Spousal Sponsorship REFUSAL - help!

[Anelka]

We applied for sponsorship under common law, but throughout my Sponsor's PR application, we were under the impression that we fall under the (Single/Never Married) category hence we didnt add me as common law partner in her application, I had my own EE profile which I have been re-sitting for IELTS to improve my points for ITA, it was only after Sponsor's PR application that we realized we are common law partners under the canadian law, my partner and I grew up in a country common law partnership is neither recognized nor practiced! As such we had no idea.
IRCC have validated all our documents and deemed valid, their only concern is why we didnt notify IRCC when we completed 12mnths of cohabitation (if we knew about common law we would have used the same documents we submitted to update IRCC during the course of her PR application, webform is one click away!

Please advise me on the best way to approach this

@scylla Mind to share your input please? we are in a panic mode and really dont know how to fix this issue.

 

[scylla]

@scylla Mind to share your input please? we are in a panic mode and really dont know how to fix this issue.

Unfortunately you can never be sponsored by your partner since your partner failed to declare you in her PR application. There's no way to fix this assuming your partner has already landed and become a PR (without declaring your).

The options are for you to qualify for PR on your own through an economic immigration stream like EE. OR for your partner to renounce her PR status and apply again from scratch - this time including you.

 

[canuck_in_uk]

Did you applied as common law or as a spouse application?

As you have been REPEATEDLY told, it doesn't matter. Stop asking this question.

 

[Anelka]

Unfortunately you can never be sponsored by your partner since your partner failed to declare you in her PR application. There's no way to fix this assuming your partner has already landed and become a PR (without declaring your).

The options are for you to qualify for PR on your own through an economic immigration stream like EE. OR for your partner to renounce her PR status and apply again from scratch - this time including you.

@scylla
Sponsorship of undeclared family members
Ottawa, September 6, 2019 – When people apply to become permanent residents in Canada, they’re asked to declare all family members on their application (spouse, common-law partner, dependent children), including those who aren’t accompanying them to Canada.

For various reasons, including lack of awareness or lack of knowledge of a family member’s whereabouts in a conflict situation, many newcomers failed to declare some family members on their application. By not including these family members, applicants made them ineligible from being sponsored to come to Canada for life.
The pilot project for sponsorship of previously undeclared family members will last 2 years – from September 9, 2019, to September 9, 2021. Applications that are already in process will also benefit from this pilot project.
https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/sponsorship-undeclared-family-members.html

 

[Qwertypod]

Sponsorship of undeclared family members
Ottawa, September 6, 2019 – When people apply to become permanent residents in Canada, they’re asked to declare all family members on their application (spouse, common-law partner, dependent children), including those who aren’t accompanying them to Canada.

For various reasons, including lack of awareness or lack of knowledge of a family member’s whereabouts in a conflict situation, many newcomers failed to declare some family members on their application. By not including these family members, applicants made them ineligible from being sponsored to come to Canada for life.
The pilot project for sponsorship of previously undeclared family members will last 2 years – from September 9, 2019, to September 9, 2021. Applications that are already in process will also benefit from this pilot project.

This pilot does not apply in this situation:

"To address this unintended consequence, the Minister of Immigration, Refugees and Citizenship announced on May 31, 2019, a pilot whereby a resettled refugee, a person conferred refugee protection in Canada, or a person who was sponsored as a spouse, partner or dependent child themselves, will be able to sponsor undeclared immediate family members (a spouse, partner or dependent child)."
​

The pilot applies only to refugees, and people who themselves were sponsored as spouses or dependents. Not the case here.

 

[scylla]

@scylla
Sponsorship of undeclared family members
Ottawa, September 6, 2019 – When people apply to become permanent residents in Canada, they’re asked to declare all family members on their application (spouse, common-law partner, dependent children), including those who aren’t accompanying them to Canada.

For various reasons, including lack of awareness or lack of knowledge of a family member’s whereabouts in a conflict situation, many newcomers failed to declare some family members on their application. By not including these family members, applicants made them ineligible from being sponsored to come to Canada for life.
The pilot project for sponsorship of previously undeclared family members will last 2 years – from September 9, 2019, to September 9, 2021. Applications that are already in process will also benefit from this pilot project.
https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/sponsorship-undeclared-family-members.html

We are all very aware of the pilot. Your case isn't covered by the pilot. The original answer stands and your partner cannot sponsor you.

The pilot only covers those who immigrated through a refugee or family class immigration program. Your partner immigrated through an economic stream. Economic immigration streams are out of scope for the pilot.

 

[canuck_in_uk]

Sponsorship of undeclared family members
Ottawa, September 6, 2019 – When people apply to become permanent residents in Canada, they’re asked to declare all family members on their application (spouse, common-law partner, dependent children), including those who aren’t accompanying them to Canada.

For various reasons, including lack of awareness or lack of knowledge of a family member’s whereabouts in a conflict situation, many newcomers failed to declare some family members on their application. By not including these family members, applicants made them ineligible from being sponsored to come to Canada for life.
The pilot project for sponsorship of previously undeclared family members will last 2 years – from September 9, 2019, to September 9, 2021. Applications that are already in process will also benefit from this pilot project.

To reiterate what the others have said, the pilot does not apply to you.

 

[Anelka]

That is not something you will be able to fix. Your partner was legally required to declare you in their PR app. The app is very clear about what a common-law partner is, so there is no excuse for not declaring you. It was misrepresentation. As a result, you are forever excluded from the Family Class. Expect your sponsorship app to be refused. Be wary of any lawyers that tell you this can be sorted. Multiple court cases have upheld this.

Thankfully U were wrong....in as much as i appreciate your response, try to be on a neutral ground moving forward. Thank you!

 

[canuck_in_uk]

Thankfully U were wrong....in as much as i appreciate your response, try to be on a neutral ground moving forward. Thank you!

There is no "neutral ground". I was not wrong. Your partner was legally required to declare you and committed misrepresentation by not doing so, leaving you excluded from the Family Class. If you have been approved, it has either been on H&C grounds or because you lied.

 

[Noel1972]

Please what are the chances of reconsideration for a spouse sponsorship refusal? Please I will appreciate comments as I have recently been refused for the second time .

I have gone through appeal before and the case was dismissed with options for me to pursue H&C.
Now I filed H&C the same refusal has happened. My spouse was interviewed 6months ago and the interview was successful, they requested other information which we provided. In fact we got prearrival letter Nov2019 and my spouse has already commenced workshops with all the service agents

Please I will appreciate any comments that will be useful in

 

[canuck_in_uk]

Please what are the chances of reconsideration for a spouse sponsorship refusal? Please I will appreciate comments as I have recently been refused for the second time .

I have gone through appeal before and the case was dismissed with options for me to pursue H&C.
Now I filed H&C the same refusal has happened. My spouse was interviewed 6months ago and the interview was successful, they requested other information which we provided. In fact we got prearrival letter Nov2019 and my spouse has already commenced workshops with all the service agents

Please I will appreciate any comments that will be useful in

You won't get reconsideration. You committed misrepresentation and this is the consequence.

 

[Noel1972]

You won't get reconsideration. You committed misrepresentation and this is the consequence.

Thanks for replying. I did not misrepresent, i landed as a PR 15yrs ago, my first time traveling, process was tedious and unfamiliar. i did not know i was meant to declare my family members but i did told the officer i met at the point of entry that i was married and he changed the COPR form from single to married. my thought was that will be able to sponsor my spouse once i get to Canada but i was told in the refusal letters that she was not examine then hence she is not part of the family class. i was able to sponsor my son that i gave birth to in 2013. I am still optimistic that my voice will be heard one day. Back then when i became PR, no information on what to do, in fact just a few people had access to the internet in my country then but these are not excuses i agree i made a mistake , honest mistake of which i have suffered the consequences for 15yrs counting. i believe case like mine shld be giving consideration especially since my marriage is real and i am still married to the same person. Family unification if one of pillars of immigration. i pray my voice will be heard some day.

 

[SakuBj]

W

Please what are the chances of reconsideration for a spouse sponsorship refusal? Please I will appreciate comments as I have recently been refused for the second time .

I have gone through appeal before and the case was dismissed with options for me to pursue H&C.
Now I filed H&C the same refusal has happened. My spouse was interviewed 6months ago and the interview was successful, they requested other information which we provided. In fact we got prearrival letter Nov2019 and my spouse has already commenced workshops with all the service agents

Please I will appreciate any comments that will be useful in

What does refusal letter says? Did they ban you or gave you another chance?

 

[Noel1972]

W

What does refusal letter says? Did they ban you or gave you another chance?

Thank you for replying, it says prior to your sponsor becoming PR we are not accompany family member and was not examined. hence u are not a member of the family class

 

[Noel1972]

Thank you for replying, it says prior to your sponsor becoming PR we are not accompany family member and was not examined. hence u are not a member of the family class

i was told i can appeal but i went through appeal before and even did an hearing and the judge denied the case but mentioned i can purse H&C grounds under family class