HELP! what should i do now

[silvetstone]

I try to make it simple and clear here.

i sent inland spouse sponsorship in Nov 2019. my common law partner is a refused refugee since 2012, two years after he came to Canada. we live together since 2018. i landed as pr in 2019, but when i started sponsor him under family class, he got notice from CBSA and a deportation is ongoing.

firstly, we did PRRA (Pre removal risk assessment) in Aug,2019, which could buy sometime. but we got a letter in May 2020 saying PRRA has come to a result and waiting for another notice to call in and inform the result in person.

secondly, his legal wife refused to divorce after ten year separation, even we filed a divorce application in Canada it will still need almost one year to legally serve to her. right now, our motion is in court, everywhere is standstill. so divorce case has not come to a result

last week, we got call in again from CBSA, and they request him to fill application form for travel document(passport), before i was told CBSA push the person to apply passport but you can still have some time to play, right now CBSA apply for you, everything seems to be out of control.

i tried to look for MP at this moment, and found our case is just starting (The responsible office is currently reviewing the application and documents submitted to determine if the sponsored person (the applicant) meets the eligibility requirements. ) i don't believe that CIC could do faster than CBSA. but MP said when it comes to law enforcement (CBSA, RCMP, Police etc) and the courts we cannot intervene as its political interference and is viewed as obstruction.

everything seems to stuck here, CIC can't expedite as it is only granted in life and death scenarios; CBSA can't be obstructed;

my concern:
if my partner can't get divorce judgement, will he still be considered my partner under family class sponsorship?

what else i could do for now? just wait until judgement day comes?

my lawyer said no need to do criminal check and medical check for now, even i want to save sometime once CIC request, does it help a little if i do ahead?

i know that if the MP inquiry, they will leave a note. but will the case officer speed up because of that?

so much stressed right now. please help us!

 

[scylla]

I try to make it simple and clear here.

i sent inland spouse sponsorship in Nov 2019. my common law partner is a refused refugee since 2012, two years after he came to Canada. we live together since 2018. i landed as pr in 2019, but when i started sponsor him under family class, he got notice from CBSA and a deportation is ongoing.

firstly, we did PRRA (Pre removal risk assessment) in Aug,2019, which could buy sometime. but we got a letter in May 2020 saying PRRA has come to a result and waiting for another notice to call in and inform the result in person.

secondly, his legal wife refused to divorce after ten year separation, even we filed a divorce application in Canada it will still need almost one year to legally serve to her. right now, our motion is in court, everywhere is standstill. so divorce case has not come to a result

last week, we got call in again from CBSA, and they request him to fill application form for travel document(passport), before i was told CBSA push the person to apply passport but you can still have some time to play, right now CBSA apply for you, everything seems to be out of control.

i tried to look for MP at this moment, and found our case is just starting (The responsible office is currently reviewing the application and documents submitted to determine if the sponsored person (the applicant) meets the eligibility requirements. ) i don't believe that CIC could do faster than CBSA. but MP said when it comes to law enforcement (CBSA, RCMP, Police etc) and the courts we cannot intervene as its political interference and is viewed as obstruction.

everything seems to stuck here, CIC can't expedite as it is only granted in life and death scenarios; CBSA can't be obstructed;

my concern:
if my partner can't get divorce judgement, will he still be considered my partner under family class sponsorship?

what else i could do for now? just wait until judgement day comes?

my lawyer said no need to do criminal check and medical check for now, even i want to save sometime once CIC request, does it help a little if i do ahead?

i know that if the MP inquiry, they will leave a note. but will the case officer speed up because of that?

so much stressed right now. please help us!

He can't be classified as your spouse if you aren't married (and you can't get married until he gets a divorce). However you can certainly be classified as common law partners provided you had already lived together continuously for at least one year at the time you submitted the application. The fact he is still married doesn't prevent you from being common law with you under family class sponsorship.

Can't help with the rest of your questions. Good luck.

 

[silvetstone]

He can't be classified as your spouse if you aren't married (and you can't get married until he gets a divorce). However you can certainly be classified as common law partners provided you had already lived together continuously for at least one year at the time you submitted the application. The fact he is still married doesn't prevent you from being common law with you under family class sponsorship.

Can't help with the rest of your questions. Good luck.

thanks so much for your reply, i did apply him as my common law partner at the beginning. so i don't need to worry about his divorce case. thanks a lot!

 

[ryester]

thanks so much for your reply, i did apply him as my common law partner at the beginning. so i don't need to worry about his divorce case. thanks a lot!

I am not sure this is going to work. You cannot apply for common-law because legally he is still married at the time of your application. You may have to wait until he is divorced.

 

[scylla]

I am not sure this is going to work. You cannot apply for common-law because legally he is still married at the time of your application. You may have to wait until he is divorced.

Incorrect. There are no issues applying as common law if someone is still married and not yet divorced as long as they can demonstrate they have separated from their spouse and are no longer in a relationship with them. Plenty of people here have done this successfully.

 

[ryester]

Incorrect. There are no issues applying as common law if someone is still married and not yet divorced as long as they can demonstrate they have separated from their spouse and are no longer in a relationship with them. Plenty of people here have done this successfully.

that is interesting. what happens if the court denies the divorce or the couple decide to get back together after filing divorce while the spousal application is in progress or complete? The applicant will get spousal PR while still being married to another person (rather than the sponsor)? I could not imagine how this works.

 

[PMM]

Hi

that is interesting. what happens if the court denies the divorce or the couple decide to get back together after filing divorce while the spousal application is in progress or complete? The applicant will get spousal PR while still being married to another person (rather than the sponsor)? I could not imagine how this works.

1. Immaterial if the courts deny the divorce. Some people separate and never file for divorce.
2. If the couple reconcile, the sponsor is no longer in a C/law relationship and the application is over.\
3. I know you next question is going to be "what happens if common/law spouse "lands" and then the divorcing couple get back together?" Well the sponsor can't re-sponsor for 3 years, and it would be refused

Excluded relationships Restrictions
5 For the purposes of these Regulations, a foreign national
shall not be considered
(a) the spouse or common-law partner of a person if
the foreign national is under the age of 18 years;
(b) the spouse of a person if
(i) the foreign national or the person was, at the
time of their marriage, the spouse of another person,
or
(ii) the person has lived separate and apart from
the foreign national for at least one year and is the
common-law partner of another person

 

[canuck78]

Were you common law partners when you landed as a PR? If so he should have been included in your PR application. When exactly did you start living together and when did you land as a PR?

 

[silvetstone]

Were you common-law partners when you landed as a PR? If so he should have been included in your PR application. When exactly did you start living together and when did you land as a PR?

at the time i landed as PR, we r common-law partner, but not long enough for one year. that's why, when i file my PR application through EE, he is not included.

 

[silvetstone]

Hi



1. Immaterial if the courts deny the divorce. Some people separate and never file for divorce.
2. If the couple reconcile, the sponsor is no longer in a C/law relationship and the application is over.\
3. I know you next question is going to be "what happens if common/law spouse "lands" and then the divorcing couple get back together?" Well the sponsor can't re-sponsor for 3 years, and it would be refused

Excluded relationships Restrictions
5 For the purposes of these Regulations, a foreign national
shall not be considered
(a) the spouse or common-law partner of a person if
the foreign national is under the age of 18 years;
(b) the spouse of a person if
(i) the foreign national or the person was, at the
time of their marriage, the spouse of another person,
or
(ii) the person has lived separate and apart from
the foreign national for at least one year and is the
common-law partner of another person

correct! my lawyer told me the same, i don't really worry about the relationship even the divorce is not done from the court. but i do concern about his removal order. days ago, the MP office said, his file is in hand of CBSA as in a process of a removal order. they don't mention if our PR application is on hold because the removal order, but they guess it could be so.
does anyone know about that?
thanks