We filed for my spouse earlier this year, we had all the proper paperwork filed, photos, medical exams etc, but my spouse had to go back to America a couple of times, due to the threat of an overstay. But the concern to CIC seems to be that we don't meet the requirements based on this, as we are not cohabiting at the moment. I don't see why there is an issue with this? Should we have filed via out of Canada application?
In-Canada PR application concerns
- Thread starter Qwijebo
- Start date
In order to qualify for inland, you must cohabit together in Canada.
Concerns of overstay? You can extend the visitor status, you also had the option of applying for an open work permit which would be granted for two years, or ultimately, being out of status doesn't disqualify someone from being sponsored inland. People who had been out of status for years were successfully sponsored inland.
What is an issue, however, is not living together in Canada. In that case, you should have applied outland.
Concerns of overstay? You can extend the visitor status, you also had the option of applying for an open work permit which would be granted for two years, or ultimately, being out of status doesn't disqualify someone from being sponsored inland. People who had been out of status for years were successfully sponsored inland.
What is an issue, however, is not living together in Canada. In that case, you should have applied outland.
If you are not continuously cohabiting during an inland application, a refusal is to be expected. It's a mandatory component of the Spouse or Common-Law Partner in Canada class.