Conjugal partner application rejected...and now?

[Alberto70]

Thank you very much scylla for your reply

 

[kiwicanuck]

No - kiwicanuck wouldn't be authorized to work in Canada because the sponsor has been approved. When using the outland process, you are only allowed to work once the application has been fully processed, PR has been approved for the applicant and the applicant has landed in Canada as a permanent resident.

Kiwicanuck may be able to work as a result of the student visa (which typically allows students to work part time once they have completed six months of study).

But receiving sponsor approval for an outland application gives you nothing in terms of a work permit.

Scylla is right. I am allowed to work on campus due to the terms of my study permit, but this is separate from the sponsorship approval

 

[computergeek]

Hello everyone,

me and my partner are very depressed, we are unable to find the right solution.
We are thinking it through to find a solution without a drastic decision.
We plan to marry but we want to know before we do, what is the best way to do the application.
This is our current situation:

- We requested an appeal for our rejected conjugal partner application
- We plan to marry and finally live together without having to rely on stupid, horrible, distant skype conversations and other similar things.

Well, we thought of requesting a Visa Holiday Work permit (IEC, for Italy it is 6 months in duration), get married immediately (in Canada) and apply under spouse category.

We have two questions for you:
Is it possible to apply outland when a partner is formally in Canada with a Visa Holiday permit?
Is it better to apply as outland or inland?

The timing for outland is 2 months (first step) and 11 months (second step), for inland is about 20 months, right?
But in case of outland solution, could the sponsored partner work while on the working holiday permit?


After the Visa Holiday I could remain in Canada like a tourist for other 6 months, so in total 12 months and after I hope that our application will be approved.

Thanks a lot for any advice and for your reply.

Bye.

What are your own skills? While people routinely say "you cannot work in Canada" they mean "unless you can find an employer willing to obtain an LMO." Depending upon where your partner lives, you may find that your skills are in high demand and employers have an open LMO. For example, I saw this exact case recently with a Canadian woman with a husband who was a US licensed electrician. In Alberta, finding an employer with an open LMO was not a problem. If you came over on an IEC, you could use the six months trying to find a suitable employment situation.

Depending upon your skills, it may also be possible for you to have your partner set up a business and obtain an LMO for you. This is legal, but does require a skill set and ability to work freelance. Again, the viability of this really does depend upon your own specific set of skills.

What you can't do is be employed without a work permit (or permanent residency).

If you visited Canada and married your partner and started the application process, and then returned home for 3-4 months and THEN came to Canada on an IEC, that might also work out well timing-wise. At the present time, Rome takes the same about of time as Buffalo (80% of applications in 11 months) so if you have a clearly organized and well prepared application, you are more likely to fall into the 50% of applications (which is about 6 months, so 8 months total, including the 2 months for sponsorship approval) category. That would mean you'd get PR near the end of your IEC period - problem solved.

Note that you do not need to live together for spousal sponsorship - you merely need to demonstrate that the relationship is genuine. It sounds like genuineness was not an issue, it was the lack of legal impediments to being together. That suggests to me that you won't have an issue once you are married.

You COULD wait for the appeal, but odds are that you'd be DONE with spousal sponsorship before you get to an appeal. With the IEC option, you would be apart for 3-4 months NOW, but then you'd be together. The current scheme you have pretty much guarantees you won't be together for at least 12 months, possibly longer if the appeal is denied.

Good luck!

 

[Alberto70]

Hi again ,
thank you very much for all replies.
I want to write some news about our application and I would like other advice from you

In the month of June we had our ADR but it was rejected , however...there is a but.... , last month (August) we got married in Toronto (we are very happy about this ).
In your opinion...what should we do?
We have an open conjugal partner application appeal, can we request a new ADR?
If not, are there any chances to win the appeal with this new proof?
Does a new application under the spouse category mean:
1) Wait (max) 60 days for the first step
2) Wait (max) 14 months for the second step (Rome)
3) Re-fill all documents, resend all documentations (photo, logs, ecc.)
4) Pay the first tax and wait for the second one reimbursement

Thank you very much, now we see the light to (finally) stay together
Bye

 

[computergeek]

In the month of June we had our ADR but it was rejected , however...there is a but.... , last month (August) we got married in Toronto (we are very happy about this ).
In your opinion...what should we do?
We have an open conjugal partner application appeal, can we request a new ADR?
If not, are there any chances to win the appeal with this new proof?
Does a new application under the spouse category mean:
1) Wait (max) 60 days for the first step
2) Wait (max) 14 months for the second step (Rome)
3) Re-fill all documents, resend all documentations (photo, logs, ecc.)
4) Pay the first tax and wait for the second one reimbursement

If I were in your shoes, I would start the new application now. Yes, it is a bit of work, but the second time you complete an application is much faster than the first time - hopefully you kept a copy of everything, that makes it MUCH easier. You still need to obtain new original documents, of course, so there is additional effort and expense (new application fee). Indeed, the fact that you are now married might be used to argue against your conjugal filing (although my guess is that your partner obtained the TRV to attend the hearing, so they can't really argue that persuasively.) Instead, I'd focus on getting through with the process as quickly as possible.

If you continue with the IAD process you must wait for your IAD hearing; that is likely at least a year away and there is no guarantee that you will be successful. You aren't required to abandon the IAD appeal - you could allow the new application and old application to continue at the same time. It's unusual, but allowed under the rules.

Good luck!

 

[Alberto70]

Thank you very much for your advice and opinion computergeek ...we may opt for that route.

 

[AnaMaria]

Just a reminder, some forms have been updated since you applied originally. Make sure you use the latest forms (with bar code).

 

[Alberto70]

Just a reminder, some forms have been updated since you applied originally. Make sure you use the latest forms (with bar code).

Thank you AnaMaria

 

[rjessome]

If I were in your shoes, I would start the new application now. Yes, it is a bit of work, but the second time you complete an application is much faster than the first time - hopefully you kept a copy of everything, that makes it MUCH easier. You still need to obtain new original documents, of course, so there is additional effort and expense (new application fee). Indeed, the fact that you are now married might be used to argue against your conjugal filing (although my guess is that your partner obtained the TRV to attend the hearing, so they can't really argue that persuasively.) Instead, I'd focus on getting through with the process as quickly as possible.

If you continue with the IAD process you must wait for your IAD hearing; that is likely at least a year away and there is no guarantee that you will be successful. You aren't required to abandon the IAD appeal - you could allow the new application and old application to continue at the same time. It's unusual, but allowed under the rules.

Good luck!

If the ADR was in June it's likely that the full hearing won't be as long as a year away. And you should get real legal advice in this. A hearing at the IAD is de novo, meaning that new evidence CAN be submitted. That includes your marriage. You could of course still file another application while waiting to see if you win at full hearing. computergeek is correct about this. But the relationship was already deemed genuine so probably not necessary.

However, I wonder if the original reasons for refusal have changed. The applicant must still intend to become a permanent resident of Canada if refusal is overturned and since neither of you was willing to leave your jobs previously, are you now? You may have already addressed this and I apologize for not reading closely. Long day.

 

[lonely2011]

You will win your appeal for sure, it's much harder to win ADR
I won my ADR but I was able to prove I had legal impendiment at the time, they try to rip you apart anyways
This is what I do not understand
If you check Sponsorship appeals Immigration and Refugee protection act, chapter 5, page 20 Conjugal Relationship it clearly states that "prior to making the sponsorship application, the partners do not have to be married or live in a common-law relationship, even if that would have been possible"
How come CIC is not govern by the same Immigration and Refugee protection act?

 

[computergeek]

And you should get real legal advice in this.

I agree 100% on this point and indeed I'd assumed that the OP had counsel working with the IAD appeal (I'd not go into an appeal situation without an experienced attorney).

But the relationship was already deemed genuine so probably not necessary.

I thought this was the crux of the rejection- that CIC did not believe the relationship was genuine. Of course, that rationale doesn't work so well once they're legally married.

Using an ADR hearing as a reason to enter Canada in order to marry a same-sex partner is an interesting approach. Kudos to the OP for that insight.