Common Law Denied , will get married

[Louman64]

My sponsorhip to my common law wife was denied due to lack of cohabitation period , I sent my appeal
3 months ago. IAD called me said that there is no way I can get ADR and I will have to wait for at least 2 years
to have a full hearing. Her advise to me is either withdraw the appeal or get married and then send them my
marriage certificate and then they might give me an ADR. I a now getting married next month what do you think ?

 

[zardoz]

My sponsorhip to my common law wife was denied due to lack of cohabitation period , I sent my appeal
3 months ago. IAD called me said that there is no way I can get ADR and I will have to wait for at least 2 years
to have a full hearing. Her advise to me is either withdraw the appeal or get married and then send them my
marriage certificate and then they might give me an ADR. I a now getting married next month what do you think ?

Why not withdraw the appeal AND get married. Then submit a new application? It might turn out to be quicker...

 

[HeyKenGuy]

waste of two years

withdraw and reapply as married as processing times are >12 months

 

[Louman64]

Thank you so much for your advise...initially applied on Oct 2016...its been so long

 

[Rob_TO]

My sponsorhip to my common law wife was denied due to lack of cohabitation period , I sent my appeal
3 months ago. IAD called me said that there is no way I can get ADR and I will have to wait for at least 2 years
to have a full hearing. Her advise to me is either withdraw the appeal or get married and then send them my
marriage certificate and then they might give me an ADR. I a now getting married next month what do you think ?

You were told 1 year ago this would happen. Why on earth did you ignore all the advice every single person gave you and not only continue with the app, but choose to appeal it??? https://www.canadavisa.com/canada-i...al-fairness-letter.473525/page-2#post-5767170

You may have lived with your current partner a long time, but then you legally separated from them to marry someone else which erased the relevance of your previous cohabitation. And since re-connecting with your current partner, you did not live together 1 year. Your application was rightfully refused. An appeal would have ZERO chance of success. Absolutely none. Would be a complete waste or time and money to appeal.

Abandon your app completely, and do a brand new one as married or after you live together 1 year. You should have started this process by withdrawing your app a year ago.

 

[mikeymyke]

Oh my goodness, even I gave you advice on that thread last year...

You basically wasted an entire year just for not listening to the advice given

 

[JulianaAndrew]

Wow. Just wow.

 

[Louman64]

My apologies to all of you and did not take the advice ...I just miss my family so much thats why I tried sending it
Thank you for all your help

 

[Louman64]

We are going to be married in HK next month ...

 

[Louman64]

So you think even I submitted my marriage contract after we get married they will still deny our
application ?

 

[Rob_TO]

So you think even I submitted my marriage contract after we get married they will still deny our
application ?

Yes they will deny it. You applied as common-law, and you were not common-law. And you would just be wasting years waiting for the appeal still.

You need to abandon your appeal, get married, then submit a brand new application from scratch as a married couple.

 

[mikeymyke]

Yes and please listen to the advice given this time. It would be a huge tragedy if you tried to appeal with a marriage certificate when your app is a common law one.

 

[Louman64]

Thank you yes I will do that...one more question please most of my original documents were submitted when we applied for
common law do I need to get them again for the new application ? once again thank you

 

[Rob_TO]

Thank you yes I will do that...one more question please most of my original documents were submitted when we applied for
common law do I need to get them again for the new application ? once again thank you

What originals? Typically just police certificate should be an original copy, everything else should have been photocopies. When you cancel your appeal, IRCC should send back any original docs from your application but this is not guaranteed.

You will be submitting a new application from scratch, so need to re-do everything. After marriage for new app your spouse will need new medical exam, new police checks, etc etc. You will also need the marriage certificate and photos from the wedding along with any other relationship proofs to convince IRCC the marriage was genuine.

 

[Louman64]

Thanks Rob, I mean such as the remittances that I sent IRCC birth certificates are all originals