need help urgent and badly about living together before she went to canada.

[jl_pamittan]

I received a letter from CEM i have problem with my application. Sad Sad Sad NEED HELP BADLY... ANY IDEA... i was so confused i don't know what to do. please read letter below. they give me 45 days to do this. when my wife applied for her PR she don't know that there is such clause about that. we did live together before she went to Canada. we are not yet married that time so she did not put me on her application. we are only married April 2010.



A Preliminary review of your file, based on the information and documentation you have submitted to date, raises concerns that you may not meet the requirements for immigration to Canada.

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.

Paragraph 117(9)(d) of the Immigration and Refugee protection regulations establishes the circumstancesunder which a person may be excluded from the family class, notwithstanding their personal relationship to their sponsor. Specifically, the regulations state:

117(9)(d) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if subject to subsection(10), the sponsor previously made an application for permanent residence and became a permanent residence and at the time of that application, the foreign was a non-accompanying family member of the sponsor and was not examined.

Based on information you have presented to this office you and your sponsor cohabited from January 15, 2004 to April 4. 2006. Since that period is over one year, under the immigration and refugee protection regulations, you and your sponsor would have been common law partners. However from the record on file, your sponsor did not declare you as her dependent, either on her application for permanent residence, or when she obtained permanent residence on September 23,2009. it would appear that you fall within the exclusion established above provision.

Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond to this concern.

If your sponsor can demonstrate that you were declared as a family member and examined at the time of his/her application for permanent residence. it may be possible to proceed with your application. One way of demonstrating that you were declared as a family member would to be to provide a copy of your sponsors application for permanent residence. if you sponsor does not have personal records, he/she may wish to contact representative who might have assisted in their application and retained a copy of their file.

 

[PMM]

Hi

I received a letter from CEM i have problem with my application. Sad Sad Sad NEED HELP BADLY... ANY IDEA... i was so confused i don't know what to do. please read letter below. they give me 45 days to do this. when my wife applied for her PR she don't know that there is such clause about that. we did live together before she went to Canada. we are not yet married that time so she did not put me on her application. we are only married April 2010.



A Preliminary review of your file, based on the information and documentation you have submitted to date, raises concerns that you may not meet the requirements for immigration to Canada.

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.

Paragraph 117(9)(d) of the Immigration and Refugee protection regulations establishes the circumstancesunder which a person may be excluded from the family class, notwithstanding their personal relationship to their sponsor. Specifically, the regulations state:

117(9)(d) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if subject to subsection(10), the sponsor previously made an application for permanent residence and became a permanent residence and at the time of that application, the foreign was a non-accompanying family member of the sponsor and was not examined.

Based on information you have presented to this office you and your sponsor cohabited from January 15, 2004 to April 4. 2006. Since that period is over one year, under the immigration and refugee protection regulations, you and your sponsor would have been common law partners. However from the record on file, your sponsor did not declare you as her dependent, either on her application for permanent residence, or when she obtained permanent residence on September 23,2009. it would appear that you fall within the exclusion established above provision.

Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond to this concern.

If your sponsor can demonstrate that you were declared as a family member and examined at the time of his/her application for permanent residence. it may be possible to proceed with your application. One way of demonstrating that you were declared as a family member would to be to provide a copy of your sponsors application for permanent residence. if you sponsor does not have personal records, he/she may wish to contact representative who might have assisted in their application and retained a copy of their file.

1. If you lived together in a common/law relationship for 1 year or more, and your spouse didn't declare the relationship and you were never medically examined, then you can expect a refusal of the application. As you are no longer considered a member of the family class.
2. So unless you can prove that you never lived together, then I am sorry to say, your application will be refused.

 

[jl_pamittan]

Hi

1. If you lived together in a common/law relationship for 1 year or more, and your spouse didn't declare the relationship and you were never medically examined, then you can expect a refusal of the application. As you are no longer considered a member of the family class.
2. So unless you can prove that you never lived together, then I am sorry to say, your application will be refused.

Thanks a lot for your reply. I have a question to you. what class of family now i belong to... were married now.

1. Very sad to hear that refusal word. We have no idea about this, that she should have declared me. i just wanted to be with my wife and daughter.

2. Thats the reality we live together here in the Philippines for more than a year before she went to canada. She do not know that she should have declared me during her PR application. honest mistake.

Is there anything i can do about this?
If i will be refused what would be my next step?
For this reason of refusal what should i do?

 

[CharlieD10]

You are not considered a member of the family class if your partner does not declare you and have you medically examined when they obtain permanent residence if you were in a relationship before they become PR. You were living together for more than a year before she received PR, she should have declared that relationship. There are no two ways about this regulation, it doesn't matter if it was an honest mistake or a deliberate attempt to conceal your relationship.

 

[jenbabs]

hi just want to know, what did you do?

 

[christ_servant]

hi ano pong ginawa nyo same case here? pra na akong namatay nong natanggap k sulat...