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Sponsorship Common-Law Partner rejected
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zapcanada View Drop Down
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Joined: 01 Oct 2010
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Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote zapcanada Quote  Post ReplyReply Direct Link To This Post Topic: Sponsorship Common-Law Partner rejected
    Posted: 01 Oct 2010 at 10:37pm
After we received my partner's letter to send passport, I returned to Canada (after 1 & half years) only to find that CIC, Miss had sent a refusal to New Delhi..

The Immigration regulations (exasperating, no doubt!) state that the sponsor MUST BE in Canada while the application is processed.

Now, my wife (we had a civil marriage and we are under suspicion because our surnames are different..) and I have no choice but for me to travel back and forth, incurring lot of expense. I am posting this as I will be re-applying but to make sure that I do it RIGHT this time.. any pointers are welcome..

I am in IT and starting a business..
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audball View Drop Down
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Joined: 26 Jan 2010
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Points: 1018 		Post Options Post Options   Thanks (0) Thanks(0)   Quote audball Quote  Post ReplyReply Direct Link To This Post Posted: 02 Oct 2010 at 12:38pm
are you a PR or citizen?
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pmm View Drop Down
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Points: 2279 		Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 02 Oct 2010 at 1:34pm
Hi

Originally posted by audball audball wrote:

are you a PR or citizen?


I would bet that It appears the OP is a PR and was probably outside Canada, so the spousal PR was refused.
PMM
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zapcanada View Drop Down
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Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote zapcanada Quote  Post ReplyReply Direct Link To This Post Posted: 02 Oct 2010 at 9:16pm
I am a PR.. so what would be the best case scenario to get PR for my wife within a year?
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audball View Drop Down
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Joined: 26 Jan 2010
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Points: 1018 		Post Options Post Options   Thanks (0) Thanks(0)   Quote audball Quote  Post ReplyReply Direct Link To This Post Posted: 02 Oct 2010 at 11:20pm
Originally posted by pmm pmm wrote:

Hi

Originally posted by audball audball wrote:

are you a PR or citizen?


I would bet that It appears the OP is a PR and was probably outside Canada, so the spousal PR was refused.


Thought so but wanted to be sure

OP, redo the medical and clearances asap and get the app in. Along with proof that you have settled back into canada(lease, job, etc).

Hopefully the process will be done quickly since CIC has already seemed to determine that you guys are in a genuine relationship, etc. That SHOULD still be on record so I hope the process is speedy.

Good luck
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Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote zapcanada Quote  Post ReplyReply Direct Link To This Post Posted: 05 Oct 2010 at 7:01am
Thanks for reply.. and this is where it gets complicated.
We are in the process of starting a firm doing web development. I have to be in India for a while to set things up.. returning only next year and it is important for my wife to come with me for about 3 - 4 months. If we skip PR for some time until my firm is up and running, what would be the best category to apply for her? Thanks again..
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Points: 745 		Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 05 Oct 2010 at 9:39am
It's still fastest to apply to sponsor her as your spouse - but you can't submit the application until you are settled in Canada permanently.  As a PR, you have to be residing in Canada in order to be eligible to sponsor a family member.

Therefore, whether or not your wife can come to Canada with you will depend on whether she can get a Temporary Resident Visa to visit Canada . . . because, if you're going to be in India with her up until the time that she needs to be coming to Canada, there is no way for her to have been approved for permanent status by then.  I'll just say, though, that it's not likely she'll get a TRV - because of the fact that she is married to a Canadian PR and has already applied for PR and it was refused.  They won't believe that she will actually leave Canada again once she gets in, and that's what she has to prove she'll do in order to get a TRV.


Edited by RobsLuv - 05 Oct 2010 at 9:40am
3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!
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Points: 134 		Post Options Post Options   Thanks (0) Thanks(0)   Quote javcil Quote  Post ReplyReply Direct Link To This Post Posted: 05 Oct 2010 at 12:16pm
I'm confused ... the header states 'Common-Law Partner', and initially you refer to her as your partner, but further down state she is your wife and they are suspicious because of different surnames.  Did you get married after you applied for her PR?
Application received in Mississauga Jan. 16/10
Sponsorship approved Feb. 4/10
Received in Ankara ... in process Feb. 24/10
Interview scheduled April 21/10
Visa received Apr. 22/10
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Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote zapcanada Quote  Post ReplyReply Direct Link To This Post Posted: 05 Oct 2010 at 8:06pm
Yeah, I know.. that looks like the only way out.. We did not register our marriage in court as there are some contradictions in Indian law. There is a Hindu Marriage Act and a Muslim one.. and we are neither.. ;-)
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