Please Advise -urgent case-spousal sponsorship

[Emmaswan]

you are right. I don't know what I can do at this point, my work permit is gonna expiry in Jun /2017 and i dont have enough scores to go for the CEC.

 

[scylla]

I dont get it. Why does the common law relationship matter? It doesnt harm any one in Canada. Is it because CIC thinks the husband is deceiving the government?

That's not what it's about.

In economic immigration applications, all dependents (including spouses / common law partners) must be included in the application and pass a medical examination (as well as background and security checks) in order for the primary applicant to be approved. Where there is a significant difference is in the medical. For spousal sponsorship applications, those being sponsored are exempt from the medical burden requirement. Meaning that if a Canadian sponsors a spouse or common law partner, that individual cannot be refused for being a burden to the health care system. The same is not true of economic class applications and this is why all dependents must be included in the application. If one individual in an economic sponsorship application is refused for medical burden reasons, the entire application is refused. Applicants through the economic stream must include and declare all applicants and all applicants must pass the medical for PR to be approved. Failure to include a dependent means that the excluded individual is not longer classified as a family member and can never be sponsored in the future.

 

[scylla]

you are right. I don't know what I can do at this point, my work permit is gonna expiry in Jun /2017 and i dont have enough scores to go for the CEC.

There is one more option if you don't qualify.

Your husband can give up his PR status voluntarily. (Once he does this, he will have to stop working here and return to his home country.) He can then apply for PR again from the start and this time include you in the application as required.

 

[Emmaswan]

There is nothing to "fix". CIC already has all the details from your current application. Submitting a new app will just get you back to this exact same position. If you are going to "fix" anything, it would have to be during the interview already scheduled.

If you think you can qualify independently to immigrate to Canada on your own, then it would be better to withdraw the app and try that route.

My work permit is gonna expiry in Jun/2017 and my scores is not enough to qualify for CEC. So far, I really have no clue what should i do .

 

[carolbb23]

What ever you guys will do if you reapplied they will scrutinize your application. Because your husband lied

 

[canuck_in_uk]

My work permit is gonna expiry in Jun/2017 and my scores is not enough to qualify for CEC. So far, I really have no clue what should i do .

As scylla said, if you don't qualify on your own, the only option is for your partner to renounce his PR status and reapply with you properly included.

 

[Marulara]

This topic had me thinking about our situation. Me and my partner were already living together for 10mos. when he landed as PR but he did not declare me as commonlaw partner.. Our app is inprocess now. This will not be an issue right? Because we are not considered commonlaw yet when he landed?

 

[MilesAway]

This topic had me thinking about our situation. Me and my partner were already living together for 10mos. when he landed as PR but he did not declare me as commonlaw partner.. Our app is inprocess now. This will not be an issue right? Because we are not considered commonlaw yet when he landed?

You were not common-law yet, so there is no issue.

 

[canadianwoman]

Yes, CIC thinks people who immigrate as single when they are really common-law are trying to cheat the system. The reason is that when the man applied to immigrate to Canada, he had to pass a medical and background check. If he had a common-law partner, this partner would also have to have had the medical and background check. If the partner did not pass the medical, the man would not have been approved to immigrate.
However, once the man becomes a PR as single, and then marries, his wife no longer has to pass the medical. She still has to have one, but even if she has some illness or disability that would have prevented them from immigrating together, she can still be successfully sponsored as a spouse.

For the OP: if you withdraw the application now, then try to fix the problem, this will probably not work. CIC already has the information you sent in. If you withdraw and reapply, they still will have the information from the first application. I suggest you get proof that you did not live together for 1.5 years and take it with you to the interview. You could get an affidavit from the friend that your husband lived with during that time. A long enough break in cohabitation means that the one-year requirement for common-law may not have been met. For example, if you lived together for 7 months, then he left and lived with his friend for two months, then moved back in with you, you do not have one year of continuous cohabitation. The visa officer will probably not believe this, and will argue with you. If it is true, have proof, be sure in your descriptions of the relationship, don't waver, and it might work.
Don't argue that your partner was single because common-law does not exist in your country. CIC does not take this into consideration.
If you cannot get any proof, it might be better to just try to immigrate to Canada on your own through one of the other immigrant streams.

 

[Aquakitty]

Agree, don't use ignorance as an excuse, it won't work. The applicant is responsible for knowing the rules.

The only way I can see this being possible is if you have proof you were separated when he applied. Your relationship going poorly at the time isn't enough. If you broke up during that time and have some way to prove it, you might have a chance. Otherwise he can never sponsor you.


I do recall reading about a similar case on CANLII, where the applicant and the spouse broke up during the applicant's original immigration, then later got back together. However, they had some way to prove it, and had to go all the way through to Federal court on appeal to the IRB to get it settled.

 

[Marulara]

You were not common-law yet, so there is no issue.

Oh thank you!

 

[Emmaswan]

Yes, CIC thinks people who immigrate as single when they are really common-law are trying to cheat the system. The reason is that when the man applied to immigrate to Canada, he had to pass a medical and background check. If he had a common-law partner, this partner would also have to have had the medical and background check. If the partner did not pass the medical, the man would not have been approved to immigrate.
However, once the man becomes a PR as single, and then marries, his wife no longer has to pass the medical. She still has to have one, but even if she has some illness or disability that would have prevented them from immigrating together, she can still be successfully sponsored as a spouse.

For the OP: if you withdraw the application now, then try to fix the problem, this will probably not work. CIC already has the information you sent in. If you withdraw and reapply, they still will have the information from the first application. I suggest you get proof that you did not live together for 1.5 years and take it with you to the interview. You could get an affidavit from the friend that your husband lived with during that time. A long enough break in cohabitation means that the one-year requirement for common-law may not have been met. For example, if you lived together for 7 months, then he left and lived with his friend for two months, then moved back in with you, you do not have one year of continuous cohabitation. The visa officer will probably not believe this, and will argue with you. If it is true, have proof, be sure in your descriptions of the relationship, don't waver, and it might work.
Don't argue that your partner was single because common-law does not exist in your country. CIC does not take this into consideration.
If you cannot get any proof, it might be better to just try to immigrate to Canada on your own through one of the other immigrant streams.

Thank you for you advise. I recalled that during the time my husband and i had conflict. sometimes he stayed with his friend and even he came back he slept in the other room of the condo we lived in. This was true and I really don't know how to prove we slept in separate rooms during our separation for almost 3 months in between.

 

[Emmaswan]

Agree, don't use ignorance as an excuse, it won't work. The applicant is responsible for knowing the rules.

The only way I can see this being possible is if you have proof you were separated when he applied. Your relationship going poorly at the time isn't enough. If you broke up during that time and have some way to prove it, you might have a chance. Otherwise he can never sponsor you.


I do recall reading about a similar case on CANLII, where the applicant and the spouse broke up during the applicant's original immigration, then later got back together. However, they had some way to prove it, and had to go all the way through to Federal court on appeal to the IRB to get it settled.

CANLII? IS THIS A CASE NAME ? How do i find more information regarding this ?

 

[carolbb23]

Thank you for you advise. I recalled that during the time my husband and i had conflict. sometimes he stayed with his friend and even he came back he slept in the other room of the condo we lived in. This was true and I really don't know how to prove we slept in separate rooms during our separation for almost 3 months in between.

Like someone said get your husband friend to write a letter that he stayed with gim

 

[canuck_in_uk]

CANLII? IS THIS A CASE NAME ? How do i find more information regarding this ?

It's a legal website. https://www.canlii.org/en/

Thank you for you advise. I recalled that during the time my husband and i had conflict. sometimes he stayed with his friend and even he came back he slept in the other room of the condo we lived in. This was true and I really don't know how to prove we slept in separate rooms during our separation for almost 3 months in between.

At this point, without hard evidence (mail/ID/documents/etc.) that he resided somewhere else for at least 3-4 weeks during that time, you are out of options. IRCC will not believe any claim that you stayed in separate rooms or give any credence to a letter from a friend claiming your partner lived somewhere else for a time.

Like someone said get your husband friend to write a letter that he stayed with gim

It really wouldn't be worth anything.