Common law refusal then marriage questions

[Bethlock]

A friend of mine applied to bring his common-law spouse to Canada but it was denied due to lack of proof the relationship was marriage like. They have a 10-year-old child together but have never really lived together for more than a few weeks. If he goes over and marries her now can he reapply for spousal supports or ship or is it likely they will get denied again?

 

[scylla]

A friend of mine applied to bring his common-law spouse to Canada but it was denied due to lack of proof the relationship was marriage like. They have a 10-year-old child together but have never really lived together for more than a few weeks. If he goes over and marries her now can he reapply for spousal supports or ship or is it likely they will get denied again?

Yes, he can reapply. If IRCC says they were never common law and they subsequently get married, then the second application should be approved.

 

[Bethlock]

Yes, he can reapply. If IRCC says they were never common law and they subsequently get married, then the second application should be approved.

Even if they are doubting the relationship? I mean yes they have a kid together, but I don’t think they have any other proof of relationship other than text messages..

 

[scylla]

Even if they are doubting the relationship? I mean yes they have a kid together, but I don’t think they have any other proof of relationship other than text messages..

Do you have access to the detailed case notes for the refusal (i.e. GCMS notes)? What do they say?

My guess is that the application wasn't refused due to poor relationship evidence but because IRCC said they weren't common law (which makes sense if they haven't lived together for one year continuously). To be classified as common law, you need to provide evidence that you have lived together for one year continuously. Evidence would normally include things like joint property ownership / join leases, joint bank accounts, joint utility bills. If they have only lived together for a few weeks, they they aren't common law and it makes perfect sense the application was refused.

If they get married, the lack of cohabitation is no longer an issued and the application can be approved without showing a year of living together. They still of course need to provide evidence that they are in a relationship.

Do you have their GCMS notes? What did the GCMS notes say with regards to why the application was refused?