I need help after being denied PR under Spouse or Common-law Partner in Canada

[kangamoose]

Thanks Ponga

I kind of agree with your previous post about imposing a fine for failing to declare a family member, but the only way I could see that working is if the family member is assessed on the basis of the initial application not as a member of the family class. It should essentially reopen the initial application and the initial applicant should be made aware that if their family member is found inadmissible then they loose their PR, medical inadmissibility would have to apply so people don't use this as a loophole to get family here that would be deemed a drain on the system.

 

[Ponga]

Thanks Ponga

I kind of agree with your previous post about imposing a fine for failing to declare a family member, but the only way I could see that working is if the family member is assessed on the basis of the initial application not as a member of the family class. It should essentially reopen the initial application and the initial applicant should be made aware that if their family member is found inadmissible then they loose their PR, medical inadmissibility would have to apply so people don't use this as a loophole to get family here that would be deemed a drain on the system.

I agree, wholeheartedly.

I can understand why this policy was created, but since we are seeing `more than a few' cases where it seems that the PR applicant made a truly honest mistake, there should be a way for them to `pay' for that mistake; without jeopardizing their family and the future of that family.

Just my $0.02

 

[Rob_TO]

Rob, where did you get this from? Have you seen this work or seen it stated on the CIC website?

Once you renounce or lose your PR status, there is nothing stopping you from applying again if you qualify. You will need to undergo new medical exams and police checks, and any family members would as well. I see absolutely no reason or any regulations on why you can't then add a partner that wasn't declared on a previous PR app that is of no further relevance. If partner fails medical or police check, the applicant will be denied for PR.

All the rules about spouses being banned for non-declaration, are to do with people landing as single and then sponsoring them under family class.

 

[zardoz]

The logic of being able to renounce the PR status and reapply makes perfect sense and doesn't actually conflict with 117(9)(d).
As a dependent in a subsequent PR application, the previously inadmissible family member becomes eligible as they are still not being included as a member of the Family Class.

 

[Ponga]

Which also trumps the previous misrepresentation?

 

[SenoritaBella]

Giving up their PR is a huge decision and may mean the OP has to return to his/her home country to re-apply. No guarantee they will be successful this time. If I were in this situation, I would instead try to find out if the spouse who is overseas can immigrate to Canada on their own.

I can understand why CIC is very strict on this, especially because the guide explains what common-law status is. Unfortunately, a good number of applicants don't read the guide.

 

[needhimback]

You are permanently banned from sponsoring your partner under family class. Plus if you try to pursue this you put your own PR at risk since you committed misrepresentation on your own PR by applying/landing as single when you were in fact common-law.

Your only option is what I mentioned to the other poster in this thread. You can voluntarily give up your own PR status, then re-apply again from scratch through one of the available programs (and assuming you still qualify) but this time include your spouse in the app. Of course giving up your PR is a huge step, but you need to compare that with never being allowed to live with your spouse in Canada ever under your current situation.

Question does the rule of denial only apply to
PR holders what if your Canadian Citizen

Reason I ask is because my hubby and I never offically lived together we lived across from each other, when he lived here in canada (deported back in 2013 not criminal ) with him being at my home most of the time and then we got married in 2014 - I am the sponsor and canadian citizen we mentioned in our application he was at my house 95 percent before we got marriage - could this be a problem would CIC think this is common law relationship,before we got marry ???

Like I said I did not mention him as not common law on my Application we just said we spent most of the time at my place and was going to move in together at our time of engagement

Can someone answer this - I'm a bit confused and worry on any denial as SA

Citzen

 

[keesio]

Question does the rule of denial only apply to
PR holders what if your Canadian Citizen

Reason I ask is because my hubby and I never offically lived together we lived across from each other, when he lived her in canada (deported back in 2013 not criminal ) with him being at my home most of the time and then we got married in 2014 - I am the sponsor and canadian citizen we mentioned in our application he was at house 95 percent before marriage - could this beroblem would CIC think this is common law relationship,before we got marry

Like I said I did not mention him as common law on my Application we just said we spent most of the time at my place and was going to. I've in together at our engagement

Can someone answer this - I'm a bit confused and worry on any denial as SA

Citzen

If you and your hubby had different residential addresses (no matter how close together), then I think it will be fine.

 

[mikeymyke]

Which also trumps the previous misrepresentation?

Well I think zardoz is right. By misrepresenting and not including a spouse in the 1st application, that spouse is effectively excluded as a member of the family class, meaning they treat the spouse as if he/she never existed. By applying a second time for PR (and thus having a brand new fresh start), the spouse can be added the right way, and this effectively makes them a member of the family class again. Think of it as:

1st application: Oh sorry, but you can't sponsor your spouse because you don't have one!
2nd application: Oh you finally have a spouse now! You may add him/her to your application.

 

[needhimback]

If you and your hubby had different residential addresses (no matter how close together), then I think it will be fine.

Yes we had our own address we never once stated on our application that we were from the same address ( because we weren't)

Thanks for your reply Keesio

 

[Ponga]

Well I think zardoz is right. By misrepresenting and not including a spouse in the 1st application, that spouse is effectively excluded as a member of the family class, meaning they treat the spouse as if he/she never existed. By applying a second time for PR (and thus having a brand new fresh start), the spouse can be added the right way, and this effectively makes them a member of the family class again. Think of it as:

1st application: Oh sorry, but you can't sponsor your spouse because you don't have one!
2nd application: Oh you finally have a spouse now! You may add him/her to your application.

Which brings the question why so many people here, myself included, have told someone that did not declare their spouse or partner, that they can never sponsor that person. Based on the theory of a PR being able to renounce their PR and re-apply, and including the partner/spouse on their new application...that statement isn't really true, is it?

 

[Rob_TO]

Which brings the question why so many people here, myself included, have told someone that did not declare their spouse or partner, that they can never sponsor that person. Based on the theory of a PR being able to renounce their PR and re-apply, and including the partner/spouse on their new application...that statement isn't really true, is it?

No it's completely different. In one case a PR is actually sponsoring their spouse under family class.

In the other case a non-PR is applying for PR under some immigration stream outside family class, and spouse is simply a dependent.

Renouncing PR status is a massive step to take that nobody wants to do. It may involve quitting any job and life you have here and possibly needing to leave Canada for years, under no guarantee you will even qualify again to re-apply for PR. It's not a step anyone wants to take unless absolutely necessary (so if their non-declared spouse doesn't qualify under any other stream).

 

[canuck_in_uk]

Once you renounce or lose your PR status, there is nothing stopping you from applying again if you qualify. You will need to undergo new medical exams and police checks, and any family members would as well. I see absolutely no reason or any regulations on why you can't then add a partner that wasn't declared on a previous PR app that is of no further relevance. If partner fails medical or police check, the applicant will be denied for PR.

All the rules about spouses being banned for non-declaration, are to do with people landing as single and then sponsoring them under family class.

I agree that there is nothing stopping a person from renouncing and applying again. However, I do question whether CIC would simply overlook the previous misrepresentation and process a new app without issue.

 

[Rob_TO]

I agree that there is nothing stopping a person from renouncing and applying again. However, I do question whether CIC would simply overlook the previous misrepresentation and process a new app without issue.

That is up to CIC. However there is no rule that states if you misrepresented on 1 app, you are disqualified on all others. There are different levels of misrepresentation and different reasons for it (like an honest mistake vs blatant fraud) so each case will be looked at differently. I imagine this would be more of a concern with very serious cases such as providing fake documents, not declaring a spouse that would have made an applicant no longer a dependent of parents and ineligible for PR, etc.

 

[soblue3]

Just a question, I'm not sure what would happen if I stayed in Canada without any status.

Hi kindheart
in what year did she apply for her pr in canada?