Final Determination Interview - Sponsor Unable to Attend

[GlassDoor12]

Hello,

My common-law girlfriend applied for Permanent Residence through the Spousal Sponsorship process. She just received the email from IRCC stating the final determination for permanent residence interview has been scheduled two weeks from now.

The email states: "If you were sponsored, please ensure that your sponsor attends the interview with you, as there may be a requirement to question them."

My girlfriend (applicant) is able to attend the interview but I (sponsor) am currently out of the country caring for my mother who is terminally ill. I don't know how long I will be taking care of my mother but it could range from weeks to months and it would be very difficult to fly to Edmonton even for a couple of days for the interview.

I have a few questions about this situation:

1. The letter states there may be a requirement to question me. Are there cases where I would or would not have to be interviewed?
2. The application status online states "Decision Made". At this point is the final determination interview just a formality, or is there a real risk it could still be rejected at the interview, for example if my girlfriend could attend but I could not?
3. Would there be an option to complete the interview over webcam due to my situation? My girlfriend would be able to attend in person, and I also have a friend who is listed as a representative on the application, who could attend in person and answer questions on my behalf.
4. How does the process work if I reschedule? Part of the problem is I don't know when exactly what date I can return to Canada as it depends on my mother's health. My girlfriend already has a 2-year Open Work Permit so we are in no rush for her to receive PR. I would like to push it out as much as possible but could this raise any flags?
5. The IRCC website states there is 12-month waiting period, but we received this email only 5 months after applying. Does this mean my application was straightforward and therefore we have a greater chance of passing the interview, or is 5 months common even when a 12-month wait time is stated?

Thank you!

 

[scylla]

Hello,

My common-law girlfriend applied for Permanent Residence through the Spousal Sponsorship process. She just received the email from IRCC stating the final determination for permanent residence interview has been scheduled two weeks from now.

The email states: "If you were sponsored, please ensure that your sponsor attends the interview with you, as there may be a requirement to question them."

My girlfriend (applicant) is able to attend the interview but I (sponsor) am currently out of the country caring for my mother who is terminally ill. I don't know how long I will be taking care of my mother but it could range from weeks to months and it would be very difficult to fly to Edmonton even for a couple of days for the interview.

I have a few questions about this situation:

1. The letter states there may be a requirement to question me. Are there cases where I would or would not have to be interviewed?
2. The application status online states "Decision Made". At this point is the final determination interview just a formality, or is there a real risk it could still be rejected at the interview, for example if my girlfriend could attend but I could not?
3. Would there be an option to complete the interview over webcam due to my situation? My girlfriend would be able to attend in person, and I also have a friend who is listed as a representative on the application, who could attend in person and answer questions on my behalf.
4. How does the process work if I reschedule? Part of the problem is I don't know when exactly what date I can return to Canada as it depends on my mother's health. My girlfriend already has a 2-year Open Work Permit so we are in no rush for her to receive PR. I would like to push it out as much as possible but could this raise any flags?
5. The IRCC website states there is 12-month waiting period, but we received this email only 5 months after applying. Does this mean my application was straightforward and therefore we have a greater chance of passing the interview, or is 5 months common even when a 12-month wait time is stated?

Thank you!

Did you sponsor your girlfriend inland? I'm assuming so. If so, how long have you been gone? This could be problematic for your application as the inland process requires you to be cohabitating in Canada continuously.

You do have to be there in person. They won't allow her to become a PR if you aren't there. You being there in person is not a formality - it's a requirement.

I'm not sure how rescheduling works and if IRCC will even allow it. However if allowed, you won't have any control over the date - they will simply pick one at their convenience.

 

[GlassDoor12]

Did you sponsor your girlfriend inland? I'm assuming so. If so, how long have you been gone? This could be problematic for your application as the inland process requires you to be cohabitating in Canada continuously.

You do have to be there in person. They won't allow her to become a PR if you aren't there. You being there in person is not a formality - it's a requirement.

I'm not sure how rescheduling works and if IRCC will even allow it. However if allowed, you won't have any control over the date - they will simply pick one at their convenience.

Thanks for the info.

Yes, I am sponsoring her inland. I have been gone for about 2 months.

 

[scylla]

Thanks for the info.

Yes, I am sponsoring her inland. I have been gone for about 2 months.

If you can't be there in person, then your only option is to request a postponment and hope that works.

There's no webcam / send a friend option. The application is dependent on your sponsorship and dependent on you living together in Canada - so you have to physicallly be there.

You'll have no contorl over when the interview is rescheduled. If you don't attend the second one, you can be certain IRCC will cancel the application.

 

[GlassDoor12]

Did you sponsor your girlfriend inland? I'm assuming so. If so, how long have you been gone? This could be problematic for your application as the inland process requires you to be cohabitating in Canada continuously.

You do have to be there in person. They won't allow her to become a PR if you aren't there. You being there in person is not a formality - it's a requirement.

I'm not sure how rescheduling works and if IRCC will even allow it. However if allowed, you won't have any control over the date - they will simply pick one at their convenience.

I found some information on the IRCC website regarding temporary separation after you are established common-law:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

It states: "After the one year period of cohabitation has been established, the partners may live apart for periods of time while still maintaining a common-law relationship. For example, a couple may have been separated due to illness or death of a family member, adverse country conditions (e.g. war, political unrest), or employment or education-related reasons, and therefore are not cohabiting at the time an application is submitted. Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship."

In this context, since we were already together for over a year, would 2-3 months' separation after we are common-law due to illness of a family member be considered reasonable? Do you know what kind of evidence I should provide to demonstrate that we are continuing the relationship during this time?

 

[scylla]

I found some information on the IRCC website regarding temporary separation after you are established common-law:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html

It states: "After the one year period of cohabitation has been established, the partners may live apart for periods of time while still maintaining a common-law relationship. For example, a couple may have been separated due to illness or death of a family member, adverse country conditions (e.g. war, political unrest), or employment or education-related reasons, and therefore are not cohabiting at the time an application is submitted. Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship."

In this context, since we were already together for over a year, would 2-3 months' separation after we are common-law due to illness of a family member be considered reasonable? Do you know what kind of evidence I should provide to demonstrate that we are continuing the relationship during this time?

The definition you've provided above is for meeting the common law requirements - the requirements for an inland application are separate. We've had two recent threads here where inland applications have been refused or are at risk of refusal because they cannot prove they are still cohabitating. In at least one of these cases, the couple is married.

Right now you're not being asked to prove anything - so I'm not sure I would worry about evidence immediately. If you are asking to prove something - it will be cohabitation.

The immediate issue that you have is that she cannot become a PR without you attending the interview. I would deal with that issue first. You need to sort out how to reschedule since you cannot attend.

 

[canuck_in_uk]

Thanks for the info.

Yes, I am sponsoring her inland. I have been gone for about 2 months.

Be aware that if IRCC finds out that you have not been living together for 2 months, there is a very good chance your app will be refused.