Procedural Fairness Letter
- Thread starter niks_
- Start date
We never lived together.
We know each other from back home.
Both of us and bunch of our friends applied for same course in same collage in canada So when we arrive here we rent a house instead of living separately we all decided live at one place
We do live under same address but there is nothing like common law among us . He shared room with one of his friend and i share room with my friend.
But our representative mention that we live together thats it and now ircc state that we are in common law as we have been living together and during my pr application i didnt declare my partner so i cant spousor him.
We know each other from back home.
Both of us and bunch of our friends applied for same course in same collage in canada So when we arrive here we rent a house instead of living separately we all decided live at one place
We do live under same address but there is nothing like common law among us . He shared room with one of his friend and i share room with my friend.
But our representative mention that we live together thats it and now ircc state that we are in common law as we have been living together and during my pr application i didnt declare my partner so i cant spousor him.
It is going to be very hard to convince IRCC that you weren’t living together as a couple for years before you married. Even when people have originally rented separate rooms couples tend to move into one room at a certain point although the may keep the extra room. The fact that your first application indicated that you were living together creates problems. You need to provide strong evidence to prove that you were not sharing a room together. Does your lease specify who is living in which bedroom? You’ll need letters from the other roommate breaking down the sleeping arrangements over time. When did you move out of the shared house? What kind of property did you rent afterwards? No matter what you had to update your CRA profiles once you were married so you need to both update that and indicate you’ve been married since May 2021
Hi niks
Any update here. I am in the same boat. Got PR in July 2020 and in 2023 Applied outland application for my spouse but didnt know to add him as common law before landing . I got a call from asking why i didnt declare him as common law partner and she said she will add some notes but i guess she will refuse.
Are you hiring a lawyer ? Let me know too if yes
Can your spouse qualify for PR on their own through an economic immigration progam like Express Entry? Generally this isn't a problem that a lawyer can fix.
1. You are asked in the forms you fill out if you are in a relationship.
2. They ask you again when they request your passport.
3. You are asked again when you land and sign the COPR.
You had 3 opportunities and you lied all 3 times? That's why you will be refused and banned for sponsoring your spouse.
Hi,
I received my PR in December 2020 as a single applicant and my citizenship in 2024, also declaring myself as single, assuming that my records were aligned accordingly.
In March 2024, I applied for my common-law sponsorship under the Family Class category. My partner and I have been living together since June 2019. However, due to our different religious backgrounds (my partner is Hindu, and I am Muslim), I was uncertain about the future of our relationship until recently. We faced many ups and downs, and we wanted to get approval from our parents, which unfortunately never happened. As a result, we decided to get engaged in March 2024, shortly after receiving my AOR for citizenship in February 2024.
Now, the visa officer has raised concerns that I, as the sponsor, failed to disclose my common-law partner during my PR application, which I fully understand. At the time, we did not consider it, given the complexity of our relationship.
I have received a Procedural Fairness Letter (PFL) from IRCC, stating the following:
"Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.
Section 125(1) of the Regulations indicates that a foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if:
(d) subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident, and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined."
I am struggling to explain to the visa officer that in India, interfaith relationships and marriages are extremely difficult. Such unions are rarely accepted by parents and society, and this creates immense pressure, especially for women. This was a major reason for my hesitation in acknowledging our relationship earlier.
Before the PFL was issued, the visa officer requested a relationship timeline, where we mentioned our positive experiences and that we have been living together as a couple since June 2019. Now, the visa officer is using that timeline to argue that I failed to disclose my common-law relationship when I received my PR in December 2020, which jeopardizes my ability to sponsor my spouse in Canada.
I would be extremely grateful if anyone with experience in this type of situation or knowledge of the matter could offer advice on how to write my final PFL response. My spouse’s work permit is nearing expiration, and she has no one back home to support.
If anyone has any feedback or information please respond
I received my PR in December 2020 as a single applicant and my citizenship in 2024, also declaring myself as single, assuming that my records were aligned accordingly.
In March 2024, I applied for my common-law sponsorship under the Family Class category. My partner and I have been living together since June 2019. However, due to our different religious backgrounds (my partner is Hindu, and I am Muslim), I was uncertain about the future of our relationship until recently. We faced many ups and downs, and we wanted to get approval from our parents, which unfortunately never happened. As a result, we decided to get engaged in March 2024, shortly after receiving my AOR for citizenship in February 2024.
Now, the visa officer has raised concerns that I, as the sponsor, failed to disclose my common-law partner during my PR application, which I fully understand. At the time, we did not consider it, given the complexity of our relationship.
I have received a Procedural Fairness Letter (PFL) from IRCC, stating the following:
"Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.
Section 125(1) of the Regulations indicates that a foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if:
(d) subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident, and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined."
I am struggling to explain to the visa officer that in India, interfaith relationships and marriages are extremely difficult. Such unions are rarely accepted by parents and society, and this creates immense pressure, especially for women. This was a major reason for my hesitation in acknowledging our relationship earlier.
Before the PFL was issued, the visa officer requested a relationship timeline, where we mentioned our positive experiences and that we have been living together as a couple since June 2019. Now, the visa officer is using that timeline to argue that I failed to disclose my common-law relationship when I received my PR in December 2020, which jeopardizes my ability to sponsor my spouse in Canada.
I would be extremely grateful if anyone with experience in this type of situation or knowledge of the matter could offer advice on how to write my final PFL response. My spouse’s work permit is nearing expiration, and she has no one back home to support.
If anyone has any feedback or information please respond
Hire a very good immigration lawyer to help you with next steps. Regardless of the rules in the country you were residing, if you lived together for a year or more with a partner then you were classified as common law for Canadian immigration purposes and were required to add your common law partner to your application before landing and becoming a PR. The timeline you provided as part of the sponsorship application unfortunately makes it clear you were common law before obtaining PR. This means you failed to declare your partner before landing and can never sponsor your partner for PR.
Please work with a good lawyer to respond. The odds are unfortunately against you here.
Does your partner qualify to apply for PR on their own through Express Entry or another economic immigration program?
She might qualify for canadian experience class as she has worked in canada for the last 3 years and has studied here . Her crs score is about 500 as we had checked if we exclude the backhome work experience but if we include that it is going above 540, the only problem is she doesn’t have the title mention which lies in teer 0 1 2 3 on her outside canada work experience but her job responsibilities match in teer 3. So not sure how to handle that part .
Just to clarify: you and your spouse have been living together in Canada since June 2019? This will be a harder case to make since you were both in Canada (and before that?) and should have been aware that the different religious backgrounds have no bearing here, and the concept of common law.
I concur with @scylla - you need a good lawyer, and you should assume that the baseline is that you may not be able to sponsor your spouse. Your best bet may therefore be to have her qualify on her own.
That said, it still makes sense to get help from a lawyer to provide the best answer you can to the PFL. It's not impossible (I think) for them to choose to be lenient - but do not rely on it.
I would have her set up an EE profile asap. For the experience from outside of Canada, what matters is the job duties and not the title. If her job duties match and she can get an experience letter from her employer and prove the work experience through salary payments, then I don't see why she cannot claim this.
Make sure she is only claiming job offer points if she has an approved LMIA from her employer. Also make sure she isn't claiming any points for you.
My wife Got pr in 2022 and then we married and informed our agent about this. He assured us that he will be raised a web form. But didnt. The same agent applied for my spousal application and now we received a PFL letter. We hired a imigration lawyer and he submitted the response. What is the chances ??????
Did you get married before your wife landed and became a PR? If so, submitting a web form would not have been sufficient. Your wife needed to add you to her application before landing. This would have included you providing PCCs and completing and passing a medical.
Can you confirm that you got married before your wife became a PR?
Her landing was in dec 2022 and we got married in sep 2022. So yes before landing we got married. After 1.5 half year the same agent applied for my spoucal pr apllication. And I have done with my medical and pcc in march 2024. At the time of eligblity check (August 2024) i got a PFL that you are not consider under family class.