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Quebec Outland Spousal Sponsorship - **Possible PFL Case** Need advise please.

charlie8902

Newbie
Apr 8, 2021
4
1
I am a Canadian citizen, and I am currently sponsoring my wife to come to Canada. My wife is Colombian, and we have been in a relationship since 2012. I have visited her numerous time in the past years, and currently I am living with her in Colombia since the end of 2019 due to the global COVID-19 Pandemic. We applied in January 2020, I was accepted as a sponsor and her application for permanent resident is currently in process. We have been married for 4 years.

During the of filling Background A form, my wife answered NO to the question that asked if she had any visa refusals before. My wife applied for a visitor visa in 2013 and according to her, the application was returned due to a lack of financial resources from her part, she does not remember if the visa was refused or returned. Since it has been 8 years since the incident there is no paper evidence regarding what happened and there is also no passport stamp. Despite of checking that box, my wife did mention the event in a letter explaining our relationship which was provided as additional information recently in a Webform alongside recent relationship photos. In that letter she casually mentioned that she applied for a visa before but due to a lack of financial resources it was not possible for her to travel to Canada to visit me. She did not remember that she answered NO to the form question before.

At this point of the process, she has passed the medical exam which was asked on March 16 2021 and the police certificate, biometrics and additional documents were properly submitted and received including the CSQ which was granted to her in October 2020. We also received a Pre-arrival services letter. We do not know if IRCC will issue a Procedural Fairness Letter (PFL) regarding the incident in the near future, or if this will heavily impact the decision of our application in a negative way.

Should we wait before seeking any legal advise? I am really scared because I don't know if this is misrepresentation despite of her mentioning the Visa incident in a letter after the original application.

Any advise is very welcomed.
 

frange

Hero Member
May 25, 2018
900
247
I am a Canadian citizen, and I am currently sponsoring my wife to come to Canada. My wife is Colombian, and we have been in a relationship since 2012. I have visited her numerous time in the past years, and currently I am living with her in Colombia since the end of 2019 due to the global COVID-19 Pandemic. We applied in January 2020, I was accepted as a sponsor and her application for permanent resident is currently in process. We have been married for 4 years.

During the of filling Background A form, my wife answered NO to the question that asked if she had any visa refusals before. My wife applied for a visitor visa in 2013 and according to her, the application was returned due to a lack of financial resources from her part, she does not remember if the visa was refused or returned. Since it has been 8 years since the incident there is no paper evidence regarding what happened and there is also no passport stamp. Despite of checking that box, my wife did mention the event in a letter explaining our relationship which was provided as additional information recently in a Webform alongside recent relationship photos. In that letter she casually mentioned that she applied for a visa before but due to a lack of financial resources it was not possible for her to travel to Canada to visit me. She did not remember that she answered NO to the form question before.

At this point of the process, she has passed the medical exam which was asked on March 16 2021 and the police certificate, biometrics and additional documents were properly submitted and received including the CSQ which was granted to her in October 2020. We also received a Pre-arrival services letter. We do not know if IRCC will issue a Procedural Fairness Letter (PFL) regarding the incident in the near future, or if this will heavily impact the decision of our application in a negative way.

Should we wait before seeking any legal advise? I am really scared because I don't know if this is misrepresentation despite of her mentioning the Visa incident in a letter after the original application.

Any advise is very welcomed.
You have to anticipate that since it could lead to misrepresentation grounds. Just use the Webform to send a new version of the form with the correct information and add a simple explanation letter or Note . Make it simple and right to the point.
 

charlie8902

Newbie
Apr 8, 2021
4
1
You have to anticipate that since it could lead to misrepresentation grounds. Just use the Webform to send a new version of the form with the correct information and add a simple explanation letter or Note . Make it simple and right to the point.
Yes, It was a mistake from our part. We already sent the form with the correct information and a letter explaining what happened. Thank you very much for your response. We will hope for the best.