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Aunt Sponsorship, complicated case.

Carlos25

Star Member
Feb 7, 2018
70
31
Hi! I’m 20 and I am from Mexico. I landed in Canada on January of 2016, the original purpose of my visit was to be with my aunt (who is a Canadian citizen) for a few months, she is basically my mother. I came to Canada every year since I was 9 years old.
We decided to start a sponsorship application since we have no other relative who is a Canadian citizen or PR and she has no children and single, she was refused as a sponsor because we have living relatives, anyway my application for PR was sent to Mexico city cause we selected (keep processing regardless of any inelebility) I know I’m gonna be refused cause I have no sponsor but I don’t know what are my odds of becoming a PR appealing.
Since then I’ve been in Canada extending my stay as a visitor, saying that my case is in process,last time I applied for 8 months, it was granted, then I applied for a work permit and it was refused because when they started processing it 3 months already went by and I only have 5 months left.
Last August I started a relationship with a Canadian citizen and we are currently living together, he would sponsor me as a common law partner or if we really have to we’ll marry. The problem is that to be considered common law we need to have been living together for a year and it’s been only 1 month and I don’t know if I’m going to be allowed to stay here another entire year and I really want a work permit, I’ve been unemployed for a year already.
What I need to know is what is my best bet? Should I apply normally for an extension hoping for it to be approved, and then withraw my application and start a new process with my partner on common law? Should I try to appeal? This is all so confusing.
Thank you.
 
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zardoz

VIP Member
Feb 2, 2013
13,337
2,160
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hi! I’m 20 and I am from Mexico. I landed in Canada on January of 2016, the original purpose of my visit was to be with my aunt (who is a Canadian citizen) for a few months, she is basically my mother. I came to Canada every year since I was 9 years old.
We decided to start a sponsorship application since we have no other relative who is a Canadian citizen or PR and she has no children and single, she was refused as a sponsor because we have living relatives, anyway my application for PR was sent to Mexico city cause we selected (keep processing regardless of any inelebility) I know I’m gonna be refused cause I have no sponsor but I don’t know what are my odds of becoming a PR appealing.
Since then I’ve been in Canada extending my stay as a visitor, saying that my case is in process,last time I applied for 8 months, it was granted, then I applied for a work permit and it was refused because when they started processing it 3 months already went by and I only have 5 months left.
Last August I started a relationship with a Canadian citizen and we are currently living together, he would sponsor me as a common law partner or if we really have to we’ll marry. The problem is that to be considered common law we need to have been living together for a year and it’s been only 1 month and I don’t know if I’m going to be allowed to stay here another entire year and I really want a work permit, I’ve been unemployed for a year already.
What I need to know is what is my best bet? Should I apply normally for an extension hoping for it to be approved, and then withraw my application and start a new process with my partner on common law? Should I try to appeal? This is all so confusing.
Thank you.
If she was found to be ineligible as a sponsor, you have pretty much wasted your money and time by electing to "keep processing". Unless the IRCC officer made a fundamental mistake, you will almost certainly not get PR that way.

If you marry, you will need to be able to convince the IRCC that it's a genuine marriage, especially in the light of the previous sponsorship attempt.

Common-law seems, perhaps, the safest bet.
 

Carlos25

Star Member
Feb 7, 2018
70
31
If she was found to be ineligible as a sponsor, you have pretty much wasted your money and time by electing to "keep processing". Unless the IRCC officer made a fundamental mistake, you will almost certainly not get PR that way.

If you marry, you will need to be able to convince the IRCC that it's a genuine marriage, especially in the light of the previous sponsorship attempt.

Common-law seems, perhaps, the safest bet.
What about appealing under humanitarian and compassionate grounds?
 

zardoz

VIP Member
Feb 2, 2013
13,337
2,160
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
What about appealing under humanitarian and compassionate grounds?
You want my honest opinion? Forget about it... Others may disagree but I see nothing in your narrative that comes even close to the required level for H&C.
 

CaroM8

Hero Member
Feb 26, 2015
801
73
Ottawa
Category........
FAM
Visa Office......
Mexico City
App. Filed.......
26/09/2016
AOR Received.
20/10/2016 - SA:25/10/2016 - AOR2: 22/12/16
File Transfer...
25/10/2016
Med's Done....
Upfront
Passport Req..
11-10-2017
LANDED..........
14-11-2017
I don’t see a case for H&C either.. I wouldn’t waste my time if I were you.
 

Carlos25

Star Member
Feb 7, 2018
70
31
You want my honest opinion? Forget about it... Others may disagree but I see nothing in your narrative that comes even close to the required level for H&C.
Okay, so should I apply for another extension, wait till I’m common-law, withraw my other application and start a new one with common-law.
This is real relationship, hopefully they are capable of seeing it.
 

JulianaAndrew

Hero Member
Feb 14, 2017
671
315
Colombia
Category........
FAM
Visa Office......
Bogota
App. Filed.......
26-07-2017
Doc's Request.
Schedule A and PCC: 01-09-2017
AOR Received.
AOR1: 01-09-2017, AOR2: 19-09-2017
File Transfer...
15-09-2017
Med's Request
02-01-2018
Med's Done....
23-01-2018
Interview........
06-12-2017 - Passed
Passport Req..
06-12-2017
VISA ISSUED...
05-03-2018
LANDED..........
10-03-2018
Okay, so should I apply for another extension, wait till I’m common-law, withraw my other application and start a new one with common-law.
This is real relationship, hopefully they are capable of seeing it.
If you wait until you become common-law to withdraw, it'll be refused by then. Either way, they will know about the withdrawn or refused application. You should expect more scrutiny from CIC, as they are not that dumb to overlook your red flags. You can certainly apply for another extension and wait until you become common-law to submit a new application. Again, you should expect more scrutiny given your history. And keep in mind that if you apply inland, the options to appeal aren't that easy as if it were outland.
 
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zardoz

VIP Member
Feb 2, 2013
13,337
2,160
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Okay, so should I apply for another extension, wait till I’m common-law, withraw my other application and start a new one with common-law.
This is real relationship, hopefully they are capable of seeing it.
That sounds reasonable. If you are absolutely confident that you are capable of proving a genuine marriage, that's always an option for reducing the time frame. However marriage after only 6 months, following a failed sponsorship, is going to be scrutinized. The length of time to establish common-law may well act in your favour. So, at least try for a further extension and perhaps state that you are attempting to establish a common-law relationship.

Let's see what others think about the suggestion...

The existing application is, in my opinion, doomed. I'd withdraw it but you have already wasted the processing fees.
 
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Rob_TO

VIP Member
Nov 7, 2012
11,450
1,546
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
We decided to start a sponsorship application since we have no other relative who is a Canadian citizen or PR and she has no children and single, she was refused as a sponsor because we have living relatives,
.
Who were the living relatives, was it her parents?
 

Carlos25

Star Member
Feb 7, 2018
70
31
That sounds reasonable. If you are absolutely confident that you are capable of proving a genuine marriage, that's always an option for reducing the time frame. However marriage after only 6 months, following a failed sponsorship, is going to be scrutinized. The length of time to establish common-law may well act in your favour. So, at least try for a further extension and perhaps state that you are attempting to establish a common-law relationship.

Let's see what others think about the suggestion...

The existing application is, in my opinion, doomed. I'd withdraw it but you have already wasted the processing fees.
I made a mistake, I landed in Canada January 2017 not 2016. I’ve been using that to get extensions, I think we could prove it. We have lease together, same address on ID, tons of photos and letters, etc.
 

zardoz

VIP Member
Feb 2, 2013
13,337
2,160
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Yes, my grandparents, even if they are both in bed really sick not able of getting on and airplane, however, that doesn’t seem to matter.
Yes, that is a show-stopper. Parents get priority in sponsorship via the PGP stream. Sorry but your aunt was correctly refused as ineligible.
 
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Carlos25

Star Member
Feb 7, 2018
70
31
Won’t it be a red flag if on the extension application I state that I am trying to get common-law?
Yes, that is a show-stopper. Parents get priority in sponsorship via the PGP stream. Sorry but your aunt was correctly refused as ineligible.
 

Rob_TO

VIP Member
Nov 7, 2012
11,450
1,546
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Yes, my grandparents, even if they are both in bed really sick not able of getting on and airplane, however, that doesn’t seem to matter.
Right, and since parents already have an immigration stream (regardless if the sponsor would qualify or even wanted to sponsor them), that takes precedence over the "other" family stream.

Note that after your grandparents pass away, your Aunt would then be eligible to sponsor an "other" relative.

Won’t it be a red flag if on the extension application I state that I am trying to get common-law?
No, many people do this and we've seen people get 12-month status extensions.

What is more of a red flag in your case, is you have already applied for PR. If a visa officer processing a visitor extension app sees the refused PR app, they may think you are simply trying to live in Canada permanently and refuse the visitor extension based on that. Although this is worst case, you may get the extension no problem, you will need to try and see what happens.
 

Carlos25

Star Member
Feb 7, 2018
70
31
Right, and since parents already have an immigration stream (regardless if the sponsor would qualify or even wanted to sponsor them), that takes precedence over the "other" family stream.

Note that after your grandparents pass away, your Aunt would then be eligible to sponsor an "other" relative.



No, many people do this and we've seen people get 12-month status extensions.

What is more of a red flag in your case, is you have already applied for PR. If a visa officer processing a visitor extension app sees the refused PR app, they may think you are simply trying to live in Canada permanently and refuse the visitor extension based on that. Although this is worst case, you may get the extension no problem, you will need to try and see what happens.
My application for PR says “in process” hasn’t been refused yet, Do you think next time I apply for my extension (June) I should say what I’ve been saying “I want to get this extension granted because my permanent residence is still In process” or should I use the “i want to get it granted so I can stay longer with my boyfriend and create common-law”
Which one seems a better option? Or both? Thanks!