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Matthewsan13

Newbie
Sep 12, 2016
5
0
I have just received an email from cic re my case and dont know where to go from here. The emails is as follows

"Based on the limited evidence you have provided, i am not satisfied that you amd your sponsor have been cohabiting in a conjugal relationship for atleast one year prior to the filing of your application. Canadian courts have set out the generally accepted characteristics of a conjugal relationship. These involve a mutual commitment to a shared life and a relationship of some permanence where two parties are interdependent and have combined their affairs economically, socially, emotionally and physically. Your applicstion was received on december 22, 2014. You provided information that you and your sponser have been cohabitating in a conjugal relationship since december 29, 2013."

prior to me arriving in canada (29 dec 2013) we were in a long distance relationship because of other commitments - school/work so we werent living together. I gather were 7 days short of the 12months needed. Had i realized this i would have obviously sent my application a week later. Is this something where the case manager may show some sort of leniency or am i likely to be reapplying, paying again and waiting another 2 years?

My plan from here is to attatch all documents i can showing we were in a relationship prior to dec2013 and are still currently together by showing our joint mortgage approval. But will this be enough?

Looking for any information possible, has someone experienced this before or does anyone have any advice. I find it really frustrating that this has only been brought to my attention now, 2 years after it was received... Could it not have been mentioned on one of the few other occasions cic has contacted me. Not to mention ive done all medical and criminal checks have been done. It was finally feeling like it was almost finished!
 
Matthewsan13 said:
My plan from here is to attatch all documents i can showing we were in a relationship prior to dec2013 and are still currently together by showing our joint mortgage approval. But will this be enough?
Do this, as you do not really have any other choice. But it will probably not be enough. For common-law, the couple has to have lived together for 12 continuous months when the application is sent in. They are very strict about this.

However, send in what you have. It might work. You could also get married, and send proof of this. They might see this as a marriage of convenience though.
 
I personally wouldn't bother with the relationship evidence prior to Dec 2013. For common law, you need to prove 1 year cohabitation. So I would focus on providing as much evidence as you can to show that you have lived together for (almost) a year.

The fact you were short seven days technically means you weren't common law when you applied and didn't meet the requirements to be sponsored. If the officer is going by the books, they should refuse your application. Whether they decide to ignore the rules and give you a break is up to them - unfortunately impossible for any of us to guess.

Unfortunately this situation is of your own making since you applied before you qualified. I would have a plan in place for what you will do if you are refused. It sounds like you applied inland? Where are you from?

Good luck.
 
Ah - it's a shame you didn't apply outland. It would have been significantly faster to get a decision.

Anyway - not much you can do now apart from sending the evidence and hoping the officer ignores the week you are missing.

If you end up being refused, you'll need to reapply using the outland process.
 
Really, how much faster are we talking? I thought the website said the processing time from outside of the country takes longer
 
It depends on the visa office, but NZ applying outland is probably less than a year. The"official" processing time on the CIC website is for 80% of pending cases completed. Most are processed faster than that.

In almost all cases, Inland is over two years.
 
Matthewsan13 said:
Really, how much faster are we talking? I thought the website said the processing time from outside of the country takes longer

It's only longer for some countries and NZ certainly isn't one of them. You'd have to find the NZ thread to see current processing times - my guess is somewhere around 8 months?