Yesterday I received an email that saying that it is possible that they would deny my application because I was not examined at the time my sponsor was applying for their PR. Here is the important parts of the email:
This is with respect to your application for a permanent resident visa as a member of the family class, the class in which you applied.
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 circumstances under 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 resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Based on the information you have presented to this office, it would appear you fall within the exclusion established by this provision. Specifically, it would appear that your common-law relationship with your sponsor began in January 2010. You were not examined as a common-law partner when your sponsor applied for and subsequently obtained permanent residence in Canada on September 19, 2011
Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond o this concern.
If your sponsor can demonstrate that you were declared as a family member and examined at the time of 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 be to provide a copy of your sponsor’s application for permanent residence. If your sponsor does not have personal records, she may wish to contact any representative who might have assisted in their application and retained a copy of their file. Please note that this office cannot provide any assistance with this process.
Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration in response to the concerns identified above must be received at our office within 45 days of the date of this letter.
At the end of this period, your file will be examined by a visa officer. The officer will review your file and will make a decision on the application, taking into consideration all of the facts, circumstances and submissions before him/her. This will, of course, include your response (if any) to the concerns identified above and any additional documentation you have submitted. If you choose not to respond, the officer will make a decision on the basis of the information before him/her.
Please be aware that as a result of the identified exclusion issue, failure to provide any additional submissions will likely result in the refusal of your application for permanent residence.
We were dating since 2008 and she got pregnant late 2009 then we decided to live together start of the year 2010. Then they landed to canada on September 19 2011 then came back here in Manila for 1 month vacation on January 2013 and we also get married during their vacation here. Can anyone please help me with this. I don't know what to do this could tear are family apart. We already have a baby which is the reason why we lived together on 2010.
This is with respect to your application for a permanent resident visa as a member of the family class, the class in which you applied.
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 circumstances under 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 resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Based on the information you have presented to this office, it would appear you fall within the exclusion established by this provision. Specifically, it would appear that your common-law relationship with your sponsor began in January 2010. You were not examined as a common-law partner when your sponsor applied for and subsequently obtained permanent residence in Canada on September 19, 2011
Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond o this concern.
If your sponsor can demonstrate that you were declared as a family member and examined at the time of 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 be to provide a copy of your sponsor’s application for permanent residence. If your sponsor does not have personal records, she may wish to contact any representative who might have assisted in their application and retained a copy of their file. Please note that this office cannot provide any assistance with this process.
Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration in response to the concerns identified above must be received at our office within 45 days of the date of this letter.
At the end of this period, your file will be examined by a visa officer. The officer will review your file and will make a decision on the application, taking into consideration all of the facts, circumstances and submissions before him/her. This will, of course, include your response (if any) to the concerns identified above and any additional documentation you have submitted. If you choose not to respond, the officer will make a decision on the basis of the information before him/her.
Please be aware that as a result of the identified exclusion issue, failure to provide any additional submissions will likely result in the refusal of your application for permanent residence.
We were dating since 2008 and she got pregnant late 2009 then we decided to live together start of the year 2010. Then they landed to canada on September 19 2011 then came back here in Manila for 1 month vacation on January 2013 and we also get married during their vacation here. Can anyone please help me with this. I don't know what to do this could tear are family apart. We already have a baby which is the reason why we lived together on 2010.
