Procedural Fairness Letter

[Louman64]

Hi Is there anyone here who received a procedural fairness letter and
responded and got approved ?

 

[profiler]

Hi Is there anyone here who received a procedural fairness letter and
responded and got approved ?

If you have the proof to refute what they are stating, they you should be able to be successful. What was their claim?

 

[profiler]

Its the cohabitation for 1 year as I sponsored my common law wife
we were together for 7 years before but got separated for a couple of years
and got back together we have 2 kids but our cohabitation since we got back
together is less than a year as I am here and just goes home for a holidays
our eldest child is already here but she and my younger kid (10) are still back home which I am trying to sponsor.

Do you have proof that can support that you have spent a year living together at any point?

 

[profiler]

We have pictures together during that time , I thought if she is not
considered member of the family class , the application will be refused straight
away in the 1st stage of the processing as CPC in Mississauga will reject the
application right away as we did not cohabitate for a year before the application
was sent

Oh. No, in Outland cases, CPC-M only evaluates the sponsor, then sends the case overseas (in your case to VO Manila). If you had not cohabitated for a year when you applied, you should probably withdraw and resubmit now that you have at least a year cohabitation proof.

 

[scylla]

Stage 1 only assesses the sponsor - not the relationship.

Do you have anything other than pictures to proof common law? Pictures won't be enough unfortunately.

 

[canuck_in_uk]

Its the cohabitation for 1 year as I sponsored my common law wife
we were together for 7 years before but got separated for a couple of years
and got back together we have 2 kids but our cohabitation since we got back
together is less than a year as I am here and just goes home for a holidays
our eldest child is already here but she and my younger kid (10) are still back home which I am trying to sponsor.

As you've been told previously, you are not common-law.

http://www.canadavisa.com/canada-immigration-discussion-board/procedural-fairness-letter-t473525.0.html

 

[scylla]

The procedural fairness letter is the normal process CIC follows when they are about to refuse an application. In your case, you don't meet the common law requirements and they are providing you one last chance to prove that you do.

In other words, your application is going to be refused since you haven't lived together for a year since getting back together. The letter is really just a formality at this point.

You'll either need to get married or really become common law (i.e. live together for a year continuously) before you can reapply.

 

[profiler]

And why would ask her again to redo her x ray last month , if they just going
to refuse the application ...does not make sense to me to wait this long (6 Months) for denied application

They are working in parallel channels. In this case, the left hand does not know what the right is doing. They are all racing to the same goal -- applications completed in 12 months or less. So, Medical, Criminality, and Security are being done in parallel "channels" to the case being processed...

 

[profiler]

I got your point , but isnt it before they waste so much time working on it
wouldnt they refuse it straight away ? For the reason you giving that she
did not meet the common law requirements ?

They were likely going through the eligibility assessment, before issuing APR. SA was met, so they sent the case to Manila, who decided that eligibility was not. It's at the eligibility stage that they assess if the person is a member of the class they have applied for, or not...

 

[carolbb23]

They were likely going through the eligibility assessment, before issuing APR. SA was met, so they sent the case to Manila, who decided that eligibility was not. It's at the eligibility stage that they assess if the person is a member of the class they have applied for, or not...




they want to know if they are together

 

[carolbb23]

They are working in parallel channels. In this case, the left hand does not know what the right is doing. They are all racing to the same goal -- applications completed in 12 months or less. So, Medical, Criminality, and Security are being done in parallel "channels" to the case being processed...

in my husband case it said on March 6 2017 in order for them to continue working on his or application we need proof of relationship we send that and the other request son medical which he did on March 21 2017 sounds like ircc not stastifed

 

[dinhodinho]

The procedural fairness letter is the normal process CIC follows when they are about to refuse an application. In your case, you don't meet the common law requirements and they are providing you one last chance to prove that you do.

In other words, your application is going to be refused since you haven't lived together for a year since getting back together. The letter is really just a formality at this point.

You'll either need to get married or really become common law (i.e. live together for a year continuously) before you can reapply.

I received a similar letter today in my account. stating that he wasn't satisfied we're cohabiting for one year prior to my application... i replied by sending in more pictures of me and my girlfriend and that we're expecting a child.also submitted joint car insurance. the rental agreement i sent in was dated may 1, 2016 and my application was received on april 3, 2017... Problem? Please help

 

[starnaenae]

I received a similar letter today in my account. stating that he wasn't satisfied we're cohabiting for one year prior to my application... i replied by sending in more pictures of me and my girlfriend and that we're expecting a child.also submitted joint car insurance. the rental agreement i sent in was dated may 1, 2016 and my application was received on april 3, 2017... Problem? Please help

May 1 to april 3 isnt 12 months which makes sense. More pictures wont help as they are asking for more proof that you lived together for a year PRIOR to the application being sent. Based on this you were NOT in a common law relationship prior to sending the application

 

[dinhodinho]

PRIOR

I figured that was the main problem. I will see a lawyer tomorrow as to how to proceed. Thank you

 

[starnaenae]

I figured that was the main problem. I will see a lawyer tomorrow as to how to proceed. Thank you

Youre probably better off withdrawing your application and starting over.