Seniors I need your thoughts and answers on this...PLEEASE

[Roxie-B]

HI everyone,

Let me see if I can start from the begin and have everyone follow and understand...lol.

I met my boyfriend now Husband in 2009. We've been together seriously since 2011. Since then he has been staying with me to and ffrom his house and mine until he migrated in 2013.

He didn't declare me at the PORT.

In 2014 we applied as conjugal because we had every other proof except proof of cohabitation for the entire year however on the application we did but that we were cohabiting (but I did nt make clear how we where as I am doing now). This cause our case to go under a second review during Sponsorship approve stage however he was approved stating in the notes tht we filed under conjugal therefore common law and spousal restrictions (R133 i thing they said was met)did not apply.

In December 2014 we got married and we sent in our additional proof marriage license, pictures etc. In April they asked us for an updated PCC, extended our medical and requested RPRF. We ordered notes after the request, now under eligibility it says review required and in our notes the Visa officer made reference to us saying we cohabited, our 1 year age difference, a list of all the proof tht was provided ie insurance , bank a/c, pictures, letters from friends, etc.

my question is: do you think we are fine?... is it normal for them to state all of those things? when the eligibility phase are they looking primarily at the relationship it self and it genuineness or other things?


Please help..im alittle worried for my case.

Sorry if my story seem long

Roxie

 

[taffy7]

Roxie you are married did they not ask you to re do or change your application to married. You didn't qualify as conjugal to start with . Conjugal is for couples who can not live together for such reason like same sex couples in some countries and where in the Phillipines you can get divorced .

 

[taffy7]

Lets not panic .I think they are trying to figure out why you applied for conjugal when you should have applied as common law or waited till you were married. Lets keep our fingers crossed Girl and hope for the best

Taffy

 

[Roxie-B]

Lets not panic .I think they are trying to figure out why you applied for conjugal when you should have applied as common law or waited till you were married. Lets keep our fingers crossed Girl and hope for the best

Taffy

every evidence we provided (except the pictures) where dated 2013, the a/c the insurance, the phone bills and we both had different address cause we both lived apart he just stayed over most of the time so at the time conjugal was the best fit cause we didn't understand and i didnt find the forum then. So we couldnt be common law?

 

[KelseyTVS]

It's odd because usually to qualify for conjugal you have to prove that it was impossible to live together and become common law. But if they never rejected your conjugal application, perhaps things will be okay. Now that you're married you definitely qualify, I'm just not sure how to go about the process of changing the application from conjugal to spousal.

 

[bigredmoose]

Maybe - and this flies against everything I've heard about the CIC - they're just saying "it's the wrong application type, but now that they're married, we'll just let it go on".

 

[Ponga]

Maybe - and this flies against everything I've heard about the CIC - they're just saying "it's the wrong application type, but now that they're married, we'll just let it go on".

Could be. After all, Oz gave a heart to the Tin Man...or so he thought. LOL!

 

[taffy7]

Could be. After all, Oz gave a heart to the Tin Man...or so he thought. LOL!

Help us out here .. what do you think . I always appreciate your advice and Roxie really needs some help . I'm not experience enough to give out help on this .

 

[Ponga]

Help us out here .. what do you think . I always appreciate your advice and Roxie really needs some help . I'm not experience enough to give out help on this .

I honestly don't know if a conjugal application can be `changed' to a spousal application during the process. I suspect that it cannot, which is why bigredmoose's scenario might actually be an option...especially if there's been an approval of some sort.

I hope so!

 

[Alurra71]

I have seen it before where a couple applied either as conjugal or as common law and then got married before the process was finished. The application was just 'altered' by the VO to reflect the marriage and they continued to process as is since they require all the same informations. Of course, the marriage certificates and such were 'added' to the application package.

I don't know for sure if this will happen in this case, but if the VO is not a complete butthead, he/she very well may do just that.

Best of luck to you.

 

[Rob_TO]

I have seen it before where a couple applied either as conjugal or as common law and then got married before the process was finished. The application was just 'altered' by the VO to reflect the marriage and they continued to process as is since they require all the same informations. Of course, the marriage certificates and such were 'added' to the application package.

I don't know for sure if this will happen in this case, but if the VO is not a complete butthead, he/she very well may do just that.

It's 2 very different situations, changing from common-law to married vs from conjugal to married. If a couple was a genuine common-law couple then at time of application they had a valid app, so switching to married is no big deal. However if a conjugal couple submitted an app and then gets married, it means they probably didn't qualify as conjugal to begin with (since there were no barriers to marriage). So the original app was not valid, and as such may not be changed so easily.

Imagine the case where a couple wants to get married in say 6 months time... so they simply send off a conjugal app today even though they don't qualify, just to get their place in the queue, then simply change in to married 6 months later. If CIC simply accepts this, they will have cut 6 months off their time as opposed to actually just waiting until they got married.

The OP manual that deals with this is here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.51. Switching categories between spouses, common-law partners and conjugal partners
Applicants are required to indicate the category in which they are applying for immigration to Canada.
Conjugal partners, common-law partners and spouses are all specific categories with specific
requirements.
There is no requirement for an officer of the Department to automatically re-assess an
application by considering such an application in terms of a different relationship between
the applicant and the sponsor within the family class
However, applicants are also obliged to inform the Department if aspects of their life change prior
to the finalization of their case, including their marital/conjugal status. If their conjugal relationship
changes (for example, if applicants are in a conjugal-partner relationship with a sponsor and the
applicant and sponsor marry), then officers should make adjustments to the application (i.e.,
coding) and should proceed with processing in terms of the new conjugal relationship.


So long story short, the manual states an officer "should" change the status and continue with app, but they are "not required to". As vague as so many other aspects with PR apps are. So sounds like the choice is discretionary to how the officer feels or what their own feelings are.

 

[Roxie-B]

So my question now is.


Being that they have extended the medical, ask to redo the PCC and asked for the RPRF.. the application looks promising ?
and should i still be look for an interview around the corner?

 

[keesio]

So my question now is.


Being that they have extended the medical, ask to redo the PCC and asked for the RPRF.. the application looks promising ?
and should i still be look for an interview around the corner?

IMHO I think it is promising. No one can say what is going on, and CIC can be madly inconsistent, but I think there is hope...

 

[taffy7]

Your looking good ,but as for an interview no one can tell you that . Good luck Roxie .

 

[Roxie-B]

Your looking good ,but as for an interview no one can tell you that . Good luck Roxie .

Thanks Taffy, Thanks evryone. fingrs crossed