that you NOW have from when you initially moved in together and file another application. I do believe it would need to be filed outland this time though, although I might be mistaken. If your spouse/partner requires a visa to remain, then apply to have it extended ASAP. Gather your documents and get it sent. Even though it is hard to get that refusal you now have almost another entire full year of documentation to prove your status.

Good luck!

Thanks for the info Alurra71, this is a question, now that the application is refused, her visa no longer valid. So I am not entirely sure how the application work. I definitely have a lot more documentation now then when we applied. Hopefully, I can resubmit the application.

 

[little_apple]

Does it look bad when you re-apply right away after refusal?

 

[Carlaganda23]

Does it look bad when you re-apply right away after refusal?

Hi little apple,

Don't freak out! I think you will get approve.

In my own opinion, it doesn't look bad if you reapply. I think you better do it Inland than Outland. In that case, you can work after you get an AIP. You told me before that your Visa Processing Center seems so slow..