Urgent Help Needed
Received this from Manila Visa Office
This is with respect to your application for a permanent residence in Canada.
Your application and all of the documents you submitted in support of it have been reviewed and it appears
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.
Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations establishes the circumstances
under which a person may be excluded from the Family Class, notwithstanding their personal relationship
to their sponsor. Specifically, the Regulations state:
117(9)(d) A foreign national shall not be considered a member of the family class by virtue
of their relationship to a sponsor if, subject to subsection (10), the sponsor previously made an
application for permanent residence and became a permanent resident and, at the time of that
application, the foreign national was a non-accompanying family member of the sponsor and was
not examined.
Based on the information you have presented to this office, it would appear you fall within the exclusion
established by this provision. Specifically, you were not examined when your sponsor applied for and
subsequently obtained permanent residence in Canada.
You stated in your affidavit of March 16, 2019 that you and your sponsor were cohabiting in a common-
law relationship from 2003 until she left for Canada in 2015.
Before a final decision is made on your application, we would like to offer you the opportunity to respond
to this concern.
Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration
in response to the concerns identified above must be received at our office within 30 days of
It turns out that the sponsor was declared as single when she was sponsored. She was sponsored by her daughter but due to lack of knowledge regarding common law, she was declared as single. Common-law is not really known to the Philippines and because she wasnt married during the sponsor PR application. She only got married a couple of years later after she became PR and lived in Canada. Now that she is sponsoring her husband it seems like this has made the husband ineligible to be sponsored.
Any advice on how to respond to this letter is appreciated.
Received this from Manila Visa Office
This is with respect to your application for a permanent residence in Canada.
Your application and all of the documents you submitted in support of it have been reviewed and it appears
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.
Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations establishes the circumstances
under which a person may be excluded from the Family Class, notwithstanding their personal relationship
to their sponsor. Specifically, the Regulations state:
117(9)(d) A foreign national shall not be considered a member of the family class by virtue
of their relationship to a sponsor if, subject to subsection (10), the sponsor previously made an
application for permanent residence and became a permanent resident and, at the time of that
application, the foreign national was a non-accompanying family member of the sponsor and was
not examined.
Based on the information you have presented to this office, it would appear you fall within the exclusion
established by this provision. Specifically, you were not examined when your sponsor applied for and
subsequently obtained permanent residence in Canada.
You stated in your affidavit of March 16, 2019 that you and your sponsor were cohabiting in a common-
law relationship from 2003 until she left for Canada in 2015.
Before a final decision is made on your application, we would like to offer you the opportunity to respond
to this concern.
Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration
in response to the concerns identified above must be received at our office within 30 days of
It turns out that the sponsor was declared as single when she was sponsored. She was sponsored by her daughter but due to lack of knowledge regarding common law, she was declared as single. Common-law is not really known to the Philippines and because she wasnt married during the sponsor PR application. She only got married a couple of years later after she became PR and lived in Canada. Now that she is sponsoring her husband it seems like this has made the husband ineligible to be sponsored.
Any advice on how to respond to this letter is appreciated.
