Officer is not satisfied that I am cohabiting in Canada with my sponsor.

[alex00]

Hi,
Can you post your full timeline?
What was your (PA's) status at the time of application and what kind of evidence did you provide to prove your relationship?
I'm thinking there may be more here than meets the eye.

 

[armoured]

I have called ircc the same day. She mentioned the applicant as well as the sponsor can leave canada. There’s no restriction on that

You cannot, unfortunately, rely on answers from the call centre.

 

[canuck78]

I have called ircc the same day. She mentioned the applicant as well as the sponsor can leave canada. There’s no restriction on that

Technically right you can leave Canada but there are no guarantees it won’t impact your application. Also a call centre can’t provide immigration advice.

 

[canuck78]

The OP departed Canada 4 days ago. We've all seen discussions where we tell people that, accoriding to IRCC "short trips" are usually not a problem. How does a 4 day absence from Canada automatically mean the OP "no longer fits the definition on Inland application."?

If they prove they returned after a week or two likely minimal issue but this is not the case here. There is always risk when leaving Canada and IRCC is clearly become more strict in it’s enforcement because many sadly took advantage of Canada’s leniency.

 

[nidhi_2632]

Hi,
Can you post your full timeline?
What was your (PA's) status at the time of application and what kind of evidence did you provide to prove your relationship?
I'm thinking there may be more here than meets the eye.

#Application was submitted on October 12, 2024
#Aor received on November 12, 2024
#Biometric instructions letter January 15, 2025
#Biometric done on January 16, 2025
#This letter was received on February 18, 2025
#Eligibility as a sponsor email received today - February 21, 2025

We have provided every document including insurance, phone bills, car loan, Id proofs with same address on it, social media posts, photos with family & friends.

 

[nidhi_2632]

If they prove they returned after a week or two likely minimal issue but this is not the case here. There is always risk when leaving Canada and IRCC is clearly become more strict in it’s enforcement because many sadly took advantage of Canada’s leniency.

Already have a return ticket but passport is submitted for stamping. Will return the next day when passport is received

 

[armoured]

Already have a return ticket but passport is submitted for stamping. Will return the next day when passport is received

So your plan is to return before the March 20 date indicated? And the only issue is when you get your passport stamped?

 

[nidhi_2632]

So your plan is to return before the March 20 date indicated? And the only issue is when you get your passport stamped?

Yes that’s right. I will come asap the passport comes

 

[alex00]

#Application was submitted on October 12, 2024
#Aor received on November 12, 2024
#Biometric instructions letter January 15, 2025
#Biometric done on January 16, 2025
#This letter was received on February 18, 2025
#Eligibility as a sponsor email received today - February 21, 2025

We have provided every document including insurance, phone bills, car loan, Id proofs with same address on it, social media posts, photos with family & friends.

What was your status at the time of application and before you left Canada?

 

[nidhi_2632]

#Application was submitted on October 12, 2024
#Aor received on November 12, 2024
#Biometric instructions letter January 15, 2025
#Biometric done on January 16, 2025
#This letter was received on February 18, 2025
#Eligibility as a sponsor email received today - February 21, 2025

We have provided every document including insurance, phone bills, car loan, Id proofs with same address on it, social media posts, photos with family & friends.

#Workpermit extension was applied on November 14, 2024
#Got approved on December 09, 2024
#TRV applied on January 14, 2025

 

[nidhi_2632]

What was your status at the time of application and before you left Canada?

On workpermit both times

 

[armoured]

Yes that’s right. I will come asap the passport comes

Then the only question really is whether you get it in time, and what to do if you don't.

There's also question of whether it makes sense to write in advance of receiving the visa (or March 20, whichever comes first). Personally I think it doesn't make sense, or at least not right now; better to see if you do get the visa in time. (Others might disagree)

In the meantime you can think about how to write a letter, what it would contain in each case and draft in advance (if you have the time). If you can find out typical passport/visa return timeframes where you are; as far as I'm aware usually 2-4 weeks but can vary esp (apparently) for India, where it's not as fast.

Obviously if opossible to speed that up, woudl be great, but I don't know of any way to do so.

 

[keyboat1]

Did you apply under commonlaw? If yes then did you submit rental lease/agreements? I submitted my application via commonlaw sponsorship but I provided multiple lease/rental documents showing my gfs name and I from December 1st 2023. I applied for commonlaw sponsorship on February 4th 2025. I left Canada to Dubai with my gf from February 8th to 18th but did not receive any letter like the one you received. I didn't receive AOR yet lol. Could my application be at risk too? I applied Inland as well

I have received this letter from IRCC.

This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada
class.
Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of
the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family
member of a Canadian citizen or permanent resident.
Subsection 124(a) of the Immigration and Refugee Protection Regulations states, a foreign national is a member of the spouse
or common-law partner in Canada class if they are the spouse or common-law partner of a sponsor and cohabit with that
sponsor in Canada.
Our records indicate that you departed Canada on 2025/02/17 and have not returned.
Based on this information, I am not satisfied that you are cohabiting in Canada with your sponsor.
Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent
resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria
and other requirements applicable to that class.
Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all questions put to them for
the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably
requires.
The onus is on you to satisfy me that you are a member of the spouse or common-law partner in Canada class. I
would therefore request that you send any information and/or documents which you consider might respond to this concern by
2025/03/20, within thirty (30) days from the date of this letter.
Acceptable proof of cohabitation in Canada includes but is not limited to:
• Documentary proof of your return to Canada. (i.e. Copy of a passport stamp, ticket stubs, copy of boarding pass(es)
with Travel Itinerary).
• Details on your most recent entry to Canada and the port of entry that was used.
• A completed Supplementary Information Your Travels (IMM 5562) form with information for yourself and your
sponsor.

Please help as i left canada to see my mother as she was sick. I recently got my trv approved and have submitted my passport in India for stamping. Can someone please advise what can be done if I won’t be able to reach canada before March 20.

 

[armoured]

On workpermit both times

Can I ask a question (for background, not an accusation, too late to do anythng about it now) - why did you apply inland instead of outland-from-within-Canada?

 

[alex00]

I am wondering if the apparent lack of valid TRV was the reason the letter was sent so soon after departure from Canada. From IRCC's perspective, it would seem like you left without a feasible plan to return.