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

[kindheart]

Thanks Rob, that is worth considering, I'll talk to my spouse this weekend, nothing to lose if she going back to England with me anyway.

Rob you are a genius

 

[kindheart]

It's just a technicality, but as mentioned with an inland sponsorship app there are no appeal rights, even if you wanted to appeal this. So you don't need to worry if you are making the right or wrong decision in not appealing, as CIC has already made the decision for you.
http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
5.38. No appeal rights
Sponsors of applicants seeking to remain in Canada do not have a right of appeal to
the IAD. This includes:
• Members of the Spouse or common-law partner in Canada class


Here is another thing you could consider trying. If your partner still qualifies under one of the immigration streams (perhaps the same one she first got PR under) then she could voluntarily renounce her PR status, and basically start again from scratch to apply for PR all over again but this time listing you as common-law spouse. Of course the drawback here is while applying for her new PR neither of you would have status in Canada, and there is no guarantee she would be successful in getting PR again. But if it comes down to her leaving Canada anyways to live with you in another country where she may eventually lose PR anyways due to not meeting residency obligation... there may be no harm in trying. That being said I've never actually seen a case before of someone renouncing and re-applying for this reason, so best to also talk to a qualified immigration lawyer first if it's something you would consider doing.

Rob, I'll go and consult an Immigration Lawyer with the idea. If he agrees with the basis of our plan I will keep this thread going with timelines. Thank you so much for your fantastic idea.

 

[LondonMB]

I need an advise please.

After 5months of waiting for an approval of myself being a sponsor. I got denied. The reason is that I didn't inform them that we were a common law partner before I become a PR.

Nov 2012 - we met
October 2013 - we moved in
Octobter 2014 - we got engaged
(October 2014) - I should have told them that after a year of living together, we will qualify for a common law and I DIDNT inform them (don't know why i didnt)
Nov 2014 - I became a PR
Feb 2015 - got married
May 2015 - applied for sponsor
Oct 2015 - denied of family sponsorship


So, whats is my next step? Do i pass the same documents plus an explanation why i didnt let them know?
Im stuck. It says in their letter, I can apply to be a sponsor again if the INEGIBILITY IS RESOLVED.

 

[Ponga]

I need an advise please.

After 5months of waiting for an approval of myself being a sponsor. I got denied. The reason is that I didn't inform them that we were a common law partner before I become a PR.

Nov 2012 - we met
October 2013 - we moved in
Octobter 2014 - we got engaged
(October 2014) - I should have told them that after a year of living together, we will qualify for a common law and I DIDNT inform them (don't know why i didnt)
Nov 2014 - I became a PR
Feb 2015 - got married
May 2015 - applied for sponsor
Oct 2015 - denied of family sponsorship


So, whats is my next step? Do i pass the same documents plus an explanation why i didnt let them know?
Im stuck. It says in their letter, I can apply to be a sponsor again if the INEGIBILITY IS RESOLVED.

Unfortunately, you can never sponsor your spouse.

 

[Rob_TO]

I need an advise please.

After 5months of waiting for an approval of myself being a sponsor. I got denied. The reason is that I didn't inform them that we were a common law partner before I become a PR.

Nov 2012 - we met
October 2013 - we moved in
Octobter 2014 - we got engaged
(October 2014) - I should have told them that after a year of living together, we will qualify for a common law and I DIDNT inform them (don't know why i didnt)
Nov 2014 - I became a PR
Feb 2015 - got married
May 2015 - applied for sponsor
Oct 2015 - denied of family sponsorship


So, whats is my next step? Do i pass the same documents plus an explanation why i didnt let them know?
Im stuck. It says in their letter, I can apply to be a sponsor again if the INEGIBILITY IS RESOLVED.

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.

 

[mikeymyke]

So, whats is my next step? Do i pass the same documents plus an explanation why i didnt let them know?
Im stuck. It says in their letter, I can apply to be a sponsor again if the INEGIBILITY IS RESOLVED.

Your next step should be to give up your own PR, return home to your country, then apply to enter Canada through another stream, then add your partner to the application so that both of you will get PR at the same time. Since you got PR on your own last time, it shouldn't be too difficult for you to get it again.

 

[canuck_in_uk]

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.

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

 

[LondonMB]

Can i write as a letter of explanation that I didnt know what the common law partner as it is not part of our philippine culture.

 

[canuck_in_uk]

Can i write as a letter of explanation that I didnt know what the common law partner as it is not part of our philippine culture.

No. The definition of common-law is very clearly explained in the PR app, so it doesn't matter if there is no equivalent in the Philippines.

 

[LondonMB]

But at that time when i applied last 2011, I didnt know her back then. Should i have changed it on october 2014 when it fitted the criteria for common law?

Thanks for quick response

 

[mikeymyke]

You should have changed it before you landed. But again, since you came here independently as a PR before, assuming you came here as a skilled worker, clearly you have the necessary work experience, points, etc to immigrate to Canada, I don't see why you couldn't do it again, albeit this time, adding your partner.

 

[LondonMB]

May I kindly just ask if this information can be found in CIC? About BARRED EVER our application of family sponsorship?

it wont help if we are having baby as well?

thnaks

 

[Ponga]

You should have changed it before you landed. But again, since you came here independently as a PR before, assuming you came here as a skilled worker, clearly you have the necessary work experience, points, etc to immigrate to Canada, I don't see why you couldn't do it again, albeit this time, adding your partner.

That's the part that doesn't make sense to me. If a person that has committed misrepresentation in their own PR (even in this case which could have been an honest mistake), can simply renounce their PR and start again, to add their partner or spouse...why couldn't CIC impose a hefty monetary penalty that can be paid NOW, instead? The sponsor pays the penalty and submits the sponsorship application, just like anyone else would.

If the misrepresentation wouldn't be an issue in the second round, why would CIC spend resources to process another application that will end in the same approval that the first one had, but this time with the added spouse/partner?

Has anyone here heard of a person successfully renouncing and re-applying in a situation such as this?

 

[kangamoose]

May I kindly just ask if this information can be found in CIC? About BARRED EVER our application of family sponsorship?

it wont help if we are having baby as well?

thnaks

Read the first post in this thread, the OP posts a letter he received from CIC. It quotes the Canadian Immigration and Refugee Protection Act:

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Subsection 125(1)(d) of the Immigration and Refugee Protection Regulations states that a foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

You didn't declare them on your application, now you can't sponsor them. You being pregnant is not going to help the situation. He needs to qualify to come to Canada on his own.

 

[Ponga]

Read the first post in this thread, the OP posts a letter he received from CIC. It quotes the Canadian Immigration and Refugee Protection Act:

You didn't declare them on your application, now you can't sponsor them. You being pregnant is not going to help the situation. He needs to qualify to come to Canada on his own.

Good work kangamoose.

+1 for taking the initiative!