Got Procedural Fairness Letter! HELP PLEASE!!

[a16107]

Should I mention about the sponsoring him in the future or it’s better not to mention?

To be honest, if you mention sponsoring him, at least the officer think you are honest and he is trying to become PR in a legal way

If you don't mention, officer may think what is your bf gonna do here, such as stay here illegally etc?

I see you got a tough officer and it is hard to find a nice reason for that (being honest is a only way for my opinion)

 

[next444]

BTW, can I know which Visa office you have and when is your AOR?

it’s Edmonton and AOR AUG14, 2019. Thank you for your reply I really appreciate it.

 

[canuck_in_uk]

Hello folks,

I’m EE CEC INLAND with non-accompanying spouse. As my CRS score was not high enough to get ITA if I applied with my common law partner. I still claimed him because we had lived together longer than a year. Today I got PFL question about why he’s not accompanying as we’re living together in Canada. He has a study permit and will be applying PGWP when he graduate. Please advise!!

Here’s the letter:
This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concerns regarding your application.
You have provided a Statutory Declaration of common-law union with XXX since January 1, 2017, but you are claiming your spouse as non-accompanying on your application.
To help alleviate my concerns, please provide a detailed explanation as to why your spouse is non- accompanying while you remain living together in Canada.
Therefore I am asking you to submit any additional information/documentation that would allay my concerns. Submissions line available to upload your response. You have 7 days from the date of this letter to submit the additional information using your MyCIC account.
If you choose not to respond with additional information, or if your submission does not allay these concerns, your application may be refused.

What reason did you state in the app for him not accompanying you? If you stated something other than points, you lied and that is the issue. IRCC seems to be accepting when people very clearly state upfront that they are doing it to increase their score.

 

[Islander216]

I'm not sure how the common law spouse thing works, whether you had to disclose him because you lived with him over a year or not. I leave that to someone who is in the know.

However, as i see it, you could have just left him off your application, you're not married and he has his own pathway to PR through his study permit and PGWP. So his legal status in Canada is not tied to yours.

Now that you've declared him, it's very difficult for you to justify that he's not accompanying you when he most likely will want to stay, and the immigration officer knows this. The only thing i'd say is emphasize that he has his own legal status in Canada, and because you're not married, he intends to either make his own application for permanent residence at a later date or return to his country of origin after his studies are completed.

I think at this point, it's better to emphasize that he wishes to have his own, separate application based on his decisions on whether he wants to remain in Canada or return to his home country, and this is not a decision which he has made yet. Emphasize you disclosed your relationship for the sake of completeness, but that you are determining your respective immigration statuses separately.

 

[canuck_in_uk]

I'm not sure how the common law spouse thing works, whether you had to disclose him because you lived with him over a year or not. I leave that to someone who is in the know.

However, as i see it, you could have just left him off your application, you're not married and he has his own pathway to PR through his study permit and PGWP. So his legal status in Canada is not tied to yours.

Now that you've declared him, it's very difficult for you to justify that he's not accompanying you when he most likely will want to stay, as the immigration officer knows this. The only thing i'd say is emphasize that he has his own legal status in Canada, and because you're not married, he intends to either make his own application for permanent residence at a later date or return to his country of origin after his studies are completed.

I think at this point, it's better to emphasize that he wishes to have his own, separate application based on his decisions on whether he wants to remain in Canada or return to his home country, and this is not a decision which he has made yet. Emphasize you disclosed your relationship for the sake of completeness, but that you are determining your respective immigration statuses separately.

Common-law partners are legally required to be declared and included, so there is no question about whether OP should have listed the partner or not.

 

[next444]

What reason did you state in the app for him not accompanying you? If you stated something other than points, you lied and that is the issue. IRCC seems to be accepting when people very clearly state upfront that they are doing it to increase their score.

Thank you for the reply. Yea I stated that my score was not high enough to get ITA if I had him accompanied when I created the EE file. However, I did NOT provide this information in LOE.

 

[next444]

Common-law partners are legally required to be declared and included, so there is no question about whether OP should have listed the partner or not.

Yes that’s my concern when I listed in my EE file. I’d rather be upfront instead of being caught later. What’s your advice my friend?

 

[Islander216]

Common-law partners are legally required to be declared and included, so there is no question about whether OP should have listed the partner or not.

Is there a link to this?

I'm sure you're right, i just want to see where they state this explicitly.

 

[canuck_in_uk]

Is there a link to this?

I'm sure you're right, i just want to see where they state this explicitly.

It is explicitly stated in every single application guide.

 

[Islander216]

It's also explicitly stated that you have to declare your spouse as accompanying if they intend to immigrate with you but there is some leeway to that.

I'm just playing devil's advocate.

 

[canuck_in_uk]

It's also explicitly stated that you have to declare your spouse as accompanying if they intend to immigrate with you but there is some leeway to that.

I'm just playing devil's advocate.

?

There is no leeway. If they are immigrating with you, they are included. If they are being sponsored by you afterwards, they are NOT immigrating with you and therefore are not required to be included.

There is no leeway with common-law partners. That is immigration law.

 

[next444]

?

There is no leeway. If they are immigrating with you, they are included. If they are being sponsored by you afterwards, they are NOT immigrating with you and therefore are not required to be included.

There is no leeway with common-law partners. That is immigration law.

Can you advise me please?

I'm planing to say what I stated when I first created EE file: not enough points. Also he holds a valid study permit and has good status in school so he should be eligible to apply for PGWP next year. If not, he'll leave Canada immediately. But its very likely he'll get PGWP so we'll still be able to live together while remaining legal status in Canada.

What do you guys think?

 

[canuck78]

Can you advise me please?

I'm planing to say what I stated when I first created EE file: not enough points. Also he holds a valid study permit and has good status in school so he should be eligible to apply for PGWP next year. If not, he'll leave Canada immediately. But its very likely he'll get PGWP so we'll still be able to live together while remaining legal status in Canada.

What do you guys think?

Would not include that he would leave immediately because you know it isn’t true.

 

[MarvelousMitz]

Hi next4444,

I also got PFL from Edmonton VO although my reason was completely different from yours but if my story gives you any hope I'll consider myself helpful.

Mine was regarding disclaimer stated in my employment letter by HR.

So to alleviate IRCC officer's concern,
I provided them new employment letter without those lines.

Also provided LOE that what was the reason those lines were there and why employer agreed to remove those lines.

I also provided personal reference letters from my two managers during my employment with the company.

Outcome was positive and I got passport request 6 days after the submission of PFL documents.

So be positive and make sure to be honest to the last detail you provide to them.

 

[next444]

Would not include that he would leave immediately because you know it isn’t true.

Everything else seems to be fine tho? Thank you a lot!