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Need advice for inland spousal sponsorship red flags - out of status & elopement

May 25, 2023
18
6
Hi everyone,

Was hoping to get some advice on my current situation and how I could reduce the impact of some of the red flags that will be inevitably displayed on my inland spousal sponsorship application.

Long story short: I'm from the U.S. and have been with my Canadian partner for 7 years. The first three years of our relationship were long distance-ish (i.e., we lived within an hours driving distance, but with an international border between us. Visited each other every week). At the three year mark, I got into a Canadian university, moved here on a study permit, and have been here for the last four years. Where it gets dicey is that I was in a serious accident and ended up having to withdraw from my studies early, which effectively rendered me out of status (I fully acknowledge that I could've done more to maintain my status and I take full responsibility for letting my status expire).

Well, he recently proposed, and we have decided on either eloping or having a courthouse wedding within the next few weeks and then sending in our sponsorship application as soon as our marriage certificate arrives. A big motivating factor for moving quickly with the wedding is so that we can apply for spousal sponsorship sooner, which I know is also highly frowned upon, but I am mainly thinking it of a "timing of convenience" and not a "marriage of convenience" since we have been together for so long. Another motivating factor for a small wedding is that both of our immediate and extended families are scattered across the world, which means that no matter where we have it, the vast majority of our loved ones would have to travel a significant distance. At the very least, my partner's parents would be there as our witnesses; my parents do not have passports, so they would not be able to attend. We could easily spin the story as a "we wanted to save money on the wedding so that we could travel to see everyone over the next 2 years".

Is there anything I can do/say in my application to reduce the impact of some of these red flags? There are definitely a lot of green flags on our application -- we've been together for 7 years, we have been on vacations together (mostly pre-pandemic) and have photos together on those vacations, I'm from the U.S. and have a graduate-level degree with strong employment prospects, he proposed with a diamond ring, happy to share our future "wedding kiss" photo if that's something they really care about, etc. Also not sure if this is a red or green flag: I spent my first several years in Canada living alone because I wanted to be self-sufficient, but we have since been living together for nearly a year and have combined expenses and a signed lease agreement in both of our names.

So, does the strength of our "green flags" offset the red flags, or should we consider doing more to strengthen our application? (e.g., take out life insurance policies or something). Thanks in advance!
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,799
Hi everyone,

Was hoping to get some advice on my current situation and how I could reduce the impact of some of the red flags that will be inevitably displayed on my inland spousal sponsorship application.

Long story short: I'm from the U.S. and have been with my Canadian partner for 7 years. The first three years of our relationship were long distance-ish (i.e., we lived within an hours driving distance, but with an international border between us. Visited each other every week). At the three year mark, I got into a Canadian university, moved here on a study permit, and have been here for the last four years. Where it gets dicey is that I was in a serious accident and ended up having to withdraw from my studies early, which effectively rendered me out of status (I fully acknowledge that I could've done more to maintain my status and I take full responsibility for letting my status expire).

Well, he recently proposed, and we have decided on either eloping or having a courthouse wedding within the next few weeks and then sending in our sponsorship application as soon as our marriage certificate arrives. A big motivating factor for moving quickly with the wedding is so that we can apply for spousal sponsorship sooner, which I know is also highly frowned upon, but I am mainly thinking it of a "timing of convenience" and not a "marriage of convenience" since we have been together for so long. Another motivating factor for a small wedding is that both of our immediate and extended families are scattered across the world, which means that no matter where we have it, the vast majority of our loved ones would have to travel a significant distance. At the very least, my partner's parents would be there as our witnesses; my parents do not have passports, so they would not be able to attend. We could easily spin the story as a "we wanted to save money on the wedding so that we could travel to see everyone over the next 2 years".

Is there anything I can do/say in my application to reduce the impact of some of these red flags? There are definitely a lot of green flags on our application -- we've been together for 7 years, we have been on vacations together (mostly pre-pandemic) and have photos together on those vacations, I'm from the U.S. and have a graduate-level degree with strong employment prospects, he proposed with a diamond ring, happy to share our future "wedding kiss" photo if that's something they really care about, etc. Also not sure if this is a red or green flag: I spent my first several years in Canada living alone because I wanted to be self-sufficient, but we have since been living together for nearly a year and have combined expenses and a signed lease agreement in both of our names.

So, does the strength of our "green flags" offset the red flags, or should we consider doing more to strengthen our application? (e.g., take out life insurance policies or something). Thanks in advance!
Are you a US citizen or a citizen of another country? If not a citizen what is your current status in the US. Were you banned from reentering the US for 10 years once you left? Assume your parents are undocumented in the US? How long have they been living there without status?

What is your current status in Canada? You mention that you withdrew from school when you had youraccident? What happened after that. If you didn’t return to school would have lost your status in Canada. How were you receiving medical care if you stopped studying and what provinces were you living in? Do stilll live in the same province. Did you notify CRA when you became common law? If not you need to notify them and declare when you became common law.

You seem to have plenty of evidence or being in a true relationship. Having lived separately for a few year before eventually moving in together isn’t an issue. Need some more answers to clarify your situation a bit more.
 

scylla

VIP Member
Jun 8, 2010
93,205
20,664
Toronto
Category........
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Hi everyone,

Was hoping to get some advice on my current situation and how I could reduce the impact of some of the red flags that will be inevitably displayed on my inland spousal sponsorship application.

Long story short: I'm from the U.S. and have been with my Canadian partner for 7 years. The first three years of our relationship were long distance-ish (i.e., we lived within an hours driving distance, but with an international border between us. Visited each other every week). At the three year mark, I got into a Canadian university, moved here on a study permit, and have been here for the last four years. Where it gets dicey is that I was in a serious accident and ended up having to withdraw from my studies early, which effectively rendered me out of status (I fully acknowledge that I could've done more to maintain my status and I take full responsibility for letting my status expire).

Well, he recently proposed, and we have decided on either eloping or having a courthouse wedding within the next few weeks and then sending in our sponsorship application as soon as our marriage certificate arrives. A big motivating factor for moving quickly with the wedding is so that we can apply for spousal sponsorship sooner, which I know is also highly frowned upon, but I am mainly thinking it of a "timing of convenience" and not a "marriage of convenience" since we have been together for so long. Another motivating factor for a small wedding is that both of our immediate and extended families are scattered across the world, which means that no matter where we have it, the vast majority of our loved ones would have to travel a significant distance. At the very least, my partner's parents would be there as our witnesses; my parents do not have passports, so they would not be able to attend. We could easily spin the story as a "we wanted to save money on the wedding so that we could travel to see everyone over the next 2 years".

Is there anything I can do/say in my application to reduce the impact of some of these red flags? There are definitely a lot of green flags on our application -- we've been together for 7 years, we have been on vacations together (mostly pre-pandemic) and have photos together on those vacations, I'm from the U.S. and have a graduate-level degree with strong employment prospects, he proposed with a diamond ring, happy to share our future "wedding kiss" photo if that's something they really care about, etc. Also not sure if this is a red or green flag: I spent my first several years in Canada living alone because I wanted to be self-sufficient, but we have since been living together for nearly a year and have combined expenses and a signed lease agreement in both of our names.

So, does the strength of our "green flags" offset the red flags, or should we consider doing more to strengthen our application? (e.g., take out life insurance policies or something). Thanks in advance!
- The fact you have lived together for two years definitely works in your favour. Provide evidence of this in several forms.
- I'm assuming you have not been working in Canada since dropping out of school.
- I don't know what a "wedding kiss" photo is. IMO it's going to be more important to have a few family members / friends attend your ceremony (vs. this photo). Have a small reception afterwards at a restaurant or something.
 
May 25, 2023
18
6
Are you a US citizen or a citizen of another country? If not a citizen what is your current status in the US. Were you banned from reentering the US for 10 years once you left? Assume your parents are undocumented in the US? How long have they been living there without status?

What is your current status in Canada? You mention that you withdrew from school when you had youraccident? What happened after that. If you didn’t return to school would have lost your status in Canada. How were you receiving medical care if you stopped studying and what provinces were you living in? Do stilll live in the same province. Did you notify CRA when you became common law? If not you need to notify them and declare when you became common law.

You seem to have plenty of evidence or being in a true relationship. Having lived separately for a few year before eventually moving in together isn’t an issue. Need some more answers to clarify your situation a bit more.
Thanks for your response! To answer your questions:
I am a US citizen and my parents are both US citizens; they just do not have passports, which is why they cannot come into Canada.

I currently do not have status in Canada. Got my surgeries, etc taken care of before I officially withdrew from school, and now I am paying out of pocket for physical therapy. Was living in and still currently live in Ontario.

It's my understanding that we will not become common law until after 12 months of living together -- is that correct? If so, we are at 10 months of living together now and will declare to CRA in 2 months.
 
May 25, 2023
18
6
- The fact you have lived together for two years definitely works in your favour. Provide evidence of this in several forms.
- I'm assuming you have not been working in Canada since dropping out of school.
- I don't know what a "wedding kiss" photo is. IMO it's going to be more important to have a few family members / friends attend your ceremony (vs. this photo). Have a small reception afterwards at a restaurant or something.
Thank you! Yes, correct - have not been working here. I have been taking online courses through a U.S. university. I read somewhere that IRCC sees it as a red flag if a couple does not submit a photo of them kissing at their wedding -- I thought it was weird when I read it, but if that's what they want, then I can oblige. Good to know that other stuff like celebrating at a restaurant with friends afterwards can build the case a little better.
 

Ponga

VIP Member
Oct 22, 2013
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Will just add that while a PR applicant needs legal status, that requirement is waived if submitting an Inland (SCPLC) application. A person that [may have] worked or studied without authorization in Canada would also benefit from the `Public Policy' because a person that has a `lack of status' includes a visitor, student or worker...that did not maintain their legal status and or worked/studied without authorization.

While it's not an absolute guarantee that you will not be removed from Canada, it is a policy that IRCC and CBSA are very much aware of.

Good luck!
 
May 25, 2023
18
6
Will just add that while a PR applicant needs legal status, that requirement is waived if submitting an Inland (SCPLC) application. A person that [may have] worked or studied without authorization in Canada would also benefit from the `Public Policy' because a person that has a `lack of status' includes a visitor, student or worker...that did not maintain their legal status and or worked/studied without authorization.

While it's not an absolute guarantee that you will not be removed from Canada, it is a policy that IRCC and CBSA are very much aware of.

Good luck!
Thanks so much! Keeping my fingers crossed for a quick and smooth application process for myself, and looking forward to [hopefully] finally becoming legal here again shortly. It's been bad enough dealing with the accident + injuries -- mixing in being out of status in a foreign country has made it extra rough.