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Procedural Fairness Letter

scylla

VIP Member
Jun 8, 2010
95,107
21,662
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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.
So then unfortunately your chances are not good since your wife failed to declare you in her application before landing. Generally speaking, IRCC holds the applicant responsible. There's always some chance and it is good you are working with a lawyer. Good luck.
 
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skyd_13

Newbie
Sep 4, 2024
6
0
So then unfortunately your chances are not good since your wife failed to declare you in her application before landing. Generally speaking, IRCC holds the applicant responsible. There's always some chance and it is good you are working with a lawyer. Good luck.
Thanks. 1 more question how much time it will take and will there be any bad impact on my wife status?
 

scylla

VIP Member
Jun 8, 2010
95,107
21,662
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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.
Just to clarify what I said earlier, your medical and PCCs had to be completed earlier as part of your wife's application and before she landed in Canada and became a PR. Again, to add a spouse to an application, that spouse needs to come complete the medical, provide PCCs, and also complete all of the relevant forms such as personal and travel history. All of this needed to happen BEFORE your wife came to Canada and before she became a PR. This is why you have a problem now. Also, your wife's COPR would have listed her as a single person. She should not have used this COPR to come to Canada and land and become a PR. She was required to return her COPR, wait for you to be added to her application, and then wait for a new COPR to be issued that listed her status as married.

How did she get PR? Through which immigration stream?
 
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scylla

VIP Member
Jun 8, 2010
95,107
21,662
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks. 1 more question how much time it will take and will there be any bad impact on my wife status?
It could take anywhere from a few weeks to over a year to hear back. Whether this impacts your wife's status will depend on how she got PR.
 

armoured

VIP Member
Feb 1, 2015
16,799
8,581
Her landing was in dec 2022 and we got married in sep 2022. So yes before landing we got married.
You spouse signed the COPR upon landing at the airport which did not have you listed, and which has a section saying 'have you any dependents other than those listed below?', and signs a section saying 'I certify all the above statements are true and complete and I understand the conditions imposed.'
 

scylla

VIP Member
Jun 8, 2010
95,107
21,662
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes. Becuase our consultant told us that they submited the web form so there will be no issue...
IRCC typically holds the applicant responsible even if a agent is used. You will have to wait and see what happens with your application. When your wife landed and became a PR, she would have confirmed the information on her COPR was accurate, this included her status being single. This is something she would have done herself and without any involvement from the agent. Hopefully your lawyer provided a rationale for this. Good luck again and let us know how it goes.
 
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Reactions: canuck78 and YVR123

scylla

VIP Member
Jun 8, 2010
95,107
21,662
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Under PNP program
So then her PR is safe. However there is a good chance she will never be able to sponsor you successfully.
 

skyd_13

Newbie
Sep 4, 2024
6
0
IRCC typically holds the applicant responsible even if a agent is used. You will have to wait and see what happens with your application. When your wife landed and became a PR, she would have confirmed the information on her COPR was accurate, this included her status being single. This is something she would have done herself and without any involvement from the agent. Hopefully your lawyer provided a rationale for this. Good luck again and let us know how it goes.
sure thanks
 

armoured

VIP Member
Feb 1, 2015
16,799
8,581
Yes. Becuase our consultant told us that they submited the web form so there will be no issue...
Unfortunately that means very little. Non-Canadian consultants are not regulated by anyone, so they can undertake dishonest or uninformed practices and bear no responsibility whatsoever.

So the lesson is: DO NOT TRUST CONSULTANTS WHO TELL YOU TO LIE.

Signing a form that says the information is true and complete and lists all your family members when you know it is not is a lie. Doesn't matter who told you to do it.