SPOUSE / FAMILY CLASS timeline MANILA Visa Office PHILIPPINES

[Flynn19]

I am going crazy right now. we got an email stating this.




Based on the information you have presented to this office, it would appear you fall within the exclusion established by this provision. Your marriage certificate shows that the marriage was performed under Article 34 of the Family Code of the Philippines. This requires a cohabitation of five (5) years prior to the marriage. Specifically, it would appear you were not examined when your sponsor applied for and subsequently obtained permanent residence in Canada.

Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond to this concern.




we got married last year we have not lived together has anyone had the same experience here? please help us.

 

[ar144]

Hi goodmorning ask lang po about "medical requests have been received " sa ecas what does it mean po? Kc i went to manila para magpamedical exam without xray kc my ob said d ako pwede, i gave the letter to the clinic na indicated im preggy for 3months and bawal ako ma xray, then they proceed na without xray then sabi dun sa clinic i hold daw ung application ko since incomplte ung med exam ko, may chance kaya matuloy ung application ko kahit incomplte ung med exam ko . Pla help thank u

 

[clutsyclutter]

I am going crazy right now. we got an email stating this.




Based on the information you have presented to this office, it would appear you fall within the exclusion established by this provision. Your marriage certificate shows that the marriage was performed under Article 34 of the Family Code of the Philippines. This requires a cohabitation of five (5) years prior to the marriage. Specifically, it would appear you were not examined when your sponsor applied for and subsequently obtained permanent residence in Canada.

Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond to this concern.




we got married last year we have not lived together has anyone had the same experience here? please help us.

Hi. I do not have the same experience but have some thoughts on how you could take it forward. Few baseline things:

1. Art. 34. "No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other."
   
2. At the point of applying for permanent residency, your spouse was required to declare all relevant (accompanying and non-accompanying) family members in their application.
3. Per the email, the VO seems to believe (based on your marriage certificate) that your marriage was performed under Art. 34, which implies that you and your spouse had been cohabiting for at least five years prior to getting married. If your spouse applied for permanent residency within the five-year cohabitation period, what the VO is saying is that your spouse made a misrepresentation to IRCC by not declaring a common-law relationship - this may be grounds for any future sponsorship application not being approved, or, worse, the sponsor's permanent residency status being revoked.

What I think you need to do:

• Clarify that your marriage was not performed under Art. 34 (given that you said you have not lived together, you would not have been qualified to take advantage of this provision).
• Identify the reason that led the VO to believe you were married under Art. 34 (I presume because no marriage license # was indicated in your marriage certificate, or some other note to the effect of being marriage license-exempt was made on the document). Provide the actual reason, with the relevant proofs/provisions, that you were marriage license-exempt and that your marriage is valid.
• If you are able to satisfy the VO with the above, it could strengthen your case that your sponsor's earlier permanent residency application was made in good faith, which in turn strengthens your case for family class application now.

Hope that helps. All the best!

 

[Flynn19]

Hi. I do not have the same experience but have some thoughts on how you could take it forward. Few baseline things:

1. Art. 34. "No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other."
   
2. At the point of applying for permanent residency, your spouse was required to declare all relevant (accompanying and non-accompanying) family members in their application.
3. Per the email, the VO seems to believe (based on your marriage certificate) that your marriage was performed under Art. 34, which implies that you and your spouse had been cohabiting for at least five years prior to getting married. If your spouse applied for permanent residency within the five-year cohabitation period, what the VO is saying is that your spouse made a misrepresentation to IRCC by not declaring a common-law relationship - this may be grounds for any future sponsorship application not being approved, or, worse, the sponsor's permanent residency status being revoked.

What I think you need to do:

• Clarify that your marriage was not performed under Art. 34 (given that you said you have not lived together, you would not have been qualified to take advantage of this provision).
• Identify the reason that led the VO to believe you were married under Art. 34 (I presume because no marriage license # was indicated in your marriage certificate, or some other note to the effect of being marriage license-exempt was made on the document). Provide the actual reason, with the relevant proofs/provisions, that you were marriage license-exempt and that your marriage is valid.
• If you are able to satisfy the VO with the above, it could strengthen your case that your sponsor's earlier permanent residency application was made in good faith, which in turn strengthens your case for family class application now.

Hope that helps. All the best!

Thank you for your effort I appreciate it. The thing is i was sponsored by my father and we really did not know about this law, even the minister did not explain this to us. He was not declared as a family member since we did not live together for long periods of time. The only mistake here was us not getting a marriage license since we were told that everything will be processed for us, we agreed because my vacation was short and we wont be able to get everything done if my husband would wait for me to arrive before starting the process, we never really thought there would be a problem with our marriage certificate until we got that email. We can prove that our relationship is genuine because we have been together for morethan 5 years but we cannot say that we fall under common law category, i am thinking of sending them a letter explaining what happened. But i am wondering if they will consider us as conjugal partner if proven that we did not have any knowledge of the said article 34 prior to the marriage. Also we have the wedding video to prove that no explanation about anything regarding the article 34 took place before proceeding with the ceremony and it was quick because the minister was in a hurry I know we cannot send videos or anything like that so we are really lost here

 

[Chocolatehazel]

New bie here,

I just want to know if how can we know if start na po ung application s CIC? My husband submit our papers last June 12,2017


Thank you po s mag response.

 

[Survivor27]

New bie here,

I just want to know if how can we know if start na po ung application s CIC? My husband submit our papers last June 12,2017


Thank you po s mag response.

The sponsor should be getting an email from CIC as Acknowledgement of Receipt (AOR) about the application. This could take a month or 2.

 

[Chocolatehazel]

The sponsor should be getting an email from CIC as Acknowledgement of Receipt (AOR) about the application. This could take a month or 2.

Thank you

 

[clutsyclutter]

Thank you for your effort I appreciate it. The thing is i was sponsored by my father and we really did not know about this law, even the minister did not explain this to us. He was not declared as a family member since we did not live together for long periods of time. The only mistake here was us not getting a marriage license since we were told that everything will be processed for us, we agreed because my vacation was short and we wont be able to get everything done if my husband would wait for me to arrive before starting the process, we never really thought there would be a problem with our marriage certificate until we got that email. We can prove that our relationship is genuine because we have been together for morethan 5 years but we cannot say that we fall under common law category, i am thinking of sending them a letter explaining what happened. But i am wondering if they will consider us as conjugal partner if proven that we did not have any knowledge of the said article 34 prior to the marriage. Also we have the wedding video to prove that no explanation about anything regarding the article 34 took place before proceeding with the ceremony and it was quick because the minister was in a hurry I know we cannot send videos or anything like that so we are really lost here

Apologies, I assumed you were the PA.

I'm sorry to hear about your case. I wish I could say that there's an easy fix, but frankly, I believe you will need a lawyer to sort out the validity of your marriage. You can read the Family Code here; Chapters 2 & 3, in particular. As it appears that none of the scenarios under Chapter 2 apply to you, your marriage is considered void per Art. 35.3. That means, in the eyes of the law, you are not legally married; and the only "seemingly viable" way for you to sponsor your husband right away would be if your relationship qualified as a common-law one (see IRCC's definition here). I say "seemingly viable" because I would not recommend you make this representation (even if you believe you can establish such a partnership). Doing so will definitely raise questions about him not being in your earlier application for permanent residency (you would not only risk your ability to sponsor him, but also your own status).

Unfortunately, having no knowledge of the law would not be sufficient to appeal the validity of your marriage. You should respond to IRCC and explain to them what happened. But I strongly suggest you consult a lawyer before doing so to avoid saying anything questionable/suspicious or giving any bad impression to the VO that could jeopardize your re-application.

I wish you all the best, and I could only imagine how stressful this may be to you and your husband. I hope things work out for you.

 

[maf5]

Hi everyone!
I am a principal applicant and my husband just submitted our sponsorship application for PR (spouse and dependent children) yesterday. I didn't know that AOM is needed in the application. Will they still process it even if AOM is missing in the requirements?

Thank you very much in advance.

 

[lycelz]

Hi everyone!
I am a principal applicant and my husband just submitted our sponsorship application for PR (spouse and dependent children) yesterday. I didn't know that AOM is needed in the application. Will they still process it even if AOM is missing in the requirements?

Thank you very much in advance.

Yes sis.. soon in the future they will still ask for it kya prepare mo nlng pra incase hnanap n ipasa nlng agad..

 

[maf5]

Yes sis.. soon in the future they will still ask for it kya prepare mo nlng pra incase hnanap n ipasa nlng agad..

Thank youuu sis

 

[maf5]

Yes sis.. soon in the future they will still ask for it kya prepare mo nlng pra incase hnanap n ipasa nlng agad..

When did you apply sis? Kamusta naman application niyo so far?

 

[lycelz]

When did you apply sis? Kamusta naman application niyo so far?

Waiting po n mforward s visa office.. kakatwag ko dn s cic knina pra make sure n complete naipasa ko.. wait dw n mfrward s manila

 

[lycelz]

When did you apply sis? Kamusta naman application niyo so far?

April ko pinasa.. waiting for aor2

 

[lycelz]

When did you apply sis? Kamusta naman application niyo so far?

April ko pinasa.. waiting for aor2

 

[Chocolatehazel]

Hi,
Ask ko lang po sana my nag email po kasi sakin automated email from cic
My application number po then sabi need ko daw mag sign s online account. Para dun na po sila mag uupdate ng status. But hndi nmn po nag llink ung account. Meaning din po ba n on process n ung application?