PFL after H&c request

[Princegh]

background story
So I came to Canada in 2018 on visitors visa. I met my wife n in July 2019 got married. We put in an application for pr in December 2019. In October 2020 I got a letter from immigration requesting for my wife’s previous marriage divorce certificate and explain why which didn’t state in the application that she has been previously married( this is the first time I’m hearing my wife was ever married n tried to bring her spouse to Canada)we contacted a lawyer who requested to be exempted from misrepresentation n not being a member family class. We cld do this cuz we welcomed our son 3 weeek after we received the letter. Fast forward we waited for almost 2 years to get a PFL.
In the PFL they didn’t find us for misrepresentation rather they are finding me for not being a member of the family class therefore not being eligible and also couldn’t coonsider me as common law cuz at the time of the application we had not established a common law relationship.
my lawyer has given me 2 options
1…We go ahead with the old application and ask if they considered my earlier request to be exempted. And update them on my current circumstance( we are expecting another baby in 4 weeks.
2… we withdraw the application and put in a fresh application cuz now we meet the requirement. We can proof our relationship to be common law.
I asked him what better. He prefers the option 2 cuz it”cleaner” and not complex.He thinks option 1 is more discretionary and so wants to avoid it.
I hv 2 days to mk a decision which option to go ahead with as I hv 2 weeks left to respond to the officer concern .

 

[scylla]

background story
So I came to Canada in 2018 on visitors visa. I met my wife n in July 2019 got married. We put in an application for pr in December 2019. In October 2020 I got a letter from immigration requesting for my wife’s previous marriage divorce certificate and explain why which didn’t state in the application that she has been previously married( this is the first time I’m hearing my wife was ever married n tried to bring her spouse to Canada)we contacted a lawyer who requested to be exempted from misrepresentation n not being a member family class. We cld do this cuz we welcomed our son 3 weeek after we received the letter. Fast forward we waited for almost 2 years to get a PFL.
In the PFL they didn’t find us for misrepresentation rather they are finding me for not being a member of the family class therefore not being eligible and also couldn’t coonsider me as common law cuz at the time of the application we had not established a common law relationship.
my lawyer has given me 2 options
1…We go ahead with the old application and ask if they considered my earlier request to be exempted. And update them on my current circumstance( we are expecting another baby in 4 weeks.
2… we withdraw the application and put in a fresh application cuz now we meet the requirement. We can proof our relationship to be common law.
I asked him what better. He prefers the option 2 cuz it”cleaner” and not complex.He thinks option 1 is more discretionary and so wants to avoid it.
I hv 2 days to mk a decision which option to go ahead with as I hv 2 weeks left to respond to the officer concern .

Ultimately I would recommend you listen to your lawyer.

IMO it's going to be very difficult to be accepted under H&C if IRCC doesn't accept you as either married or common law. Reapplying is probably the better path based on what you've described.

 

[Princegh]

Thanks boss. What’s IMO pls? In case I decide to go ahead do u know how long the wait time cld b? Considering I requested H&c 2 years ago but was silence on my Pfl.

 

[Princegh]

Can I put in a fresh application if the I’m denied?

 

[Princegh]

when we first made the H&c request my file was in Missaug. The Pfl is coming from Etobicoke after almost 2 years

 

[scylla]

Thanks boss. What’s IMO pls? In case I decide to go ahead do u know how long the wait time cld b? Considering I requested H&c 2 years ago but was silence on my Pfl.

IMO = in my opinion

I don't know what this means "wait time cld b".

 

[scylla]

when we first made the H&c request my file was in Missaug. The Pfl is coming from Etobicoke after almost 2 years

That's normal. Cases with issues are often transferred to Etobicoke. Processing times are longer than normal right now. Your application is non-standard and so took even longer.

 

[Princegh]

I meant to get a decision from ircc.

 

[Princegh]

Ultimately I would recommend you listen to your lawyer.

IMO it's going to be very difficult to be accepted under H&C if IRCC doesn't accept you as either married or common law. Reapplying is probably the better path based on what you've described.

I’m the whole point of our request was to exempt us from that requirement. Because we anticipated they were going t find us for misrepresentation n not being a member of the family class. My wife n I are welcoming our second child, my wife bought a new hse. She also has to kids( not from the guy he married) I hv also live in my home country in the last 8 years.

 

[scylla]

I’m the whole point of our request was to exempt us from that requirement. Because we anticipated they were going t find us for misrepresentation n not being a member of the family class. My wife n I are welcoming our second child, my wife bought a new hse. She also has to kids( not from the guy he married) I hv also live in my home country in the last 8 years.

Your situation is complicated. I would do whatever your lawyer is recommending.

 

[Princegh]

Your situation is complicated. I would do whatever your lawyer is recommending.

Okay.. Thanks

 

[Princegh]

Okay.. Thanks

Quick question. Was ircc supposed to open another file for me after I requested for H&c? If yes i I don’t receive any file number yet. If no why were they silent on the my request when they wanted my wife divorce certificate from her previous marriage and explanation as to why it wasn’t indicated in the present one.

 

[scylla]

Quick question. Was ircc supposed to open another file for me after I requested for H&c? If yes i I don’t receive any file number yet. If no why were they silent on the my request when they wanted my wife divorce certificate from her previous marriage and explanation as to why it wasn’t indicated in the present one.

No, it's not a new file / application. It's the same application. You've just requested that it be processed with H&C considerations.

I'm not sure what you mean by "why were they silent on my request". I'm not sure which request you're referring to. Are you referring to the request for H&C consideration?

 

[Princegh]

Yes… the only connection the pfl has with request(H&c) is they mentioned that I gave info that my wife didn’t hv a divorce certificate. This info was part of my submission

 

[Princegh]

I’m sure they accepted the explanation otherwise they hv hv found me to hv misrepresented. And it was clear misrepresentation