DECEMBER 2019 *OUTLAND* SPOUSAL SPONSORSHIP

[andrew3081]

Handle it carefully. PFL is always a sign that they are questioning the genuine of your marriage/relationship. The burden is now on you to convince them. Discuss with lawyer before you submit. At PFL stage, you dont want to make mistake at all

i got a pre arrival letter before the PFL.
So I assumed they deemed my wife is eligible for spouse sponsorship.

The PFL is about the daughter’s birth certificate errors.But the daughter is non accompanying dependent right now as it take years to fix the birth certificate error in the courts.

On the PFL, it did not list any concerns or any reason to reject the application, it just ask for more documents regarding our daughter.

 

[wongjowo]

i got a pre arrival letter before the PFL.
So I assumed they deemed my wife is eligible for spouse sponsorship.

The PFL is about the daughter’s birth certificate errors.But the daughter is non accompanying dependent right now as it take years to fix the birth certificate error in the courts.

On the PFL, it did not list any concerns or any reason to reject the application, it just ask for more documents regarding our daughter.

You sure it is PFL not ADR?

Check link below for PFL
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/procedural-fairness.html

Usually PFL is given to applicant to address IRCC concerns as required by the IRPA/IRPR. They have concerns, they communicate those concerns to you and they give you opportunity to address their concern before final decision is issued (usually rejection if applicant is unsuccessful to address the concerns)

In either case, you may want to handle it very carefully just to be on the safe side

cheers

 

[armoured]

The PFL is about the daughter’s birth certificate errors.But the daughter is non accompanying dependent right now as it take years to fix the birth certificate error in the courts.

On the PFL, it did not list any concerns or any reason to reject the application, it just ask for more documents regarding our daughter.

I believe a PFL will state specifically and precisely which part of the immigration code would make the PA inadmissible (or the sponsor ineligible to sponsor).

It's important in your case if it includes such language as the consequences could be significant.

If they don't have this language, that's good for you to know. (It does sound from what you described that this is just a clarification issue)

 

[andrew3081]

I believe a PFL will state specifically and precisely which part of the immigration code would make the PA inadmissible (or the sponsor ineligible to sponsor).

It's important in your case if it includes such language as the consequences could be significant.

If they don't have this language, that's good for you to know. (It does sound from what you described that this is just a clarification issue)

This is the actual letter:


This refers to your application for permanent residence in Canada.
Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
Subsection 16(1) of the Immigration and Refugee Protection Act establishes that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce all relevant evidence and documents that the officer reasonably requires.

In order to continue processing your application, we require the following information and/or documentation:

-Court documents for birth certificate for the non accompanying daughter.

Please refer to the section on ADDITIONAL INFORMATION below on how to submit requirements.

 

[wongjowo]

They quoted Subsection 11(1) about admissibility
Then they quoted Subsection 16(1) about answering truthfully and produce evidence

They require Court documents (plural) which basically means ALL documents related to child's birth certificate from the court.

If I have to guess, there is a concern about the child legal status and/or whether or not the child is a dependent, although the child is not accompanying, there is a always opportunity in the future to sponsor the child to immigrate to Canada.

I don't want to get into too much detail about your case, word of advise, please consult to Immigration Lawyers to handle it. Your sponsorship is approved, you passed your eligibility meaning they dont have concern about the genuineness of your marriage/relationship

hopefully they are not thinking of misrepresentation. Your application is completed, they have read your file and documents you submitted but they have specific concern about the child status. IMHO

 

[andrew3081]

They quoted Subsection 11(1) about admissibility
Then they quoted Subsection 16(1) about answering truthfully and produce evidence

They require Court documents (plural) which basically means ALL documents related to child's birth certificate from the court.

If I have to guess, there is a concern about the child legal status and/or whether or not the child is a dependent, although the child is not accompanying, there is a always opportunity in the future to sponsor the child to immigrate to Canada.

I don't want to get into too much detail about your case, word of advise, please consult to Immigration Lawyers to handle it. Your sponsorship is approved, you passed your eligibility meaning they dont have concern about the genuineness of your marriage/relationship

hopefully they are not thinking of misrepresentation. Your application is completed, they have read your file and documents you submitted but they have specific concern about the child status. IMHO

thanks for the response. It is a weird one as they only ask for additional documents and did not ask me to submit any other explanation.
Because of covid19, the court was delayed for a year so there’s no court hearing yet, just the original papers that was filed a long time ago.

since our daughter was born when my wife was not married, under Philippine law, the mother (my wife) has 100% custody of the child by default. I am assuming they just want to double check that we did file a court petition to correct the birth certificate.

 

[wongjowo]

thanks for the response. It is a weird one as they only ask for additional documents and did not ask me to submit any other explanation.
Because of covid19, the court was delayed for a year so there’s no court hearing yet, just the original papers that was filed a long time ago.

Sorry to hear that. If you have already included the documents that you have in the application package, they must have read those documents but still needed documents from the court

Best of luck with your application

 

[andrew3081]

Sorry to hear that. If you have already included the documents that you have in the application package, they must have read those documents but still needed documents from the court

Best of luck with your application

we didn’t include all the court documents..but that have been corrected now.

The PFL didn’t mention anything about misrepresentation and seem very interested in getting more documents for our daughter. Our daughter is young so she doesn’t have any ID other than her birth certificate.

 

[mrgarvin]

thanks for the response. It is a weird one as they only ask for additional documents and did not ask me to submit any other explanation.
Because of covid19, the court was delayed for a year so there’s no court hearing yet, just the original papers that was filed a long time ago.

Consult a lawyer but my intuition is that it doesn’t seem to be a deal breaker or that serious.

we didn’t include all the court documents..but that have been corrected now.

The PFL didn’t mention anything about misrepresentation and seem very interested in getting more documents for our daughter. Our daughter is young so she doesn’t have any ID other than her birth certificate.

Doesn’t sound like anything to worry abou. Everything will work out perfectly.

 

[wongjowo]

thanks for the response. It is a weird one as they only ask for additional documents and did not ask me to submit any other explanation.
Because of covid19, the court was delayed for a year so there’s no court hearing yet, just the original papers that was filed a long time ago.

since our daughter was born when my wife was not married, under Philippine law, the mother (my wife) has 100% custody of the child by default. I am assuming they just want to double check that we did file a court petition to correct the birth certificate.

Not sure if this is helpful. But to have a sole custody you need a court document that stated that otherwise there will be legal issues in the future. If I remember correctly the child should also do medical regardless whether the child is accompanying or not.

 

[andrew3081]

Not sure if this is helpful. But to have a sole custody you need a court document that stated that otherwise there will be legal issues in the future. If I remember correctly the child should also do medical regardless whether the child is accompanying or not.

In the Philippines, their law states that mothers have sole custody of the child if the mother was not married at the time when the child was born.
The court system will not issue any custody order as the law already outline that the unmarried mothers have sole custody.
Our daughter already passed her medical tests last year.

 

[armoured]

we didn’t include all the court documents..but that have been corrected now.

The PFL didn’t mention anything about misrepresentation and seem very interested in getting more documents for our daughter. Our daughter is young so she doesn’t have any ID other than her birth certificate.

What was the nature of the error? Just a date mistake? (Was it off by years or something else? Did the mistake make her an adult or something?)

I admit don't understand what's going on with this request, although possible it comes down to point you made that she has no other ID than birth certificate - obviously if that's the only ID and it's going to change, that is a big issue.

 

[andrew3081]

What was the nature of the error? Just a date mistake? (Was it off by years or something else? Did the mistake make her an adult or something?)

I admit don't understand what's going on with this request, although possible it comes down to point you made that she has no other ID than birth certificate - obviously if that's the only ID and it's going to change, that is a big issue.

I think the biggest error was that my wife put the wrong last name for herself on the child’s birth certificate.
Legally, my wife used her mother’s last name but on the child’s birth certificate, she used her father’s last name.
So basically my wife’s ID do not match the morher’s name in the child birth certificate.

Its a total mess...

 

[armoured]

I think the biggest error was that my wife put the wrong last name for herself on the child’s birth certificate.
Legally, my wife used her mother’s last name but on the child’s birth certificate, she used her father’s last name.
So basically my wife’s ID do not match the morher’s name in the child birth certificate.

Its a total mess...

I see - I assume you explained all this originally? If so, don't see that there's much of an issue from IRCC side, just waiting for you to sort it out.

 

[wongjowo]

I see - I assume you explained all this originally? If so, don't see that there's much of an issue from IRCC side, just waiting for you to sort it out.

It doesn't sound like a PFL tho. More like ADR or they can actually do interview to clarify something that is not that substanstial

Anyway, hopefully all is going well with OP application