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Protected person marrying a refugee claimant

Sandra Appiah

Star Member
Feb 9, 2018
82
29
Help me please .
1. can a protected person with permanent residence application in process sponsor a refugee claimant after getting married ?
2. can protected person sponsor the spouse through common law if they live together for one year ?
3.What are the pros and cons ?
4. what other options can they explore ?
please help
 

Vips1410

Star Member
Mar 8, 2021
196
43
Help me please .
1. can a protected person with permanent residence application in process sponsor a refugee claimant after getting married ?
2. can protected person sponsor the spouse through common law if they live together for one year ?
3.What are the pros and cons ?
4. what other options can they explore ?
please help
No Till u get your pr you can’t sponsor anyone .
 

Simba112

VIP Member
Mar 25, 2021
4,332
1,570
Help me please .
1. can a protected person with permanent residence application in process sponsor a refugee claimant after getting married ?
2. can protected person sponsor the spouse through common law if they live together for one year ?
3.What are the pros and cons ?
4. what other options can they explore ?
please help
YES to 1. and 2.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
Help me please .
1. can a protected person with permanent residence application in process sponsor a refugee claimant after getting married ?
2. can protected person sponsor the spouse through common law if they live together for one year ?
3.What are the pros and cons ?
4. what other options can they explore ?
please help
Yes you can add a spouse to your application. A spouse needs to go forward with their own claim until they receive PR or they can be deported. Has the refugee claimants been denied? If so there will be increased scrutiny when it comes to their application to make sure this is a true relationship and not marriage of convenience.
 
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Sandra Appiah

Star Member
Feb 9, 2018
82
29
Yes you can add a spouse to your application. A spouse needs to go forward with their own claim until they receive PR or they can be deported. Has the refugee claimants been denied? If so there will be increased scrutiny when it comes to their application to make sure this is a true relationship and not marriage of convenience.
Hi no the refugee claimant is still waiting for hearing. How do i add my spouse to my PR application. we got married last month. The PR is at 66 % . how do i inform IRCC of marriage and what are the requirements. ? is it better to add spouse now or wait for PR approval. thanks so much
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
Hi no the refugee claimant is still waiting for hearing. How do i add my spouse to my PR application. we got married last month. The PR is at 66 % . how do i inform IRCC of marriage and what are the requirements. ? is it better to add spouse now or wait for PR approval. thanks so much
You need to update your application now no matter what because your status has changed from single to married. Update via webform. The percentages are just an estimate based on previous processing times so I wouldn’t put to much faith on the progress bar. Lots of people hit 100% but their application hasn’t been completed. You get PR before your spouse’s PR gets processed. He should not withdraw his asylum request or he becomes deportable. It also looks much better if his asylum claim is accepted because that alleviates any concerns that he got married to try and secure status in Canada.
 

Sandra Appiah

Star Member
Feb 9, 2018
82
29
Yes you can add a spouse to your application. A spouse needs to go forward with their own claim until they receive PR or they can be deported. Has the refugee claimants been denied? If so there will be increased scrutiny when it comes to their application to make sure this is a true relationship and not marriage of convenience.
You need to update your application now no matter what because your status has changed from single to married. Update via webform. The percentages are just an estimate based on previous processing times so I wouldn’t put to much faith on the progress bar. Lots of people hit 100% but their application hasn’t been completed. You get PR before your spouse’s PR gets processed. He should not withdraw his asylum request or he becomes deportable. It also looks much better if his asylum claim is accepted because that alleviates any concerns that he got married to try and secure status in Canada.
Hello Thank you so much . What should be included in the web form ? Do I include the marriage certificate? Or a simple message of informing you of my change of status? Should I include every detail about the spouse ? I’m sorry for all these questions .
 

Sandra Appiah

Star Member
Feb 9, 2018
82
29
Hello .
IRCC has responded to my web form inquiry about my marriage . They requested to fill some forms to add my spouse . His PRA was rejected and in the process of HNC .
since IRCC has requested for documents to add my spouse , do we-need to go ahead with the HNC ?
Does adding the spouse provide him with status whilst we wait ?
will my PR and his be processed at the same time ? please some body help me
@canuck78 @Ezekieljane @Ponga
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
Hello .
IRCC has responded to my web form inquiry about my marriage . They requested to fill some forms to add my spouse . His PRA was rejected and in the process of HNC .
since IRCC has requested for documents to add my spouse , do we-need to go ahead with the HNC ?
Does adding the spouse provide him with status whilst we wait ?
will my PR and his be processed at the same time ? please some body help me
@canuck78 @Ezekieljane @Ponga
No your spouse will not gain status if you add him to your application. You should submit the forms requested as soon as possible. He currently is deportable even if you file an H&C application. If CBSA contacts him to start the removal process you can ask if they can put the removal on hold waiting for the outcome of your PR application. It is at the discretion of CBSA agent what happens. You should consult a lawyer about what is best for your case. When did you apply for PR? How long did you date before getting married? I assume you have lived together since you got married and have proof that you have proof of a genuine relationship.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
I applied for PR June 2021 . We dated since 2020 n married august 2022 . Started living together November 2021 .
So PR is likely many months away. You didn’t get married soon after meeting so as long as you have proof of your dating relationship, you both were on the lease when you moved in together, proof of your wedding ceremony, etc. you should have plenty of relationship proof. Unfortunately even if you apply for H&C that doesn’t cancel the removal order. Would suggest consulting a lawyer (actually a few because some will tell you to apply for H&C because they want you to hire them to file the H&C) about whether you should apply for H&C or wait for PR to be processed. Perhaps asking whether you should file H&C on your own without a lawyer will eliminate any conflict of interest for the lawyer.
 

Sandra Appiah

Star Member
Feb 9, 2018
82
29
@canuck78 thank you so much . The lawyer is requesting for 5000$ for the HNC.
what would you suggest ? Since HNc will still not stop the removal of it’s applied , n it’s by the discretion of the officer , should we wait ?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
@canuck78 thank you so much . The lawyer is requesting for 5000$ for the HNC.
what would you suggest ? Since HNc will still not stop the removal of it’s applied , n it’s by the discretion of the officer , should we wait ?
Can’t provide legal advice. You don’t have to use a lawyer to file an H&C so that is an option you can consider. Would suggest consulting a lawyer about what you should do but also indicate that you will be filing your own H&C to see what they would recommend without trying to secure your business at the same time. You likely will have to pay for the consultation. As mentioned an H&C application doesn’t automatically put the removal order on hold.
 
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