When did you make the H&C request? I'm not clear on that vs. when you received the PFL.
PFL after H&c request
- Thread starter Princegh
- Start date
Spousal application in December 2019
October 2020 got a letter from them for divorce certificate n explanation.
Made submissions and in that submission request me H&c consideration if found to hv misrepresented n exemption from family class requirements . This was in December 2020.
October this year got plf
October 2020 got a letter from them for divorce certificate n explanation.
Made submissions and in that submission request me H&c consideration if found to hv misrepresented n exemption from family class requirements . This was in December 2020.
October this year got plf
So in that case they made a decision not to make a misrepresentation finding but they are not giving you an exemption from the family class requirements. There's no official notification regarding the H&C considerations. Obviously good news that you don't have a misrepresentation ban.
I still don't see the point in appealing. You didn't qualify as either married or common law at the time you applied so I think appealing will be a waste of time. IRCC's decision was correct.
I would go with the new application.
Your call of course.
The PFL is an intent to deny your application. Basically they are asking you for evidence to prove you were either legally married or common law at the time you submitted your application.
They hv that info already. Infact they stated that in the Pfl that I didn’t meet both requirements.
Yes. They are basically giving you one last chance to provide this evidence before they refuse your application.
Seems like you have a smart lawyer. I recommend you go with your lawyers recommendation on this, as there is no apparent disadvantage to you in doing this.
Ultimately it's your decision whether to or not and I wish you good luck. However, what is your hesitation regarding your lawyers recommendation?
Ultimately it's your decision whether to or not and I wish you good luck. However, what is your hesitation regarding your lawyers recommendation?
In my opinion it's too late to withdraw. You need to respond to the PFL and then wait for IRCC to make a decision in your application. Based on what we've seen here, IRCC won't accept a withdraw request once a PFL is in play. But if your lawyer says otherwise, then give it a shot.
Assume that you are not working illegally so it is important that your wife goes backto work unless she is getting her full salary on maternity leave or either of you have substantial savings. You will need to show that you can support yourselves without government help and maternity EI is not a large amount unless the employer “tops up” the payment.