Hi everyone, can you please look at my case. im so worried im about to be refuse. I received a letter from CEM i have problem with my application. i was so confused i don't know what to do. please read letter below. they give me 45 days to do this. when my wife applied for her PR she don't know that there is such clause about this living together thing. we did live together here in Philippines before she went to Canada. We are not yet married that time so she did not put me on her PR application. we are only married April 2010. So after that we applied for spousal sponsorship. now we will be refused because of living together before marriage. can anyone help me with this. thanks a lot.
A Preliminary review of your file, based on the information and documentation you have submitted to date, raises concerns 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 circumstancesunder 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 residence and at the time of that application, the foreign was a non-accompanying family member of the sponsor and was not examined.
Based on information you have presented to this office you and your sponsor cohabited from January 15, 2004 to April 4. 2006. Since that period is over one year, under the immigration and refugee protection regulations, you and your sponsor would have been common law partners. However from the record on file, your sponsor did not declare you as her dependent, either on her application for permanent residence, or when she obtained permanent residence on September 23,2009. it would appear that you fall within the exclusion established above provision.
Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond to this concern.
If your sponsor can demonstrate that you were declared as a family member and examined at the time of his/her application for permanent residence. it may be possible to proceed with your application. One way of demonstrating that you were declared as a family member would to be to provide a copy of your sponsors application for permanent residence. if you sponsor does not have personal records, he/she may wish to contact representative who might have assisted in their application and retained a copy of their file.
