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PRRA

DanieliNery

Newbie
May 4, 2022
5
0
Hi! I wonder if someone could help me.
I’m original from Brazil and yesterday my Refugee Claim was eligible because I already have a claim in the US (I lived there for almost 4 years) but my process wasn’t done yet, I was waiting (for 3 years) for my last interview. Last year I was diagnosed with ovarian Cancer still in California and I didn’t have insurance, it could cost $70.000+ for my surgery so I decided to try coming to Canada (since my fiancé is Canadian) but of course I wasn’t able to have access to the hospital so in 4 days we had to go to Brazil (my tumor (which had 19cm) was just growing and at that point I need an emergency surgery).
I went to Brazil together with my fiancé and we spent 2 months there until I totally recovered from the surgery so we came back to Canada (I had an ETA visa).

I wonder if even though my PRRA is denied if I still have the possibility to apply for a common-law status since I will complete 1 year leaving together with my fiancé in July. We don’t have plans to get married this year, we had scheduled our marriage for March 3, 2023.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi! I wonder if someone could help me.
I’m original from Brazil and yesterday my Refugee Claim was eligible because I already have a claim in the US (I lived there for almost 4 years) but my process wasn’t done yet, I was waiting (for 3 years) for my last interview. Last year I was diagnosed with ovarian Cancer still in California and I didn’t have insurance, it could cost $70.000+ for my surgery so I decided to try coming to Canada (since my fiancé is Canadian) but of course I wasn’t able to have access to the hospital so in 4 days we had to go to Brazil (my tumor (which had 19cm) was just growing and at that point I need an emergency surgery).
I went to Brazil together with my fiancé and we spent 2 months there until I totally recovered from the surgery so we came back to Canada (I had an ETA visa).

I wonder if even though my PRRA is denied if I still have the possibility to apply for a common-law status since I will complete 1 year leaving together with my fiancé in July. We don’t have plans to get married this year, we had scheduled our marriage for March 3, 2023.
It's definitely possible for your partner to sponsor you as common law after you have lived together continuously for at least one year. You'll need to make sure you have evidence to prove the full year of cohabitation.

The sponsorship application won't stop you from being removed from Canada. It's probably best to apply using the outland process once you qualify. That way if you are removed, the application can still be processed and you can then return to Canada once your PR visa is approved through spousal sponsorship. If you apply inland and are removed, this will cancel the inland application and you'll have to reapply from scratch.
 
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DanieliNery

Newbie
May 4, 2022
5
0
Thank you so much for your answer.
But the fact that I’m at risk in my country doesn’t even give me the option to go back, if I go back my fiancé is going with me and her life is gonna be at risk too.
Going back to Brazil isn’t even an option.
Do you think if there’s a way to do that inland?
We share all the bills, we are in this relationship for more than a year, she feels extremely uncomfortable when we knew that (for the immigration) there’s a possibility to send “us” to Brazil.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you so much for your answer.
But the fact that I’m at risk in my country doesn’t even give me the option to go back, if I go back my fiancé is going with me and her life is gonna be at risk too.
Going back to Brazil isn’t even an option.
Do you think if there’s a way to do that inland?
We share all the bills, we are in this relationship for more than a year, she feels extremely uncomfortable when we knew that (for the immigration) there’s a possibility to send “us” to Brazil.
You can certainly apply inland once you have reached the 1 year of continuous cohabitation in July and are officially common law. But again, even with an inland application in progress, you can still be removed from Canada.

For the evidence to prove you have lived together for 1 full year for common law, make sure you have evidence that dates back the full year (i.e. joint lease that dates back a full year, joint bank accounts that date back a full year, joint utility bills that date back a full year, other evidence from last July that shows you started having the same shared address in that month).
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Thank you so much for your answer.
But the fact that I’m at risk in my country doesn’t even give me the option to go back, if I go back my fiancé is going with me and her life is gonna be at risk too.
Going back to Brazil isn’t even an option.
Do you think if there’s a way to do that inland?
We share all the bills, we are in this relationship for more than a year, she feels extremely uncomfortable when we knew that (for the immigration) there’s a possibility to send “us” to Brazil.
The fact that you did return for medical care can be used against your claim that it is too unsafe for you return to Brazil. You will also have to show that there is not part of Brazil that is safe for you. You actually got quite lucky that you were able to enter Canada after claiming asylum in the US.
 
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