Received the letter on Feb 9,2019

[Josiah17]

the officer was refused my spousal application for my husband first time application, due to he/she’s not satisfied for what we provided for letting them know that our relationship was genuine.
What happened was, When I applied my husband for sponsoring him. We filled up the form that we been together before I came here in canada as a PR we falls on as a common law partner. Which, I didn’t know that I could just put his name. I didn’t declare him as my dependant due to he was still married by that time too. Then in 2017 his annulment was over then same year I married him. Now we’re married, after marrying him we processed his application. Then by august 2018 I have to get a representative for us, so our lawyer submitted all informations that they needed. Then, this year sad to say they refused my husband application.
Question: If we, reapply is there any chance that they will approve his application? We are married now. Marrying him, doesn’t still falls into a family class?, just because of our history that we cohabitated?. We lived with my parent by that time, he just moved in due to relocation of work which is near in our place. We offered him our place, he helped out bills. He can’t come to his house before because of his ex wife was still there. His ex was cheated on him and was married even before we got married. I’m somewhat very confused and sad right now.
Could someone help me with what’s gonna be the outcome? Anyone had an experience?
Now I’m on process of appealing, with the help of our lawyer.

 

[Josiah17]

To ads up in the Philippines we don’t have common law legal relationship. It’s my mistake to filled out our history of relationship.

 

[Longroadtoimmigration]

I believe he may have been excluded in your family declaration, meaning you may not be able to sponsor him.

 

[Josiah17]

I believe he may have been excluded in your family declaration, meaning you may not be able to sponsor him.

It’s useless to reapply, is it correct? Thanks

 

[Calm2019]

the officer was refused my spousal application for my husband first time application, due to he/she’s not satisfied for what we provided for letting them know that our relationship was genuine.
What happened was, When I applied my husband for sponsoring him. We filled up the form that we been together before I came here in canada as a PR we falls on as a common law partner. Which, I didn’t know that I could just put his name. I didn’t declare him as my dependant due to he was still married by that time too. Then in 2017 his annulment was over then same year I married him. Now we’re married, after marrying him we processed his application. Then by august 2018 I have to get a representative for us, so our lawyer submitted all informations that they needed. Then, this year sad to say they refused my husband application.
Question: If we, reapply is there any chance that they will approve his application? We are married now. Marrying him, doesn’t still falls into a family class?, just because of our history that we cohabitated?. We lived with my parent by that time, he just moved in due to relocation of work which is near in our place. We offered him our place, he helped out bills. He can’t come to his house before because of his ex wife was still there. His ex was cheated on him and was married even before we got married. I’m somewhat very confused and sad right now.
Could someone help me with what’s gonna be the outcome? Anyone had an experience?
Now I’m on process of appealing, with the help of our lawyer.

Hi sorry to hear that your application has been refused. Did you tell everything to your representative or lawyer? If yes, the lawyer should advice you what is the best approach in your spousal sponsorship application and the fact that you didn’t include your husband during your PR application I don’t think the second application would be approve why don’t you ask the lawyer about your other options. If there’s no chance in spousal sponsorship he might be consider apply in other stream like work permit or study I’m not expert in this so better to ask your lawyer or hopefully somebody here who would know better could give you a detailed and concrete advice. Don’t lose hope just pray and don’t give up.

 

[Josiah17]

Hi sorry to hear that your application has been refused. Did you tell everything to your representative or lawyer? If yes, the lawyer should advice you what is the best approach in your spousal sponsorship application and the fact that you didn’t include your husband during your PR application I don’t think the second application would be approve why don’t you ask the lawyer about your other options. If there’s no chance in spousal sponsorship he might be consider apply in other stream like work permit or study I’m not expert in this so better to ask your lawyer or hopefully somebody here who would know better could give you a detailed and concrete advice. Don’t lose hope just pray and don’t give up.

Thanks, we both sad. I can’t believe that this is happening. Yes, We told her everything. We are going to appeal first then I don’t know, what’s gonna happen next.

 

[Calm2019]

Thanks, we both sad. I can’t believe that this is happening. Yes, We told her everything. We are going to appeal first then I don’t know, what’s gonna happen next.

You applied Outland right? Good luck on your appeal and stay positive

 

[Josiah17]

You applied Outland right? Good luck on your appeal and stay positive

Yes, thank you.

 

[Calm2019]

Yes, thank you.

And you just applied August 2018, then you received a refusal now? Did the immigration officer ask for an interview or explanation letter from you before the refusal?

 

[momo2018]

Thanks, we both sad. I can’t believe that this is happening. Yes, We told her everything. We are going to appeal first then I don’t know, what’s gonna happen next.

If you were common in law (living together as a couple for more that one year) and you didnt mention that when you got your PR, then im afraid you wont be able to ever sponsor him. He will have to find a way to come to Canada on his own (worker, student etc) Some provinces such as MB will give him extra credit through PNP if you live there.

*Did you tell your lawyer you were living together before you got married? if he missed that thats pretty bad practice on his side.
*You mention you got rejected because you didnt convince him the relationship was genuine. If thats the case and nothing about common in law issues you can appeal or send a new app with better proofs which is probably the faster and cheaper option if you have new or better proofs.
* Main thing: you got a lawyer. You probably pay him a lot of money. I would go to his office and demand answers. Thats why you pay him.

 

[Josiah17]

And you just applied August 2018, then you received a refusal now? Did the immigration officer ask for an interview or explanation letter from you before the refusal?

Yes on August 2018 they asked for explanation, that’s why I have to get a representative for us. To clarify and explain what happened, we did sent them then this February the officer decision was to refused the application due to he/she not satisfied. They were asking me as sponsor if I have document that I declare my husband now on my owned application before, which is I don’t have any paper that I declare him in my application. Or provide them an explanation which we did.

 

[Calm2019]

Yes on August 2018 they asked for explanation, that’s why I have to get a representative for us. To clarify and explain what happened, we did sent them then this February the officer decision was to refused the application due to he/she not satisfied. They were asking me as sponsor if I have document that I declare my husband now on my owned application before, which is I don’t have any paper that I declare him in my application. Or provide them an explanation which we did.

Let’s just hope and pray that your appeal through your lawyer would work this time if not, there’s a lot of options for him anyway with another streams. God bless you both

 

[Josiah17]

If you were common in law (living together as a couple for more that one year) and you didnt mention that when you got your PR, then im afraid you wont be able to ever sponsor him. He will have to find a way to come to Canada on his own (worker, student etc) Some provinces such as MB will give him extra credit through PNP if you live there.

*Did you tell your lawyer you were living together before you got married? if he missed that thats pretty bad practice on his side.
*You mention you got rejected because you didnt convince him the relationship was genuine. If thats the case and nothing about common in law issues you can appeal or send a new app with better proofs which is probably the faster and cheaper option if you have new or better proofs.
* Main thing: you got a lawyer. You probably pay him a lot of money. I would go to his office and demand answers. Thats why you pay him.

Yes everything, we told her. True I have to pay and its very costly. Which I didn’t expect that I’m gonna experienced this kind of situation. That’s what I’m thinking too, but If anyone experienced the same what happened to me. I hope could give me an answer or idea. I asked her this questions too, but you know more responsed from her more additional payment. She said we gonna do the appeal first.

 

[Josiah17]

Yes everything, we told her. True I have to pay and its very costly. Which I didn’t expect that I’m gonna experienced this kind of situation. That’s what I’m thinking too, but If anyone experienced the same what happened to me. I hope could give me an answer or idea. I asked her this questions too, but you know more responsed from her more additional payment. She said we gonna do the appeal first.

Thanks I’m praying too.

 

[momo2018]

Yes everything, we told her. True I have to pay and its very costly. Which I didn’t expect that I’m gonna experienced this kind of situation. That’s what I’m thinking too, but If anyone experienced the same what happened to me. I hope could give me an answer or idea. I asked her this questions too, but you know more responsed from her more additional payment. She said we gonna do the appeal first.

Sorry its still not clear what was the reason for the refusal. If it was due to the fact that you did not declare him as common in law in your PR app, then you can never sponsor him. Appeal will be waste of time and money! (and then your lawyer dont know her job, or just taking your money for nothing)
If theres another reason you should consider fixing it and reapply. Maybe you can post the letter you got (delete any personal info first!!!!) so we know the exact reason for the refusal. Im really not sure at this point that appeal is the right move.