Procedural fairness Letter - Replied - What should I do next !!!

[TrangVu]

Hi everyone,

I applied for spouse sponsorship Feb 2018. About my case, everything was fine until I got landing interview. The VO asked us to provide ID and our ID address weren’t same. We also couldn’t provide any paper to prove we are living together at that time as I didn’t prepare good enough (We were living in Toronto then moved back to my husband’s aunties house cause we have baby)

Here is the letter:


“This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.

Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor have been cohabiting in dq the same residence since the filing of your application.

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 124(a) of the Immigration and Refugee Protection Regulations states, a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or common- law partner of a sponsor and cohabit with that sponsor in Canada.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.

Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

The onus is on you to satisfy me that you are a member of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within thirty (30) days from the date of this letter.”


My reply:

* To proved we were living in Toronto together until we have baby *

- House lease: have both name on it, from May 2017 (before we applied for PR) to December 2018 (after my baby was born)

- Letter from house insurance company included both name on it

• Pictures of me and him and my baby was born at home
• My baby’s birth certificate (including parents names, our at address in Toronto and his aunts’ address cause we already planned to move)
• Picture of his aunt visited us and baby
• Our bank statement
• My ID with address in Toronto

*To prove we are living in his aunts house*

• My ID with updated address (Feb 2019)
• My husband’s driver license
• My online orders (Feb 2019)
• His bank mails
• His aunts letters confirm that we lived in Toronto and just moved back
• Pictures with baby in his aunts house
• Some daily pictures
• Pictures with his friends in my birthday
• My explanation letter

My name is XXX My date of birth is XXX. I would like to explain about my situation why my husband XXX keeps his old address 1828 XXX on his ID and why our ID address were different in the landing interview.

First of all, I am a foreigner. When I register my ID (Photo card) or other government issued ID’s was when my husband and I already dating and living together. Therefore I registered the address 51 TORONTO.

Secondly, my husband is Native American, all his life he was living with his Aunts at 1828 XXX (Indian Reverse Area) so he registered this address for all his ID’s. After we got married and were living together as we rented a basement at 51 Toronto. Because we could not afford to buy a house yet, and another reason, he was afraid that too many people have the same mailing address at this place so all the important documents he still mails back to his mailing address at 1828 XXX. Every month we went back to his aunts’ house two to three times to visit her and collected his mails from there.

Furthermore, in March 2018 I found out that I was pregnant. Since it is our first child, all of us (including my family and my husband’s family) were very excited, so his Aunt invited us to move in and live with her and she can help us taking care of the baby. Also Toronto is too expensive for the living cost, that is why my husband and I decided to move back to his aunt’s place and living with her on December 7th, 2018. My husband therefore no need to change his address to update the current record with our application.

After having the baby my memory and mood change rapidly. I was easily upset and felt anxiety, lacked of sleep, memory reduced rapidly, so I totally did not remember to change my address on all my ID’s. That’s the reason why in the landing interview, the address on my ID’s and my husband’s did not matched.

I attach along with this letter proof of record that we always live together since the first date we decided to spend the rest of our lives together, and now since our new baby arrived, it is more reason for us to be together and raise our child in this wonderful country together. I truly hope you can granted my permanent resident approval so our family can be together and of course I truly believe that nothing is more important for all of us than the best interest of the child (and of course be with his mother and father).

Here is the contact information if you wish to contact my previous landlord to get to know more about us. He can prove if my husband and I were living together at this address of : 51 Toronto. His name is ... his contact No ...

Thank you so much for your understanding.


What do you think about my reply? Is it good enough? I already have waited almost 2 weeks. Should I contact the MP?

I know I can’t change anything now but just wanna know people opinions to calm myself.

Thank you guys.

 

[21Goose]

Have you already submitted this? It seems pretty good to me, but let's see what some of the more experienced members say.

The only thing that I might have added was a letter from your landlord.

Don't be too worried though. Good luck!

 

[canuck_in_uk]

Hi everyone,

I applied for spouse sponsorship Feb 2018. About my case, everything was fine until I got landing interview. The VO asked us to provide ID and our ID address weren’t same. We also couldn’t provide any paper to prove we are living together at that time as I didn’t prepare good enough (We were living in Toronto then moved back to my husband’s aunties house cause we have baby)

Here is the letter:


“This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.

Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor have been cohabiting in dq the same residence since the filing of your application.

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 124(a) of the Immigration and Refugee Protection Regulations states, a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or common- law partner of a sponsor and cohabit with that sponsor in Canada.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.

Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

The onus is on you to satisfy me that you are a member of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within thirty (30) days from the date of this letter.”


My reply:

* To proved we were living in Toronto together until we have baby *

- House lease: have both name on it, from May 2017 (before we applied for PR) to December 2018 (after my baby was born)

- Letter from house insurance company included both name on it

• Pictures of me and him and my baby was born at home
• My baby’s birth certificate (including parents names, our at address in Toronto and his aunts’ address cause we already planned to move)
• Picture of his aunt visited us and baby
• Our bank statement
• My ID with address in Toronto

*To prove we are living in his aunts house*

• My ID with updated address (Feb 2019)
• My husband’s driver license
• My online orders (Feb 2019)
• His bank mails
• His aunts letters confirm that we lived in Toronto and just moved back
• Pictures with baby in his aunts house
• Some daily pictures
• Pictures with his friends in my birthday
• My explanation letter

My name is XXX My date of birth is XXX. I would like to explain about my situation why my husband XXX keeps his old address 1828 XXX on his ID and why our ID address were different in the landing interview.

First of all, I am a foreigner. When I register my ID (Photo card) or other government issued ID’s was when my husband and I already dating and living together. Therefore I registered the address 51 TORONTO.

Secondly, my husband is Native American, all his life he was living with his Aunts at 1828 XXX (Indian Reverse Area) so he registered this address for all his ID’s. After we got married and were living together as we rented a basement at 51 Toronto. Because we could not afford to buy a house yet, and another reason, he was afraid that too many people have the same mailing address at this place so all the important documents he still mails back to his mailing address at 1828 XXX. Every month we went back to his aunts’ house two to three times to visit her and collected his mails from there.

Furthermore, in March 2018 I found out that I was pregnant. Since it is our first child, all of us (including my family and my husband’s family) were very excited, so his Aunt invited us to move in and live with her and she can help us taking care of the baby. Also Toronto is too expensive for the living cost, that is why my husband and I decided to move back to his aunt’s place and living with her on December 7th, 2018. My husband therefore no need to change his address to update the current record with our application.

After having the baby my memory and mood change rapidly. I was easily upset and felt anxiety, lacked of sleep, memory reduced rapidly, so I totally did not remember to change my address on all my ID’s. That’s the reason why in the landing interview, the address on my ID’s and my husband’s did not matched.

I attach along with this letter proof of record that we always live together since the first date we decided to spend the rest of our lives together, and now since our new baby arrived, it is more reason for us to be together and raise our child in this wonderful country together. I truly hope you can granted my permanent resident approval so our family can be together and of course I truly believe that nothing is more important for all of us than the best interest of the child (and of course be with his mother and father).

Here is the contact information if you wish to contact my previous landlord to get to know more about us. He can prove if my husband and I were living together at this address of : 51 Toronto. His name is ... his contact No ...

Thank you so much for your understanding.


What do you think about my reply? Is it good enough? I already have waited almost 2 weeks. Should I contact the MP?

I know I can’t change anything now but just wanna know people opinions to calm myself.

Thank you guys.

All you can do is wait. There is no point in calling your MP, as they can only inquire and as it has only been 2 weeks, there will not be any new information to give you.

 

[TrangVu]

Have you already submitted this? It seems pretty good to me, but let's see what some of the more experienced members say.

The only thing that I might have added was a letter from your landlord.

Don't be too worried though. Good luck!

Yeah I was going to but he was busy so I just provided his contact info.
I hope it’ll be good news

 

[TrangVu]

All you can do is wait. There is no point in calling your MP, as they can only inquire and as it has only been 2 weeks, there will not be any new information to give you.

I read some posts it took only like 5 days so I’m just worried.
What do you think about my reply? I also attached pictures of our baby shower.
Thank you.

 

[canuck_in_uk]

I read some posts it took only like 5 days so I’m just worried.
What do you think about my reply? I also attached pictures of our baby shower.
Thank you.

Honestly, nothing you've listed definitively proves that you continued to cohabit from the one address to the next. Baby shower pictures don't prove cohabitation. It will be up to the officer.

 

[TrangVu]

Honestly, nothing you've listed definitively proves that you continued to cohabit from the one address to the next. Baby shower pictures don't prove cohabitation. It will be up to the officer.

In your opinion what is strong proof for it? Just curious. I know I can’t change anything now

 

[Attak]

Hi everyone,

I applied for spouse sponsorship Feb 2018. About my case, everything was fine until I got landing interview. The VO asked us to provide ID and our ID address weren’t same. We also couldn’t provide any paper to prove we are living together at that time as I didn’t prepare good enough (We were living in Toronto then moved back to my husband’s aunties house cause we have baby)

Here is the letter:


“This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.

Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor have been cohabiting in dq the same residence since the filing of your application.

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 124(a) of the Immigration and Refugee Protection Regulations states, a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or common- law partner of a sponsor and cohabit with that sponsor in Canada.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.

Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

The onus is on you to satisfy me that you are a member of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within thirty (30) days from the date of this letter.”


My reply:

* To proved we were living in Toronto together until we have baby *

- House lease: have both name on it, from May 2017 (before we applied for PR) to December 2018 (after my baby was born)

- Letter from house insurance company included both name on it

• Pictures of me and him and my baby was born at home
• My baby’s birth certificate (including parents names, our at address in Toronto and his aunts’ address cause we already planned to move)
• Picture of his aunt visited us and baby
• Our bank statement
• My ID with address in Toronto

*To prove we are living in his aunts house*

• My ID with updated address (Feb 2019)
• My husband’s driver license
• My online orders (Feb 2019)
• His bank mails
• His aunts letters confirm that we lived in Toronto and just moved back
• Pictures with baby in his aunts house
• Some daily pictures
• Pictures with his friends in my birthday
• My explanation letter

My name is XXX My date of birth is XXX. I would like to explain about my situation why my husband XXX keeps his old address 1828 XXX on his ID and why our ID address were different in the landing interview.

First of all, I am a foreigner. When I register my ID (Photo card) or other government issued ID’s was when my husband and I already dating and living together. Therefore I registered the address 51 TORONTO.

Secondly, my husband is Native American, all his life he was living with his Aunts at 1828 XXX (Indian Reverse Area) so he registered this address for all his ID’s. After we got married and were living together as we rented a basement at 51 Toronto. Because we could not afford to buy a house yet, and another reason, he was afraid that too many people have the same mailing address at this place so all the important documents he still mails back to his mailing address at 1828 XXX. Every month we went back to his aunts’ house two to three times to visit her and collected his mails from there.

Furthermore, in March 2018 I found out that I was pregnant. Since it is our first child, all of us (including my family and my husband’s family) were very excited, so his Aunt invited us to move in and live with her and she can help us taking care of the baby. Also Toronto is too expensive for the living cost, that is why my husband and I decided to move back to his aunt’s place and living with her on December 7th, 2018. My husband therefore no need to change his address to update the current record with our application.

After having the baby my memory and mood change rapidly. I was easily upset and felt anxiety, lacked of sleep, memory reduced rapidly, so I totally did not remember to change my address on all my ID’s. That’s the reason why in the landing interview, the address on my ID’s and my husband’s did not matched.

I attach along with this letter proof of record that we always live together since the first date we decided to spend the rest of our lives together, and now since our new baby arrived, it is more reason for us to be together and raise our child in this wonderful country together. I truly hope you can granted my permanent resident approval so our family can be together and of course I truly believe that nothing is more important for all of us than the best interest of the child (and of course be with his mother and father).

Here is the contact information if you wish to contact my previous landlord to get to know more about us. He can prove if my husband and I were living together at this address of : 51 Toronto. His name is ... his contact No ...

Thank you so much for your understanding.


What do you think about my reply? Is it good enough? I already have waited almost 2 weeks. Should I contact the MP?

I know I can’t change anything now but just wanna know people opinions to calm myself.

Thank you guys.

I think your evidence and the letter of explanations is enough for any reasonable person to come to conclusion that you have and continue to cohabit even though there was a move from your current address to your new address though not updated is reasonable and in my opinion your reasons for moving out of your old address was because of the newborn baby which is also one of the evidence to establish relationship.So just keep your fingers crossed. I am in similar situation though my file has been transferred for further assessment yet l have not received any fairness letter.You would go through with the evidence and the explanations given concerning the change of address . Of particular important is both address are stated on the child birth certificate and you names are also there. There is evidence of baby shower and other outings. In the circumstances of the matter not necessarily living together because of child birth is not fatal.

 

[canuck_in_uk]

In your opinion what is strong proof for it? Just curious. I know I can’t change anything now

Evidence of the move, changing your addresses right away on everything, mail coming to the new address from the start.

 

[TrangVu]

I think your evidence and the letter of explanations is enough for any reasonable person to come to conclusion that you have and continue to cohabit even though there was a move from your current address to your new address though not updated is reasonable and in my opinion your reasons for moving out of your old address was because of the newborn baby which is also one of the evidence to establish relationship.So just keep your fingers crossed. I am in similar situation though my file has been transferred for further assessment yet l have not received any fairness letter.You would go through with the evidence and the explanations given concerning the change of address . Of particular important is both address are stated on the child birth certificate and you names are also there. There is evidence of baby shower and other outings. In the circumstances of the matter not necessarily living together because of child birth is not fatal.

I think my proof pretty makes sense. At that time I actually had nothing to show that we are living in the same new address cause we just moved a month ago and I totally forgot to update my address. Stupid me.

 

[TrangVu]

Evidence of the move, changing your addresses right away on everything, mail coming to the new address from the start.

Since we moved in Dec 7 and got interview in Jan 16th there is not much like billing, house lease (we are living with his aunts) or mails from order online, etc...
My Id was updated in Jan 21 because after the interview they reminded me to change it (I explained in my letter that I forgot to change it). I also updated my bank account statement. Then my online orders came in Feb to the new address. I think the gap is not really too long. And since I didn’t know this will happend so it’s kinda weird if I take pics when I move or things like that (what do you mean evidence of the move actually? His aunts rented an U-Haul for us and she also mentioned that in her letter)
Other than that I totally can’t find any other proofs.

 

[Attak]

I think my proof pretty makes sense. At that time I actually had nothing to show that we are living in the same new address cause we just moved a month ago and I totally forgot to update my address. Stupid me.

I think you would be fine with that explanations obviously your aunt house is not for you so if you provide lease to cover up one can doubt the evidence provided. The explanation is justiable grounds for any reasonable persons to come to conclusion that you guys are together. They should grant you your PR. Some officers try to overstretched things sometimes.

 

[TrangVu]

I think you would be fine with that explanations obviously your aunt house is not for you so if you provide lease to cover up one can doubt the evidence provided. The explanation is justiable grounds for any reasonable persons to come to conclusion that you guys are together. They should grant you your PR. Some officers try to overstretched things sometimes.

I hope they won’t be heartless and reject me just because of a stupid mistake of a mom just gave birth.
Thank you for your reply.

 

[Attak]

I hope they won’t be heartless and reject me just because of a stupid mistake of a mom just gave birth.
Thank you for your reply.

I am in the same situation when my wife was about to give birth after 12months of us living together, we agreed that she should go and live with the mum and give birth at her mum place.l moved in but we still maintain our old address as living with her mum place is temporary and more so it was the first child of my wife and she needed support from parents and other family members. Our application has been transferred for further assessment but we haven't heard anything from them.it is close to 23months now but l am still waiting .

 

[TrangVu]

I am in the same situation when my wife was about to give birth after 12months of us living together, we agreed that she should go and live with the mum and give birth at her mum place.l moved in but we still maintain our old address as living with her mum place is temporary and more so it was the first child of my wife and she needed support from parents and other family members. Our application has been transferred for further assessment but we haven't heard anything from them.it is close to 23months now but l am still waiting .

WHAT!!! 23 months. Omg. So did you get landing interview or anything? When did you apply for sponsorship and what stage did you start your problem?