Got refused!

[lean]

To all...have a nice reading of my story hope this will help and I hope u will help me...thanks!

I applied for PR last Dec. 2009 through sponsorship by my Canadian husband here....but last October 2010, I got a voice mail from immigration agent here in Edmonton asking for an explanation about my marriage in the Philippines(which before I applied for PR I wasn't able to get my annulment yet) so I explained my side, through the help of high paid lawyer, submitted annulment papers from the Philippines but still my PR application got refused. Take note, I also applied for a divorce here for my marriage in the Philippines but don't have the finalized divorce papers yet which the court said will be given to me in a month or two.

Now my concern is, my work visa will expire on June 23, is there any possible way that I can re-apply for PR through sponsorship still? Can we apply as a common law instead(we are living together for 2 years now)? If so, will my previous application affects the re-application?
Is it possible too that we can remarry if I will got all the divorce papers(that is if its not possible for common law application)? And if so, do we need to get divorce first before remarry?

Please give me advice, I really need it right now! Thanks a lot....

 

[RobsLuv]

What was the reason given for refusal? Which paragraph of the IRPA was used as support for the refusal? What kind of work visa do you have?

You cannot apply as a spouse if you are not legally married - and if your divorce is not finalized, you cannot be legally married to someone else. So if you applied as spouses, that was your first mistake - you should have applied as common-law partners. However, it's my understanding that CIC will assess the application based on qualification as spouse, common-law and conjugal partner anyway, before refusing . . . so it seems they would already have assessed you both as a common-law and a conjugal partner and found you did not qualify. But maybe you did not have the one year co-habitation piece when you submitted the application - or you did not provide proof of your one year co-habitation with the first application? If so, then you might be able to apply again as a common-law partner, and be sure to include all the proof of your co-habitation so there is no doubt about your qualification in that class. It really depends on the reason given for the refusal - and whether or not you can stay in Canada legally while waiting for a new ap to process depends on the type of temporary status you can obtain now. I think it would be a good idea for you to consult with a good immigration attorney immediately - so that you know if you have the option to submit a new inland application (as a common-law partner) and an extension to your temporary status (so that you can stay in Canada legally). Rather than applying to extend the work visa, you might have to apply to change your conditions to visitor for the duration of the inland PR process - but the immigration attorney can better advise about that after seeing your documentation. Either way, it's IMPERATIVE that you get this done immediately because, in order to be able to remain in Canada, you have to submit an inland PR ap TOGETHER WITH an extension ap so that they're received by CPC-Vegreville BEFORE June 23rd when your status expires!

So, seriously, consult with a qualified immigration attorney right away to see what your options are. I'd also start pulling together all of your documentation proving your cohabitation, and get a new set of inland PR applications forms filled out and signed. Also, order another original Option C printout. You'll also want to fill out the temporary status extension application. If the attorney gives you the go ahead, you'll need to pay the fees for the new sponsorship ($75 sponsor and $475 applicant) and the fee for the work visa extension ($150) or visitor visa extension ($75) and get both the inland PR ap and temporary status ap submitted to CPC-Vegreville, TOGETHER, so that they're received by CPC-V before your work visa expires. You'll need to track the mailing of the package and get delivery signature confirmation from the courier that proves they were received by CPC-Vegreville before your status expires. Otherwise, because of your refused PR application, they can start action to have you removed from Canada after the expiration date of your work visa.

After the applications are received you can undergo a new medical exam and you can order new criminal clearances - they are not going to look at the inland PR application for at least 9-10 months, so no need to have those done before you submit the ap . . . they will ask for them when they need them. It's more important to get the applications submitted before your temporary status expires and just include a letter saying that you have an appointment scheduled for your medical exam and that you criminal clearances are on order. You'll be in Canada with "implied status" to remain legally until the first stage of assessment is complete and they find you eligible as a common-law partner.

Again, the feasibility of doing this is all dependent on why your original application was refused, and on the status of your work permit.

Hope this helps. Don't waste any time - get moving on this now. If you're in Ontario, I know of a good immigration attorney who is very reasonable about how much he charges to meet with you for an initial consultation. PM me if you need info on how to get in touch with him.

 

[PMM]

Hi

What was the reason given for refusal? Which paragraph of the IRPA was used as support for the refusal? What kind of work visa do you have?

You cannot apply as a spouse if you are not legally married - and if your divorce is not finalized, you cannot be legally married to someone else. So if you applied as spouses, that was your first mistake - you should have applied as common-law partners. However, it's my understanding that CIC will assess the application based on qualification as spouse, common-law and conjugal partner anyway, before refusing . . . so it seems they would already have assessed you both as a common-law and a conjugal partner and found you did not qualify. But maybe you did not have the one year co-habitation piece when you submitted the application - or you did not provide proof of your one year co-habitation with the first application? If so, then you might be able to apply again as a common-law partner, and be sure to include all the proof of your co-habitation so there is no doubt about your qualification in that class. It really depends on the reason given for the refusal - and whether or not you can stay in Canada legally while waiting for a new ap to process depends on the type of temporary status you can obtain now. I think it would be a good idea for you to consult with a good immigration attorney immediately - so that you know if you have the option to submit a new inland application (as a common-law partner) and an extension to your temporary status (so that you can stay in Canada legally). Rather than applying to extend the work visa, you might have to apply to change your conditions to visitor for the duration of the inland PR process - but the immigration attorney can better advise about that after seeing your documentation. Either way, it's IMPERATIVE that you get this done immediately because, in order to be able to remain in Canada, you have to submit an inland PR ap TOGETHER WITH an extension ap so that they're received by CPC-Vegreville BEFORE June 23rd when your status expires!

So, seriously, consult with a qualified immigration attorney right away to see what your options are. I'd also start pulling together all of your documentation proving your cohabitation, and get a new set of inland PR applications forms filled out and signed. Also, order another original Option C printout. You'll also want to fill out the temporary status extension application. If the attorney gives you the go ahead, you'll need to pay the fees for the new sponsorship ($75 sponsor and $475 applicant) and the fee for the work visa extension ($150) or visitor visa extension ($75) and get both the inland PR ap and temporary status ap submitted to CPC-Vegreville, TOGETHER, so that they're received by CPC-V before your work visa expires. You'll need to track the mailing of the package and get delivery signature confirmation from the courier that proves they were received by CPC-Vegreville before your status expires. Otherwise, because of your refused PR application, they can start action to have you removed from Canada after the expiration date of your work visa.

After the applications are received you can undergo a new medical exam and you can order new criminal clearances - they are not going to look at the inland PR application for at least 9-10 months, so no need to have those done before you submit the ap . . . they will ask for them when they need them. It's more important to get the applications submitted before your temporary status expires and just include a letter saying that you have an appointment scheduled for your medical exam and that you criminal clearances are on order. You'll be in Canada with "implied status" to remain legally until the first stage of assessment is complete and they find you eligible as a common-law partner.

Again, the feasibility of doing this is all dependent on why your original application was refused, and on the status of your work permit.

Hope this helps. Don't waste any time - get moving on this now. If you're in Ontario, I know of a good immigration attorney who is very reasonable about how much he charges to meet with you for an initial consultation. PM me if you need info on how to get in touch with him.

Note from previous posts the OP married in Canada while she was still married overseas. Also she was working as a live-in Caregiver, so it might be hard to prove that they were common-law.

 

[lovely20]

To all...have a nice reading of my story hope this will help and I hope u will help me...thanks!

I applied for PR last Dec. 2009 through sponsorship by my Canadian husband here....but last October 2010, I got a voice mail from immigration agent here in Edmonton asking for an explanation about my marriage in the Philippines(which before I applied for PR I wasn't able to get my annulment yet) so I explained my side, through the help of high paid lawyer, submitted annulment papers from the Philippines but still my PR application got refused. Take note, I also applied for a divorce here for my marriage in the Philippines but don't have the finalized divorce papers yet which the court said will be given to me in a month or two.

Now my concern is, my work visa will expire on June 23, is there any possible way that I can re-apply for PR through sponsorship still? Can we apply as a common law instead(we are living together for 2 years now)? If so, will my previous application affects the re-application?
Is it possible too that we can remarry if I will got all the divorce papers(that is if its not possible for common law application)? And if so, do we need to get divorce first before remarry?

Please give me advice, I really need it right now! Thanks a lot....

Hi. Your story is complicated indeed. How can you marry in Canada if you were still married in the Philippines? Technically your marriage in the Philippines was still valid (yes, even if you guys were separated for a very long time) when you got married to your Canadian husband, so your marriage with the Canadian will be considered null and void from the beginning?

Even if you re-marry your Canadian husband this will send red flags to CIC as they might see this as a marriage of convenience. How did Immigration know you are still married in the Philippines? Did you lied about it? Sorry for being nosy but if you want anybody to give you sound advise you should lay all your cards on the table.

 

[RobsLuv]

Even if you re-marry your Canadian husband this will send red flags to CIC as they might see this as a marriage of convenience. How did Immigration know you are still married in the Philippines? Did you lied about it?

They wouldn't have to have lied about it - Immigration Canada knows that there is no divorce in the Philippines. Apparently, though, you don't know that. And your assumption that marrying now will send up red flags as a marriage of convenience isn't necessarily true.

The problem with this application is the eligibility to apply in the first place. Because there is no divorce in the Philippines, the "marriage" in Canada is not legal, so they cannot apply as spouses. But, as PMM pointed out, the obligations of the live-in caregiver permit probably prevented the cohabitation that they'd need to be eligible as common-law partners. Conjugal might have been an option - because they are prevented from marrying and cannot co-habitate because of the live-in caregiver permit . . . but CIC should have assessed that (as I mentioned before) already . . . and I don't know that the restrictions of a live-in caregiver permit constitute an immigration barrier for purposes of not being able to cohabitate. I don't know how they'd assess that.

Problem is that the couple chose to apply as spouses when they weren't eligible to do so, and probably failed to submit support of any other eligibility. That has nothing to do, however, with the assessment of a "genuine" relationship. They may have submitted all kinds of proof that they are a genuine couple, but it wouldn't matter if the relationship does not fall within one of the eligible categories. So, getting legally married (if they could even do that) would not automatically make them suspect of a non-genuine relationship. The marriage would simply make her eligible to be sponsored - the "genuine relationship" would be assessed on its own merit and they would not necessarily be suspect for a non-genuine relationship just because of a marriage between them. The "genuine" piece is separate, and this goes way beyond the scope of that.

 

[lovely20]

RobsLuv,

well sorry if I offended you or Lean for that matter. Yes I do know for a fact that we don't have divorce in the Philippines as I am from the country before I migrated here 10 years ago. I was just reading thru her previous posts that's why I asked her to write everything so that she will get the answers that she needs.

I mean if she wrote in the application form that she was indeed married before, why would she submit that kind of sponsorship? When she filled up the form, what did she write when it asks when did the marriage end and did she attached any paper works at all stating that the first marriage has ended.

Again I do apologize, as I thought I could help her out as I had the same case. Got married in the Philippines, filed for annulment there and divorce here in Canada when I became a citizen and now sponsoring my second husband in Canada.

 

[lean]

Thanks for all ur reply guys...both gave me ideas and lots of info!

First, in the letter they sent me, there is no word refused. It was stated there that they are very satisfied that I am the person described in Regulation 125(1)(c)(i)-Excluded relationship. And for everybody's info, I have paid a 5,000 dollars for a lawyer to help me with these and to check my application but it didn't help because the only thing she did is to write a letter representing me and she copied exactly my explanation about the mistake in my application thats why I am so disappointed. In addition to that, I asked what is the meaning of that letter and she kept saying its good news. Then I phoned immigration and they said it's a refusal.

In the application, base from what I understood, in the form for sponsorship application is you need to state/choose if it is application through marriage or common law and both have different requirements to include. And because we just started living together for 4 months after our marriage to date when we applied( Anyway, when I got married, I started to live out because my husband don't like me living-in in my employer's house) I didn't include our co-habitation together, so I stick on spouse sponsorship.

I asked an immigration agent about my marriage in the Philippines before I fill up my application and she specifically said the immigration officer will not know about it if I will not include him in my application. So I totally misunderstood everything.

Now I am preparing my application for TRP as what my lawyer asked me to do so I can prolong my stay here and re-apply, is that the right choice? And besides from that, we, me and my husband are contemplating to whether apply as a common law or remarry if I will get my complete divorce papers, the one I applied here(I already have my annulment papers from NSO Philippines), but is it really better to just apply as common law because we have proofs?

Thanks a lot guys for the help! Please don't be annoyed by me....

 

[angelbrat]

Sorry to be off track here but if you have a work permit as a live in carer, don't you have to live in???

 

[Material]

I asked an immigration agent about my marriage in the Philippines before I fill up my application and she specifically said the immigration officer will not know about it if I will not include him in my application. So I totally misunderstood everything.

This is really bad advice from your lawyer, so u did not mention that you were married before on your app and CIC found out that you were.This would be misrepresentation, I know its not your fault but still your responsible for whatever you write in that app.

If your still with the same lawyer I would not trust her/him again , u should look into getting another one.

Your saying that you called CIC and they said its a refusal letter but your lawyer is saying it isnt , why dont you type the letter here but without your name and other personal details some experianced forum members could help out better this way.

Good luck

 

[rjessome]

Thanks for all ur reply guys...both gave me ideas and lots of info!

First, in the letter they sent me, there is no word refused. It was stated there that they are very satisfied that I am the person described in Regulation 125(1)(c)(i)-Excluded relationship. And for everybody's info, I have paid a 5,000 dollars for a lawyer to help me with these and to check my application but it didn't help because the only thing she did is to write a letter representing me and she copied exactly my explanation about the mistake in my application thats why I am so disappointed. In addition to that, I asked what is the meaning of that letter and she kept saying its good news. Then I phoned immigration and they said it's a refusal.

In the application, base from what I understood, in the form for sponsorship application is you need to state/choose if it is application through marriage or common law and both have different requirements to include. And because we just started living together for 4 months after our marriage to date when we applied( Anyway, when I got married, I started to live out because my husband don't like me living-in in my employer's house) I didn't include our co-habitation together, so I stick on spouse sponsorship.

I asked an immigration agent about my marriage in the Philippines before I fill up my application and she specifically said the immigration officer will not know about it if I will not include him in my application. So I totally misunderstood everything.

Now I am preparing my application for TRP as what my lawyer asked me to do so I can prolong my stay here and re-apply, is that the right choice? And besides from that, we, me and my husband are contemplating to whether apply as a common law or remarry if I will get my complete divorce papers, the one I applied here(I already have my annulment papers from NSO Philippines), but is it really better to just apply as common law because we have proofs?

Thanks a lot guys for the help! Please don't be annoyed by me....

At what point did you hire the lawyer? Before you sent in the original application? Did they know you were still married in the Philippines? And this "immigration agent"? Who were they? Are they are an authorized immigration consultant registered with CSIC?

Look, anyone who counsels you to misrepresent yourself and says CIC "will not find out" is someone you want to stay FAR away from! I don't care how many diplomas they have hanging on their wall!

Were you issued an exclusion order and/or asked to leave Canada? It does look like a TRP is your only option at being able to stay. What a mess!

 

[mistletoes]

this post I read which was posted 120 days ago, what if the case is the Canadian Citizen was married in here and got divorced with her Philippine spouse in Canada, and afer few years guy came back and fell for someone and got married to her, will he be able to sponsor this wife?

 

[Kedeisha]

this post I read which was posted 120 days ago, what if the case is the Canadian Citizen was married in here and got divorced with her Philippine spouse in Canada, and afer few years guy came back and fell for someone and got married to her, will he be able to sponsor this wife?

If you got a divorce after you became a Canadian citizen then the laws of Canada would protect you keep in mind your marriage is still valid in the Phillipines but being a Canadian citizen and getting a divorce after is allowed and you are now free to marry someone else, please submit proof of a genuine relationship and contact

I hope that is what you asked.

 

[mistletoes]

If you got a divorce after you became a Canadian citizen then the laws of Canada would protect you keep in mind your marriage is still valid in the Phillipines but being a Canadian citizen and getting a divorce after is allowed and you are now free to marry someone else, please submit proof of a genuine relationship and contact

I hope that is what you asked.

thank u kadeisha

 

[rjessome]

If you got a divorce after you became a Canadian citizen then the laws of Canada would protect you keep in mind your marriage is still valid in the Phillipines but being a Canadian citizen and getting a divorce after is allowed and you are now free to marry someone else, please submit proof of a genuine relationship and contact

I hope that is what you asked.

Actually, being a Canadian citizen has nothing to do with it. One of the parties to the divorce must have legally resided in Canada for at least one year to be eligible to obtain a divorce in Canada, as well as meeting the other requirements for divorce in Canada (living one year separate and apart, etc.). A temporary foreign worker or foreign student can obtain a divorce in Canada as well if they meet those requirements.

 

[Kedeisha]

Actually, being a Canadian citizen has nothing to do with it. One of the parties to the divorce must have legally resided in Canada for at least one year to be eligible to obtain a divorce in Canada, as well as meeting the other requirements for divorce in Canada (living one year separate and apart, etc.). A temporary foreign worker or foreign student can obtain a divorce in Canada as well if they meet those requirements.

my mistake I meant legal resident of Canada thanks for the catch