Procedural Fairness Letter

[Love-in Tuazon]

Hi All, I really need help. I received Procedural Fairness Letter, asking me to provide my sponsor’s application for permanent residence. Where i was declared as a family member. The problem is we got married August 2016, and my wife got PR on October 2015. How is that? Please help me.

 

[scylla]

Did you live together before your wife came to Canada and became a PR? If so, for how long?

 

[Love-in Tuazon]

Did you live together before your wife came to Canada and became a PR? If so, for how long?

Yes. We live together for 1 year and 10 months.

 

[scylla]

Yes. We live together for 1 year and 10 months.

That's the problem. This means you were common law when she landed in Canada and became a permanent resident. Since you were common law, she was obligated to add you to her application and declare you as her common law partner before landing in Canada and becoming a PR - and you were obligated to complete a medical, pass security and background checks, etc. Since she failed to do this, it unfortunately means she cannot sponsor you.

Regardless of how you respond to the fairness letter - your application is unfortunately going to be refused.

Having your wife sponsor you is unfortunately not an option for immigrating. You'll need to start looking into Canada's economic immigration programs (like Express Entry) to determine if you qualify to apply on your own based on your education / work experience / language capabilities, etc. You can find detailed information about these programs here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html

Good luck.

 

[Love-in Tuazon]

That's the problem. This means you were common law when she landed in Canada and became a permanent resident. Since you were common law, she was obligated to add you to her application and declare you as her common law partner before landing in Canada and becoming a PR - and you were obligated to complete a medical, pass security and background checks, etc. Since she failed to do this, it unfortunately means she cannot sponsor you.

Regardless of how you respond to the fairness letter - your application is unfortunately going to be refused.

Having your wife sponsor you is unfortunately not an option for immigrating. You'll need to start looking into Canada's economic immigration programs (like Express Entry) to determine if you qualify to apply on your own based on your education / work experience / language capabilities, etc. You can find detailed information about these programs here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html

Good luck.

We have already 1 baby living with her. Are they can’t consider that?

 

[scylla]

We have already 1 baby living with her. Are they can’t consider that?

Unfortunately it doesn't matter.

Because she failed to declare you in her PR application, you are no longer classified as a family member and she can never sponsor you.

 

[Wonderland_1010]

We have already 1 baby living with her. Are they can’t consider that?

Also note that due to the fact your wife didn't change her martial status with CIC and landed as a PR with martial status single, CIC has the right to charge her with misrepresentation and that puts her own PR status in danger as well.

 

[Forte]

How did cic find out you guys lived together for over a year?

 

[scylla]

How did cic find out you guys lived together for over a year?

I'm guessing they figured this out easily by looking at the address history information in the spousal sponsorship application. The application likely showed they had a shared address for more than a year before she immigrated.

 

[Rety]

Hi All, I really need help. I received Procedural Fairness Letter, asking me to provide my sponsor’s application for permanent residence. Where i was declared as a family member. The problem is we got married August 2016, and my wife got PR on October 2015. How is that? Please help me.

Can u show your relation was not conjugal ? Same happened with my friend but she was able to convince that relation was not conjugal but they had evidence to show that . They started living together one was on study permit and other as visitor but while taking visitor extension they clearly said that they are exploring the relation they need time to give commitment . So when she got pr , they had lived for over a year but she did not find need to declare him as conjugal relation was less than 1 year . And after she sponsored her without a problem as common law but they already had proof given to cic about evolution of their relationship.

 

[greeeeen]

I'm guessing they figured this out easily by looking at the address history information in the spousal sponsorship application. The application likely showed they had a shared address for more than a year before she immigrated.

hi
how's your application right now?
have you convinced your VO
I might have the same case as yours

 

[carolbb23]

How did cic find out you guys lived together for over a year?

Cic and ircc is not stupid they do some snooping around if they feel something is not right

 

[canvis2006]

Well you send them what they asked and then take it from there.

 

[carolbb23]

With an ircc and cic officer if they have a feeling or haunch they have a field day snopping

 

[greeeeen]

we have someone from our group with undeclared child
no fairness letter and interview
got PPR today
don't lose hope
I'm not saying this will work for all of us
just be positive