Possible Denial Paragraph 117(9)(d)

[Rob_TO]

So Sweden are you saying that I do not have a fighting chance on this? We did not mistakenly not declare me on their application so it's not ignoring the law. We did it on purpose because we don't have anything to prove that we are on a CL relationship.

I don't think you have any chance anymore. You've stated to CIC in your application you were living together over 1 year in a conjugal relationship, so that is now all that matters.

You can try talking to a good immigration lawyer but I don't think there is anything they can do for you. If you read the cases of denials under 117(9)(d), practically none are overturned at appeals. This law is upheld very strictly.

You should really start to investigate other ways you can immigrate to Canada outside the family class.

 

[scylla]

I don't think you have any chance anymore. You've stated to CIC in your application you were living together over 1 year in a conjugal relationship, so that is now all that matters.

You can try talking to a good immigration lawyer but I don't think there is anything they can do for you. If you read the cases of denials under 117(9)(d), practically none are overturned at appeals. This law is upheld very strictly.

You should really start to investigate other ways you can immigrate to Canada outside the family class.

I agree. Unfortunately I think a lawyer will be a waste of money. Better to focus on determining how to immigrate to Canada independently.

 

[RobertoMags]

Thanks Ponga for your kind words. Thanks to all of everyone who gives advise as well.

I'm thinking of talking to a lawyer then if he/she advises me not to appeal because it might revoke my wife PR, I won't. Then I would have to find other way to migrate and one option is to apply for a job or something like that, which might turn out better. Because I'm a software engineer here in Philippines and I don't want to go there just for the sake of going and living there. Then have a job that I don't like. The waiting could be exhausting but what can I do? Just have to play the hand I was dealt with I guess. Thanks!

 

[Ponga]

In the interim, can the OP withdraw his application?

If so, and he is from a visa exempt country, could he leave and re-enter Canada to establish a 6 months visitor status?
This would allow him to be in Canada with his wife, while looking at possible solutions. If needed, leave again before the
visitor status expires, re-enter and continue?

 

[Ponga]

Thanks Ponga for your kind words. Thanks to all of everyone who gives advise as well.

I'm thinking of talking to a lawyer then if he/she advises me not to appeal because it might revoke my wife PR, I won't. Then I would have to find other way to migrate and one option is to apply for a job or something like that, which might turn out better. Because I'm a software engineer here in Philippines and I don't want to go there just for the sake of going and living there. Then have a job that I don't like. The waiting could be exhausting but what can I do? Just have to play the hand I was dealt with I guess. Thanks!

I was under the impression that you were already IN Canada, since the last sentence in your original message said "...we are living together."

I do hope that you find a way to make this work for you and your family.

 

[jomz]

Thanks Ponga for your kind words. Thanks to all of everyone who gives advise as well.

I'm thinking of talking to a lawyer then if he/she advises me not to appeal because it might revoke my wife PR, I won't. Then I would have to find other way to migrate and one option is to apply for a job or something like that, which might turn out better. Because I'm a software engineer here in Philippines and I don't want to go there just for the sake of going and living there. Then have a job that I don't like. The waiting could be exhausting but what can I do? Just have to play the hand I was dealt with I guess. Thanks!

Research Alberta for employment opportunities. There are many great companies, however in Alberta for engineering you will need to write exams here in order to be recognized by The Association of Professional Engineers and Geoscientists of Alberta (I have some information on this as I submitted my husbands credentials with them to see what he will need). Every province has their own association. But you will at least have some leads and an idea what you will need to be recognized as an engineer in Canada. www.apegga.org/‎

 

[canuck_in_uk]

I'm thinking of talking to a lawyer then if he/she advises me not to appeal because it might revoke my wife PR, I won't. Then I would have to find other way to migrate and one option is to apply for a job or something like that, which might turn out better. Because I'm a software engineer here in Philippines and I don't want to go there just for the sake of going and living there. Then have a job that I don't like. The waiting could be exhausting but what can I do? Just have to play the hand I was dealt with I guess. Thanks!

Appealing wont just risk your wife's PR status. The main applicant of the PR app, her parent, also committed misrepresentation. Drawing more attention to that risks the whole family's PR.

 

[RobertoMags]

Here is the definition of dependent children according to CIC

Dependent children Refers to the children of the applicant or those of the spouse or common-law partner.
They must:

-be under the age of 22 and not have a spouse or common-law partner, or
-depend substantially on the financial support of a parent and have been continuously enrolled and in attendance as full-time students in a post-secondary institution accredited by the relevant government authority since before the age of 22 (or since marrying or entering into a common-law relationship, if this happened before the age of 22), or
-depend substantially on the financial support of a parent since before the age of 22 and be unable to provide for themselves due to a medical condition.


My wife can be categorized as dependent children according to this clause: -depend substantially on the financial support of a parent and have been continuously enrolled and in attendance as full-time students in a post-secondary institution accredited by the relevant government authority since before the age of 22 (or since marrying or entering into a common-law relationship, if this happened before the age of 22) I don't understand why you are saying that appealing might risk her PR status. If I understand this correctly it states that she is depending on her parents for financial support and is currently enrolled during their application which is both true. Please explain thanks.

 

[jomz]

Not quite. There are some allowances for a dependent child to be married or in CL and still be viewed as dependent. The OP is having problems now because his spouse claimed to be single at time of her application, and meanwhile she was in a CL relationship (undeclared to CIC). So the OP became excluded under the family class.

As I said earlier. see above. We know about this. But the problem arises that on that application under which she became a PR she was noted as "single" where in fact she was "common-law". And when she applied for your sponsorship, you have shown CIC that you and her were in common-law since Feb 2010, so well before she applied, or at least before she became a PR.

Therefore she cannot sponsor you as you are now excluded as a family member under 117(9)(d).

 

[canuck_in_uk]

I don't understand why you are saying that appealing might risk her PR status. If I understand this correctly it states that she is depending on her parents for financial support and is currently enrolled during their application which is both true. Please explain thanks.

Regardless of whether or not she actually qualified as a dependent, your wife and her parent LIED on their PR application. That is fraud and a crime.

See here http://www.cic.gc.ca/english/information/protection/fraud/document.asp

 

[RobertoMags]

that sucks big time! stupid country.

 

[zardoz]

This law is there for a reason. Suppose that a common-law partner entered Canada as "single" because their partner has a serious and costly medical problem. They then apply to sponsor them under Family Class Sponsorship medical rules. Canada is stuck with a massive drain of medical resources. Hence the "no examination, no sponsor" rule in 117 (9) (d). Not at all "stupid".

 

[mikeymyke]

At least you can immigrate here indepedently.

 

[RobertoMags]

It might not be stupid but it don't make sense that I cannot be with my family just because of one mistake. They should have considerations on cases like this. Like some sort of background investigation or something. They are breaking families apart is what they do. You can't tell because you're not experiencing it. Hope that you get separated with your love ones too because of some rules then not call it stupid I'll be happy for you.

 

[zardoz]

Your common-law partner always has the option to return to be with you. She didn't have to go to Canada with her parents...