Common Law Partner Denied but no word about me, he is principle applicant

[dash88]

Our daughter is sponsoring us for PRC we are presently in Canada on Visitor Visa, After 5 years waiting Common Law Partner Denied due to health reasons but no word about me, I'm in good health, will I also be denied because he is the primary applicant? They said there were going to send an appeal letter and refund, but it never came, its over a month now, what to do.

 

[scylla]

If your common law partner was denied due to health issues then this means you will automatically be denied as well. Either both of you pass the medical and receive the PR visa - or neither of you receive the PR visa. It doesn't matter who the primary applicant is.

 

[dash88]

So if my common-law goes back can I reapply as only the mother wanting prc? will it be 5yrs again wait time?

 

[jomz]

unfortunately no, if you are legally married or common-law with your spouse your daughter must include you both in the application and even if your spouse will not come to Canada, would still need to go through the medical.

Only way would be to separate/divorce, and in this case, your daughter can apply to only sponsor you. In doing this, your spouse (ex spouse) will never be able to be sponsored under the Family Class.

I do not have much experience in this, would love to hear comments from the most senior members.

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[zardoz]

unfortunately no, if you are legally married or common-law with your spouse your daughter must include you both in the application and even if your spouse will not come to Canada, would still need to go through the medical.

Only way would be to separate/divorce, and in this case, your daughter can apply to only sponsor you. In doing this, your spouse (ex spouse) will never be able to be sponsored under the Family Class.

I do not have much experience in this, would love to hear comments from the most senior members.

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This will, under the circumstances, almost certainly cause a red flag as a "separation of convenience", so not even worth considering. I'm sorry but if an appeal fails, you are out of options realistically.

 

[scylla]

So if my common-law goes back can I reapply as only the mother wanting prc? will it be 5yrs again wait time?

What others have said. This will only work if you can prove that you and your common law partner have truly separated and are no longer a couple. If you are successful in being sponsored and become a PR, you will never be able to sponsor your ex-common law partner.

And yes - you will have to apply again from scratch and wait however many years it takes. Also, the rules for parent/grandparent sponsorship have changed - so you'll want to review those to see if you still qualify to be sponsored.