Applied under being married and not living together - Inland

[draxz1289]

Hey guys,

This is for my friends from the UK and hope to get some clarity.

They were dating for about 6 years and lived with each other for about 2 years, got married and send the application. After about 6 months or so things started getting rocky and they both decided that they would break off and live separately but not get divorce or withdraw the application.

I have told them repeatedly that they have to withdraw the application since they are not together anymore through they are legally married and it is a problem. They have been living separately for about 6 months now.

Anyone can chime in?

 

[rhcohen2014]

i'm pretty sure the #1 requirement of an inland application is for the couple to be living TOGETHER in canada. if they are no longer cohabitating, then they don't qualify for inland. also, if they get condition 51, it will be REQUIRED for them to cohabitate for 2 years after pr is granted. currently, it sounds like they are crossing into fraud territory. at some point, CIC will want to see ongoing proof of their cohabitation, and perhaps even ask them about living together in the landing interview. if they can't prove cohabitation at the time the application is being processed, then the application will probably be rejected.

 

[draxz1289]

Thanks for the reply rhcohen2014

I have told them constantly that you need to live together for inland and there is now way you can break that.

I am not sure if the mails are still coming to the same place and it will be interesting since she is now moving out of the current place where they applied under

 

[Ponga]

IMHO, your friend doesn't deserve to have his/her application processed now, since they have broken the rules for an Inland applicant.

There are many legitimate couples here, waiting in line, that would love to be bumped up in line.

 

[Rob_TO]

Read here for rules of inland processing: http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

Do a search for "cohabit", and you'll find multiple references that it's a mandatory requirement the sponsor and applicant are cohabiting in Canada during the entire duration of PR processing, right up until PR approval.

Also if they will have conditional PR then it's required they cohabit for 2 years more after getting PR.

As part of inland processing, after approval there is a landing interview that both sponsor and applicant must attend. One question asked is to confirm they are cohabiting before the PR is issued. Sometimes the officer at landing interview demands to see proof of current cohabitation such as a recent bank statement showing address from each person. If they are honest and state they have not been cohabiting or relationship has ended, visa officer will reject the PR on the spot. So in order to get PR here, both parties would need to flat out lie, thereby committing misrepresentation and fraud. If ever found out, both applicant and sponsor could both face serious consequences.

 

[rhcohen2014]

Thanks for the reply rhcohen2014

I have told them constantly that you need to live together for inland and there is now way you can break that.

I am not sure if the mails are still coming to the same place and it will be interesting since she is now moving out of the current place where they applied under

well then, as rob mentioned, the only way for the application to be approved is for them to lie, misrepresent themselves, or forge documents (to prove current cohabitation). none of those will lead to anything positve. unfortunately, your friends will do what they wish, and hopefully CIC will recognize the application as a fraudulent one when it starts processing.

 

[taffy7]

I am not familiar with inland applications so you have to do a landing interview with your partner and can not flag pole like an outland application.

 

[Rob_TO]

I am not familiar with inland applications so you have to do a landing interview with your partner and can not flag pole like an outland application.

Correct, its a very different process. Both sponsor and applicant must attend the landing interview at their local CIC office. During this interview the visa officer makes certain the couple is still in a relationship, and still cohabiting. Inland applicants have been approved for PR, then had their PR denied at this landing interview when it was determined they were not cohabiting.

 

[Ponga]

Which is GREAT, because it allows the sponsor to answer with an emphatic "No", when the visa officer asks him/her if they still wish to be the sponsor.

Maybe the fact that s/he would be financially responsible for the applicant for 3 years would be enough for him/her to come to his/her senses...at the landing interview!

 

[taffy7]

Thank you Rob and Pongo for the information didn't know that they had to go for an interview.

 

[draxz1289]

I also didnt know there is an interview process in the end. I simply dont understand why she (sponsor) still continues the application when clearly they need to be living together.
I guess they still cling on to the fact that they will get back and dont want to take this step.

I would presume they will have a much bigger problem during the interview and as I mentioned she is moving out of the place where they applied under.