Case referred to special unit for exclusion

[choprakart]

I met my wife in a school in Canada in 2013. We were classmates. After Sep 2014 she moved in where I lived in the basement. We were not in a relationship. After that we moved to another address together as other students were leaving and the rent was going to go up, we found a cheaper basement kinda place. After a few months we both got good jobs, developed a liking for each other but didn't commit as we hadn't told our parents and we are of different faith. Later we moved into an apt building with a formal lease. Moved in on July 3rd 2015, I landed on express entry FSW on Jul 1, 2016. Now when I apply for my wife's spousal sponsorship - the notes say we didn't declare the relationship.

What adds to the confusion is - the formal lease we signed was a lease takeover from previous tenants who signed that lease on Oct 2014 and now the officers think that was our lease starting date. The lease mentions that it is a duplicate of the original which was signed in Oct 2014 and has our effective date as Jul 1, 2015.

Am just confused as to what to do next? We have created a webform giving an explanation. Does this mean I will be removed from Canada? My wife also qualifies for express entry.. should we just withdraw the spousal?

 

[msb]

I met my wife in a school in Canada in 2013. We were classmates. After Sep 2014 she moved in where I lived in the basement. We were not in a relationship. After that we moved to another address together as other students were leaving and the rent was going to go up, we found a cheaper basement kinda place. After a few months we both got good jobs, developed a liking for each other but didn't commit as we hadn't told our parents and we are of different faith. Later we moved into an apt building with a formal lease. Moved in on July 3rd 2015, I landed on express entry FSW on Jul 1, 2016. Now when I apply for my wife's spousal sponsorship - the notes say we didn't declare the relationship.

What adds to the confusion is - the formal lease we signed was a lease takeover from previous tenants who signed that lease on Oct 2014 and now the officers think that was our lease starting date. The lease mentions that it is a duplicate of the original which was signed in Oct 2014 and has our effective date as Jul 1, 2015.

Am just confused as to what to do next? We have created a webform giving an explanation. Does this mean I will be removed from Canada? My wife also qualifies for express entry.. should we just withdraw the spousal?

Get your landlord to write a letter explaining when you moved in and also how there were previous tenants! That would be a start and consult a lawyer.

 

[msb]

Also
As she was here on a visa, maybe thats why they say she should have declared the relationship that was on when she applied for that actual visa.

 

[choprakart]

Also
As she was here on a visa, maybe that's why they say she should have declared the relationship that was on when she applied for that actual visa.

She came to Canada separately, we both came on our own, she was on student permit just like me, we just happen to be from the same land back home.

 

[msb]

She came to Canada separately, we both came on our own, she was on student permit just like me, we just happen to be from the same land back home.

But were u not in a relation u wrote she then came in express entry.....

 

[choprakart]

I got my PR through express entry, not her. now I've applied for her sponsorship.

 

[canuck_in_uk]

I met my wife in a school in Canada in 2013. We were classmates. After Sep 2014 she moved in where I lived in the basement. We were not in a relationship. After that we moved to another address together as other students were leaving and the rent was going to go up, we found a cheaper basement kinda place. After a few months we both got good jobs, developed a liking for each other but didn't commit as we hadn't told our parents and we are of different faith. Later we moved into an apt building with a formal lease. Moved in on July 3rd 2015, I landed on express entry FSW on Jul 1, 2016. Now when I apply for my wife's spousal sponsorship - the notes say we didn't declare the relationship.

What adds to the confusion is - the formal lease we signed was a lease takeover from previous tenants who signed that lease on Oct 2014 and now the officers think that was our lease starting date. The lease mentions that it is a duplicate of the original which was signed in Oct 2014 and has our effective date as Jul 1, 2015.

Am just confused as to what to do next? We have created a webform giving an explanation. Does this mean I will be removed from Canada? My wife also qualifies for express entry.. should we just withdraw the spousal?

In rare cases, people have been able to successfully argue that they weren't actually common-law because of a shared living situation.

However, it looks like you and your partner lived together in your own place for 363 days before you landed. Add that to the several years of shared living and I would say you have pretty much no chance of making that argument.

 

[choprakart]

In rare cases, people have been able to successfully argue that they weren't actually common-law because of a shared living situation.

However, it looks like you and your partner lived together in your own place for 363 days before you landed. Add that to the several years of shared living and I would say you have pretty much no chance of making that argument.

So are we saying I'll be asked to leave the country? My wife qualifies for express entry too, should we withdraw Spousal?

 

[canuck_in_uk]

So are we saying I'll be asked to leave the country? My wife qualifies for express entry too, should we withdraw Spousal?

No, you won't be asked to leave. While you committed misrepresentation, IRCC generally does not take action in these situations. Your wife's temporary resident status will remain the same.

I'd say you have pretty much no chance with the spousal app but that decision is yours to make.

 

[choprakart]

I am doing the best to explain our situation through webform.
I'm also getting documents ready for my wife to apply under express entry but from what I've read on other threads it sounded as if when they refer the case to exclusion means they will take action on the misrepresentation which usually is leaving the country for a certain period

 

[msb]

She came to Canada separately, we both came on our own, she was on student permit just like me, we just happen to be from the same land back home.

But when she did, did she declare the relationship?

 

[choprakart]

Why would she? We didn't even know each other before coming to Canada. We met in school in Toronto

 

[canuck_in_uk]

I am doing the best to explain our situation through webform.
I'm also getting documents ready for my wife to apply under express entry but from what I've read on other threads it sounded as if when they refer the case to exclusion means they will take action on the misrepresentation which usually is leaving the country for a certain period

As I already stated, no, they will likely not take action for the misrepresentation.

 

[choprakart]

As I already stated, no, they will likely not take action for the misrepresentation.

Thanks canuck_in_uk.
Is it possible that her case will not be treated fairly if we apply for express entry now?

 

[canuck_in_uk]

Thanks canuck_in_uk.
Is it possible that her case will not be treated fairly if we apply for express entry now?

This would have no effect on an EE app.