HI EVERYONE,
I have received PFL from CIC on Feb 6, 2019. Just wanted to see if any one has experienced this. Any advice would be appreciated. Below is my time line
Application received on Mar 21,2018
Medical request on September 18, 2018
Additional documents request on January 18, 2019
Approval of sponsorship on January 23, 2019
Procedural Fairness Letter on February 11, 2019
We applied under common law sponsorship. (moved in on March1,2017, married on Sep 22, 2018)
Documents we first submitted 1) Lease agreement 2) Driver License/Medical Card copy 3) supporting letters from two of applicant's family and friend 4) Joint bank account statement 5) 20 photos 6) Transfer of fund (from my husband's account to my account for investment) 7) Airline ticket that we travelled together
When I received my marriage certificate, I submitted it through website at once.
The first time we received additional document request, we submitted :1 ) 2016& 2017 Notice of assessment( filed separately as we did the tax on February, haven't meet the one-year common law requirement) 2)Past 12 months Our separate bank account statement 3) Declaration of common law relationship 4) We submitted our wedding photos as well.
Obviously, those document didn't satisfied our officer, so we received PFL.
Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor
have been cohabiting in the same residence in a conjugal relationship for a period of at least one year
prior to the filing of your application. The Application to Sponsor, Sponsorship Agreement and
Undertaking (IMM1344) was received in our office on March 21, 2018. Canadian courts have set out
the generally accepted characteristics of a conjugal relationship. These involve a mutual commitment
to a shared life and a relationship of some permanence where the two parties are interdependent and
have combined their affairs economically, socially, emotionally and physically. Based on the limited
evidence relative to your mutual cohabitation for a period of one year, I am not satisfied that you and
your sponsor meet the definition of a common-law partnership.
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, commonlaw
partner, child, parent or other prescribed family member of a Canadian citizen or permanent
resident.
According to subsection 1(1) of the Immigration and Refugee Protection Regulations, a common-law
partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal
relationship, having so cohabited for a period of at least one year.
According to subsection 124(a) of the Regulations, 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.
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.
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.
Now I have 30 days to submit any document that may satisfy the officer.
I am review my document and thinking what my problem may be?
1) Visa Officer specifically highlighted "having so cohabited for a period of at least one year" What else might be helpful? I am thinking of furniture purchase receipt, text message/telephone bill, landlord's letter. Anything else?
2) I didn't have employee benefit package or life insurance with my husband?
3) Is the officer only looking at the proof based on my common law relationship regardless of the fact that we are already married?
4) When I filed the application, I wanted to extend work visa, but I called CIC they told me there is still 15month on it, so you do need to do it right. Now with 4 month expiration date, I guess have to extend it first before submitting other documents?
5) We went back to China together on Dec.31,2017 to meet each other's parent. But I came back three weeks later than my husband. I checked on CIC, short-term separation is accepted, maybe I should write a letter to explain?
I know it's a very long email, but it's my last shot. Thanks everyone in advance.
I have received PFL from CIC on Feb 6, 2019. Just wanted to see if any one has experienced this. Any advice would be appreciated. Below is my time line
Application received on Mar 21,2018
Medical request on September 18, 2018
Additional documents request on January 18, 2019
Approval of sponsorship on January 23, 2019
Procedural Fairness Letter on February 11, 2019
We applied under common law sponsorship. (moved in on March1,2017, married on Sep 22, 2018)
Documents we first submitted 1) Lease agreement 2) Driver License/Medical Card copy 3) supporting letters from two of applicant's family and friend 4) Joint bank account statement 5) 20 photos 6) Transfer of fund (from my husband's account to my account for investment) 7) Airline ticket that we travelled together
When I received my marriage certificate, I submitted it through website at once.
The first time we received additional document request, we submitted :1 ) 2016& 2017 Notice of assessment( filed separately as we did the tax on February, haven't meet the one-year common law requirement) 2)Past 12 months Our separate bank account statement 3) Declaration of common law relationship 4) We submitted our wedding photos as well.
Obviously, those document didn't satisfied our officer, so we received PFL.
Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor
have been cohabiting in the same residence in a conjugal relationship for a period of at least one year
prior to the filing of your application. The Application to Sponsor, Sponsorship Agreement and
Undertaking (IMM1344) was received in our office on March 21, 2018. Canadian courts have set out
the generally accepted characteristics of a conjugal relationship. These involve a mutual commitment
to a shared life and a relationship of some permanence where the two parties are interdependent and
have combined their affairs economically, socially, emotionally and physically. Based on the limited
evidence relative to your mutual cohabitation for a period of one year, I am not satisfied that you and
your sponsor meet the definition of a common-law partnership.
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, commonlaw
partner, child, parent or other prescribed family member of a Canadian citizen or permanent
resident.
According to subsection 1(1) of the Immigration and Refugee Protection Regulations, a common-law
partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal
relationship, having so cohabited for a period of at least one year.
According to subsection 124(a) of the Regulations, 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.
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.
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.
Now I have 30 days to submit any document that may satisfy the officer.
I am review my document and thinking what my problem may be?
1) Visa Officer specifically highlighted "having so cohabited for a period of at least one year" What else might be helpful? I am thinking of furniture purchase receipt, text message/telephone bill, landlord's letter. Anything else?
2) I didn't have employee benefit package or life insurance with my husband?
3) Is the officer only looking at the proof based on my common law relationship regardless of the fact that we are already married?
4) When I filed the application, I wanted to extend work visa, but I called CIC they told me there is still 15month on it, so you do need to do it right. Now with 4 month expiration date, I guess have to extend it first before submitting other documents?
5) We went back to China together on Dec.31,2017 to meet each other's parent. But I came back three weeks later than my husband. I checked on CIC, short-term separation is accepted, maybe I should write a letter to explain?
I know it's a very long email, but it's my last shot. Thanks everyone in advance.
