I've been following the posts here and hopefully I can a sound advice from everyone. I’m also applying for PR under Family Class, submitted last Nov 2013.
Here's my background: My wife and I were BF-GF since 2009. My wife got her PR in Feb 2012 under the Saskatchewan Immigrant Nomination Program and landed in Canada in Apr 2012. She returned here to the Philippines on July 2013 and we got married Aug 2013 via Roman Catholic wedding. Before she landed in Canada, we were living in the same apartment as "boardmates" with friends but living in separate rooms with no joint financial undertaking, will, bank accounts, credit cards, tenancy contracts, or ANY legal documentation both under our names: from Aug 2010 ‘til Apr 2012. Everything was separate except that we were living in one roof with other people.
Just this April, my wife got a call from CPC-Missassauga and she was sent a letter re: denial for sponsorship. As per that letter from, she was not eligible to become a sponsor because our relationship was "common-law" prior to her landing and I was not declared on her forms when she was applying for PR – this is as per IRPA Regulations 117 (9)(d) daw. She immediately spoke with an immigration lawyer in Canada and she was advised that we'll just proceed with my own application and just have my file forwarded to the Visa Office in Manila. Prior to her getting the denial letter, they faxed a communication to the CPC Officer: a 6-page appeal letter + my wife’s 4-page affidavit describing our living arrangement (with the immigration lawyer's help) to the CPC-Missassauga officer to explain the whole story that our relationship was not common law and possibly ask the officer to reverse her decision, but to no avail. We also did not know that our living set-up from Aug 2010 til April 2012 could already be considered “common-law”, because in some way it is considered taboo in the Philippines. Also, if the onus is reversed, we won’t have enough proof that the living arrangement is “common-law” in its complete aspect.
So apparently, we continued with my application and agreed to just wait till it reaches the embassy in Manila. Now last Sept 8, 2014 I got a letter from the Embassy saying that they got my application and now they are asking for any documentation from my wife if I was declared as a common law partner during her PR application - which obviously we cannot. The response should be received by them in 45 days. So I decided to just write a detailed letter describing our living arrangement from Aug 2010-Apr 2012 (similar to my wife’s previously sent affidavit) with emphasis on why we should NOT be considered as “common-law”. I also gathered affidavits from our boardmates and the landlord confirming the living arrangement we had as “boardmates” only. I also included the comprehensive 10-page fax communication that my wife’s immigration lawyer sent before she got the denial for sponsorship. I decided to do this instead as I have also read a very similar case in one of the forums here, they did the same thing and they were successful with the application later on.
I have sent those letters and affidavits yesterday via courier. Counting 45 days from Sept 8, 2014, the 45th day will be on October 22. As of this time, can’t see anything on my ECAS when using my file number, not even a hint if it is “in-process” or whatnot. Do you think they will render a decision on my application soon before this year ends? Do you think it will be to my favor? I have been feeling very down since last month because of too much worry. We also did not seek help prior to us submitting the application last year thinking this will not be difficult because we were already married and our relationship was genuine.
Any advice you can give to me at this point?
