Got Procedural Fairness Letter! HELP PLEASE!!

[canuck78]

Update: My friend who got refused because of non-accompanying spouse inland, she consulted 2 immigration lawyers today and decided to go for the judicial review. Both lawyers said they had never seen a case like this and believe she would have a good case to challenge VO's decision. Wish the best luck for her!!!

Seems to be a new thing they are cracking on because many are applying as non-accompanying even though they are living together in Canada.

 

[Bunny Thapar]

Hi @next444 ,

Some more update :

Today morning woke up to 2 new messages in my CIC account notified via email.

1. Request letter to pay RPRF for myself via MY CIC account and have been given 7 days for the same although I have paid Permanent Resident application & RPRF for myself which is $1040 so I assume they might be refering to my spouse for which I have just paid $550 which is Permanent Resident fee and RPRF is still pending. So I will pay $490 RPRF for my spouse and then will attach all 3 my receipt of $1040, spouse $550 and RPRF $490 for Spouse with letter of explanation which fee refering to whom and the date.

2. Remedical request for my Spouse whose medical expires on 23rd March, 2020. Found this little weird as it still has got more than 2 months to expire. So will get new date for the appointment and from there Doctor will upload the results which I believe is anywhere between 7 to 14 days post medical exam. They didnt ask for my remedical inspite of it expiring on 22nd January, 2020.

I am assuming these are the 2 final steps followed by PPR.

Posting this positivity updates to get the vibe attracted to YOU yes YOU who is still waiting to hear anything.

I wish the best for everyone who are still waiting.

They are working on Jan/Feb 2019 batches.

So keep your hopes high.

Cheers!

 

[Mandeep1989]

Update: My friend who got refused because of non-accompanying spouse inland, she consulted 2 immigration lawyers today and decided to go for the judicial review. Both lawyers said they had never seen a case like this and believe she would have a good case to challenge VO's decision. Wish the best luck for her!!!

U guys are creating problems for others aswell , everybody is waiting , u r not very special. U should have tried to increase ur scores rather than taking a shortcut , dnt misuse the system . Even if u have stated the genuine reason , still it’s unfair on others . Lawyers or professionals cnt do anything , as inland spouse cnt be non acc. Enjoy ur refusal now , hardwork is everything

 

[hasithaviduranga]

U guys are creating problems for others aswell , everybody is waiting , u r not very special. U should have tried to increase ur scores rather than taking a shortcut , dnt misuse the system . Even if u have stated the genuine reason , still it’s unfair on others . Lawyers or professionals cnt do anything , as inland spouse cnt be non acc. Enjoy ur refusal now , hardwork is everything

I really thought this will end up in this way. Personally I wish them luck. However, when it resolved in the law the rules will be more clear. However, I also feel like it is a manipulation of the system to declare spouse non-accompanying to increase the score. Keep us update on the details of the judicial review so that we know the exact interpretation of the law.

 

[hasithaviduranga]

I definitely agree with you. Each application is individual and should be treated based on the info and docs submitted at the time of applying. I did not even know that loophole about adding spouse before COPR. Neither of us intend to do so. Problem is that she DID say she’ll sponsor him at a later time once she gets PR, but still, not in this app.

Update: she consulted a reputable immigration lawyer, lawyer stated “ In this case the legality of the decision can be challenged in court since there’s no requirement for applicant to justify why their spouse was not added to their EE application. The VO exceed their authority by imposing this requirement. I therefore believe that you have a good case for appeal.”

She may appeal however it costs a lot money and fime.

When It comes to lawyers, you should understand they also making ways to make money and trying to argue in the courts about gray areas of laws.At your cost. If you win you will good to go. If you don't anyway lawyer wins.(They clarify a point in front of courts and anyway they make their fee). Before you fall in to that trap you should be smart enough to clear your paths. Because ultimately you are the one who is taking the risk. How much money you will have to spend on lawyer? At least you will have to set aside good CAD10,000 to fight for this case to get it resolved. I really pray the decision to comes to your favor. But what if otherwise? May be court order comes not even with a refusal but also with a potential restriction you applying for any Canadian VISA. Someone should not proud of saying "We'll argue this in courts". If they are doing so, they are so naive and doing it without knowing what they are jumping in to. Think twice when you involve lawyers.

 

[next444]

Update:

Seems to be a new thing they are cracking on because many are applying as non-accompanying even though they are living together in Canada.

I know right. Isn’t that weird? If many people have done it previously, what’s the difference now? Or IRCC should make the change in EE and force people to put inland spouse accompanying to begin with. Till then, I’ll still say that the rules have applied in others favour, should be the same for me.

To the ones who say I’ll get refused. How about saving these nasty wishes until it really happens? Or what? People should get divorced or break up in order to get PPR? You never know when you’ll meet the right one, what does it have to do with myself staying in Canada after 6 years of ridiculous tuition and massive taxes?

 

[Mandeep1989]

U have earned ur part , it’s not that the government is taking everything , u r living a good quality of life bcz of this country . U r not favouring them . They have made a system for deserving people , and u should follow it in a right way . I m at 468 , have been living here for 6 years , I could do the same and scores would be 464 , that means I would have got ITA three months back . But , still waiting , it’s very simple to do some clicks on computer , but I m afraid hard work and patience pay off every time

474

 

[Mandeep1989]

Update:


I know right. Isn’t that weird? If many people have done it previously, what’s the difference now? Or IRCC should make the change in EE and force people to put inland spouse accompanying to begin with. Till then, I’ll still say that the rules have applied in others favour, should be the same for me.

To the ones who say I’ll get refused. How about saving these nasty wishes until it really happens? Or what? People should get divorced or break up in order to get PPR? You never know when you’ll meet the right one, what does it have to do with myself staying in Canada after 6 years of ridiculous tuition and massive taxes?

Rules are only for those people who have some sort of compulsion , like cnt bring their spouse -she is pregnant or child is very young or died , not to increase CRS score . But , u r have made the option yours

 

[Mandeep1989]

Rules are only for those people who have some sort of compulsion , like cnt bring their spouse -she is pregnant or child is very young or died , not to increase CRS score . But , u r have made the option yours

How the spouse could be non acc if he or she is living in the same country and probably together , unless I have filed divorce , which seems valid

 

[Mandeep1989]

How the spouse could be non acc if he or she is living in the same country and probably together , unless I have filed divorce , which seems valid

No lawyer says that he or she could not appeal or the client is wrong , they earn money from u

 

[Fantastica]

Update:


I know right. Isn’t that weird? If many people have done it previously, what’s the difference now? Or IRCC should make the change in EE and force people to put inland spouse accompanying to begin with. Till then, I’ll still say that the rules have applied in others favour, should be the same for me.

To the ones who say I’ll get refused. How about saving these nasty wishes until it really happens? Or what? People should get divorced or break up in order to get PPR? You never know when you’ll meet the right one, what does it have to do with myself staying in Canada after 6 years of ridiculous tuition and massive taxes?

Please ignore all negative comments and keep hope alive. If IRCC has a problem with people going unaccompanied, they should update their rules. You ain't responsible for anyone's problem and it's up to IRCC to decide your case not any other person here.

People like @Mandeep1989 do not see anything wrong with single people who get married and add their spouses postITA without their new spouses going through the sponsorship, degree evaluation and Ielts stress yet, they let all hell loose when married people decide to go unaccompanied and sponsor their spouses later.

If you feel cheated, then write IRCC to include clauses regarding criteria for unaccompanying spouses BUT do not forget to tell them to update their rules to also ensure single people who get married postITA have their spouses sit for Ielts and evaluate their credentials too so their scores can be recalculated taking their new spouses human capital factor into consideration.

Double standards!

 

[Mandeep1989]

Please ignore all negative comments and keep hope alive. If IRCC has a problem with people going unaccompanied, they should update their rules. You ain't responsible for anyone's problem and it's up to IRCC to decide your case not any other person here.

People like @Mandeep1989 do not see anything wrong with single people who get married and add their spouses postITA without their new spouses going through the sponsorship, degree evaluation and Ielts stress yet, they let all hell loose when married people decide to go unaccompanied and sponsor their spouses later.

If you feel cheated, then write IRCC to include clauses regarding criteria for unaccompanying spouses BUT do not forget to tell them to update their rules to also ensure single people who get married postITA have their spouses sit for Ielts and evaluate their credentials too so their scores can be recalculated taking their new spouses human capital factor into consideration.

Double standards!

It’s absolutely fine if any person get married after ITA, still it’s ok . Look at ur case , it’s an absolute deliberation , and coming up with the point that he has paid taxes is ridiculous . Canada didn’t call u , u came here . Sorry that I came a bit hard on that , but u guys need to think that bcz of u guys many deserving ones might have lost the opportunity of getting ITA, who might have been struggling and working hard to gain a few additional points . This is the main concern , Yh many people have already complained about it to IRCC, this is the reason why they became stringent ,u people are behind this strictness

 

[Fantastica]

IRCC doesn’t have a problem with people going unacc, but it has a problem with people who select this option to increase their CRS. Be honest , and god I’ll help , otherwise u won’t be going anywhere

But you and IRCC do not have issues with people who deliberately get married postITA so their spouses would not have to write Ielts and evaluate their credentials right?

FYI, my spouse is accompanying me and I have ITA but I think it's unfair to say married people can't receive ITA unaccompanied if their spouses can't meet the required Ielts band but at the same time, allow single people receive ITA and then later add their new spouses without them taking Ielts.

My point is simple.... If IRCC insists spouses of married people must get good scores in Ielts and do ECA for the family to receive ITA, then new spouses of single applicants must be made to get good scores in Ielts and do ECA before they can be added to an application.

This is a balanced scenario where every spouse irrespective of when they got married is assessed on the same basis

 

[nns14]

No double standards , as I m also against people who get married post ITA , deliberately , but IRCC cnt do anything about or it could impose any condition , which would be good . Hence , people would stop doing it , but saying that I selected non acc. Just to increase CRS is absolutely manipulation of online system while living with spouse and in Canada . .IRCC can catch such people and it is doing that

You have made your point many times in the last few pages. It is your view. Not the view of IRCC, so do not shove down our throat what you feel is fair or not. What guides people is very simple: Rules. At the moment, this is gray area and up for interpretation by both parties. It is up to IRCC to clarify this by updating its guidelines.

I got ITA 444 CRS with spouse accompanying beginning of the year but my application was cancelled due to incompleteness in June 2019. By then, the draw CRS skyrocketed. With spouse unaccompanying, my CRS jumps to 471. I contacted IRCC via web form to ask if one can do this, they misunderstood my question and did not answer well. I then contacted IRCC via twitter and asked if I can do this approach purely to boost my CRS score and sponsor my spouse later via Spouse Sponsorship. They said that's absolutely fine. I did that and got ITA on September 18th 2019. I applied a week later. Got medical pass, received biometric request. Received RPRF request by 21st October and my file transferred to my local visa office. I am still waiting for the PPR. I am not 100% sure if I will succeed, but at least I did my due diligence and got confirmation from IRCC that this approach can be done. Although I and my dependents are both outland applicants, who is to say the inland applicants cannot do this?

You are not IRCC and should not hurt the feelings of this applicant in this thread by imposing your views as aggressively as you did. It is up to the IRCC to clarify what is acceptable and what not and for us to adhere to those requirements. Be considerate for the feelings of people.

 

[nns14]

By the way, this is becoming a trending question and I believe it will soon be clear what reasons are considered as valid by IRCC for unaccompanying spouses for all streams (CEC, FSW-O, etc...). This was not so much of a question before the CRS increased significantly in the last 9 months.