Common law sucessfully approved

[ama25]

Hi everyone..

I have an importan question..

Has anyone been successfull in sponsoring a common law/husband without status or does anybody know about any sucessfull situation in this matter? please help.. :-*

 

[SchnookoLoly]

What do you mean by "without status"? Do you mean living in Canada illegally, without visitor or visa status? Or do you mean sponsoring them as common-law before you achieve common-law status? Not sure what you're asking!

 

[ama25]

Yes, I mean out of status. You know exactly what I mean..
Do you know any body who has has sucess in this matter?

He is my common law for 2 years now and we have a lot proofs of that .. Do you know anybody who has been in the same situation as me and has been sucessful?

 

[LeisaP]

I successfully sponsored my common-law spouse, he was a failed refugee and deported from Canada.

 

[LeisaP]

I know of people who are being sponsored currently INLAND, they are married, but have been out of status for nearly 6 years.
the application is still in process.

 

[ama25]

Thank you alot LeisaP..

Woull mind to tell me what you did and how you did it? I just don't know how to start or what to say..

 

[LeisaP]

Thank you alot LeisaP..

Woull mind to tell me what you did and how you did it? I just don't know how to start or what to say..

Well its a little different for refugee, because he was deported so we mailed in the application about 2 months before he had to leave the country. so we applied outland first off, since he was being deported there was no way we could apply inland. Than he spent the rest of the time in his home country before he got his PR and was able to come back.

But im assuming you want your spouse to stay in Canada while you wait for the application to process? If so, it would be best to apply inland, once you are approved for step 1, he is safe, but if he gets caught illegal before step 1 is approved, there is a chance they will ask him to leave and cancel the inland application and you will have to reapply from outland.

The other option is for him to leave on his own right now and apply outland, if he leaves voluntarily now before he gets caught and deported, it will be easier and quicker for him to return as PR once the application is approved.

What country is he from again? just to compare processing times.
Also check your inbox, I sent you the info for the immigration consultant we used.

 

[LeisaP]

And as for what to say,
you will still need to prove the same things, all the proper joint evidence for common-law

If he is inside Canada now, its easier to get joint accounts and stuff, rather than after he leaves back to his country.

I will send you another message to your inbox with a list of all the evidence we sent in with out application.

 

[ama25]

Thank you for your help, he is from Mexico.We d like to aplly inland cause we have a child and we dont want to be far from each other specially it d be hard for me and him specially if he is far from our child. Send me the information to my box. I appreciate your help.

 

[canuck_in_uk]

Thank you for your help, he is from Mexico.We d like to aplly inland cause we have a child and we dont want to be far from each other specially it d be hard for me and him specially if he is far from our child. Send me the information to my box. I appreciate your help.

It is not the lack of status that is going to cause problems, as CIC specifically states "You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada."

The issue will be the illegal working. There is a very good chance that CIC will find out even if you don't tell them. He can be deported for that. If he is deported, he will be permanently banned from Canada. He would then have to apply for an ARC, Authorization to Return, to enter Canada again. If you apply to sponsor him inland and he is then deported, the sponsor app would be cancelled and you have have to start all over again with an outland app.

As was suggested to you in this thread and in another thread, he should leave the country and you should apply outland. This will prevent him from actually being deported and complicating your case further.

 

[LeisaP]

+1 ^^^

Also he should stop working completely to avoid the chance of being deported, this is the main thing that will cause issues with everything if you DO decide to apply inland

 

[scylla]

+1 ^^^

Also he should stop working completely to avoid the chance of being deported, this is the main thing that will cause issues with everything if you DO decide to apply inland

Excellent advice.

If he's caught, this could also cause delays with an outland application if an ARC is required to return.

 

[Playa08]

I successfully sponsored my common-law spouse, he was a failed refugee and deported from Canada.

Hello,

I am in a similar situation and wondering if the deportation order slowed down your processing time and if they asked about it at the interview?
I'm a bit worried because they haven't requested an ARC from us and it's already been a year since we've applied, my MP let me know that this factor could delay our case by 6 months more. This post is really old so I'm not sure if you will see it but if so thanks for any info

 

[scylla]

Yes - deportation orders definitely slow down the processing for sponsorship applications. There's additional time required to process the ARC. Also, once someone has a deportation order, CIC will often look into the relationship more closely to ensure it's genuine.

 

[Ponga]

It is not the lack of status that is going to cause problems, as CIC specifically states "You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada."

Does that language still appear anywhere in terms of an Inland applicant? The language was changed/removed from the Inland Guide last September, but have you found it elsewhere since then?

Still wondering why it was changed and...why CIC hasn't explained why it was changed.