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Spousal sponsorship

landv

Newbie
Mar 30, 2021
4
5
Hi all

I have received a Procedural Fairness Letter this afternoon stating the following:

This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concerns regarding your application.

In order to meet the criteria for a common law relationship, you must establish continuous cohabitation for a full year at the time of lock-in date (roughly when your application is received). Your stated commencement of cohabitation was May 4, 2020 and lock-in date was June 15, 2020.

Therefore I am asking you to submit any additional information/documentation that would allay my concerns. You have 30 days from the date of this letter to submit the additional information by using your IRCC secure account within the time frame indicated above.

Note: Your relationship appears valid but it appears that you have simply applied too early. As such you may wish to withdraw your application and reapply after June 15, 2021, as a previous refusal can occasionally raise concerns for future applications.


I am quite confused as the date referred to in the letter, May 4, 2020, is the date we submitted on IMM 1344 form as the date we entered into the common-law relationship. From the guide to completing the form, for common law, this is the date ‘your status officially changed from being single to common-law, not the date you started living together’ i.e. after 12 months of cohabitation.

We submitted joint rental agreement, bills, proof of addresses as evidence we have lived together for a year before May 4, 2020. They comment that our relationship appears valid but we have applied too early. I would appreciate some guidance on what documents we could possibly submit for this letter? Thanks in advance
 

paul22381

Star Member
Sep 25, 2015
81
29
FeeQuantityPrice ($CAN)Total Amount (C$)
Sponsor your spouse or partner
Sponsorship fee ($75), principal applicant processing fee ($475) and right of permanent residence fee ($500)
1$1,050.00$1,050.00
Work permit (including extensions) – per person1$155.00$155.00
Open work permit holder1$100.00$100.00
Total amount for all applications:$1,305.0

quick question about work permit (including extension) is that means i dont need to appy for visa extension for my wife? we are submitting inland spouse sponsorship nextweek her TRV is valid for 10 years but she arrived last January 2021 do we need to apply visa extension after 6 months stay? thanks in advance
 
Last edited:

armoured

VIP Member
Feb 1, 2015
17,132
8,784
Hi all

I have received a Procedural Fairness Letter this afternoon stating the following:

This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concerns regarding your application.

In order to meet the criteria for a common law relationship, you must establish continuous cohabitation for a full year at the time of lock-in date (roughly when your application is received). Your stated commencement of cohabitation was May 4, 2020 and lock-in date was June 15, 2020.

Therefore I am asking you to submit any additional information/documentation that would allay my concerns. You have 30 days from the date of this letter to submit the additional information by using your IRCC secure account within the time frame indicated above.

Note: Your relationship appears valid but it appears that you have simply applied too early. As such you may wish to withdraw your application and reapply after June 15, 2021, as a previous refusal can occasionally raise concerns for future applications.


I am quite confused as the date referred to in the letter, May 4, 2020, is the date we submitted on IMM 1344 form as the date we entered into the common-law relationship. From the guide to completing the form, for common law, this is the date ‘your status officially changed from being single to common-law, not the date you started living together’ i.e. after 12 months of cohabitation.

We submitted joint rental agreement, bills, proof of addresses as evidence we have lived together for a year before May 4, 2020. They comment that our relationship appears valid but we have applied too early. I would appreciate some guidance on what documents we could possibly submit for this letter? Thanks in advance
It's clear there's a misunderstanding here and based on the quote you provided, I think it's their mistake. (I've not gone back to check the guides - so if you've misunderstood, that's you)

There are two potential approaches here:
1) Get a lawyer involved and have them deal with it. Perhaps they write a sternly worded letter and someone actually reads it. Downside is cost and some possibility that "lawyers" makes them get their backs up.

2) My suggestion: revise right now your form to put the date one year prior when you started living together. Write a letter/submission asking them please please to accept this revised form, you had understood that you were to put the date in this field one year after you started living together. Provide the text and link to the guide and form. Politely, again, request they consider this an honest misunderstanding and that clearly you meet the test since all of your documentary information shows that you did begin living together beginning in 2019 and more than one year as of the date you applied. And that clearly you do not deserve any kind of refusal based on misunderstanding about the terminology used.

Also, contact your MP's office and provide a copy of this same letter and information. If you can find someone to speak to, explain that of course the govt's own instructions are clear and you followed them - but that you should not be punished for a miscommunication. Ask them to look into it but you just hope for your file to be processed acc to instructions and fair treatment (nicely, you're not out to punish anyone).

I am hoping that this will embarrass them somewhat into apprehending their own error. Putting politely so as not to get anyone's back up or put them on defensive/save a little face. (I think the implied other side of this that the officer will look a fool otherwise, and that you know enough to contact MP's office, will be pretty clear).

Just one opinion. Good luck. It's possible lawyer is better route, don't know.
 

andrew3081

Hero Member
Apr 6, 2018
286
76
Hello everyone,
I received this reply from MP

how long does it take for security clearance? Jan 2020 applicant
Remedicals done one month ago, pre arrivals feb 2021, eligibility passed..!

The responsible office has reviewed the application and documents submitted and has determined that the sponsored person (the applicant) has met the eligibility requirements,
    • the assessment for the applicant has been finalized on February 19, 2021 at the Canadian visa office in New Delhi, India.
  • The medical examination results are on file and valid until March 03, 2022 for the applicant.
  • The criminality verifications are currently valid.
  • The security verifications have not been initiated.
  • The documents requested of the applicant on January 27, 2021 have been received by the responsible office as of February 15, 202
And this wait is hard
I’m in similar situation. We are December 2019 applicant. We also passed our eligibility as per GCMS notes and still waiting for background check.
Our medical expired but we were not asked to do medical. Not sure if we have to re do medical or not...
 
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Bacrs

Star Member
Oct 19, 2018
109
13
Hello, I was hoping some of you could shed some light on what's going on with my app lol. I am an April 8 applicant, Yesterday I received AIP but no SA yet, today I got Decision Made on Ecas, both sponsor and applicant, and received Pre-arrival services letter on Gckey as well. But here is the thing: I was requested to re-take my fingerprints due to poor quality so I did, but ran through the same issues so I was expecting to have to take them again. So now I'm really confused. Can they still request me to do fingerprints again if we now have DM? Because on my gkcey it says they don't need my fingerprints, as opposed to 'completed'. And is having no SA and only AIP normal? I hope someone can clarify this to me a little. Thank you.
 
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MJSPARV

Hero Member
Sep 17, 2020
406
251
Yet more questions lol...

I will be leaving my current position soon - to update employment history on the various forms do I just use the webform to inform them of the change or do I re-fill out the whole form and resubmit by mail? Also, when looking back over the documents I realized I may have done a super dumb thing. Well, two dumb things. The first is that in the personal history of IMM 5669 I totally blanked on listing side jobs I had at various times in the past 10 years. There are no gaps in my history (all time is accounted for) but for instance, I had a part-time job in university that I didn't list because I was so focused on listing what was the full-time thing I was doing at each time and it didn't even occur to me until now to list my part-time jobs. The one that has me more worried is that I left off by accident a very part-time job I've had since the fall (0-3 hours a week) from the personal history, again because it didn't even occur to me that they might part-time positions listed. Do I redo that form and send it back in with an explanation/apology that I didn't think to include part-time side gigs, or were they just looking for my full-time occupation at the time? Thanks!
 

Diplomat07

Star Member
Feb 14, 2020
113
29
Hello, I was hoping some of you could shed some light on what's going on with my app lol. I am an April 8 applicant, Yesterday I received AIP but no SA yet, today I got Decision Made on Ecas, both sponsor and applicant, and received Pre-arrival services letter on Gckey as well. But here is the thing: I was requested to re-take my fingerprints due to poor quality so I did, but ran through the same issues so I was expecting to have to take them again. So now I'm really confused. Can they still request me to do fingerprints again if we now have DM? Because on my gkcey it says they don't need my fingerprints, as opposed to 'completed'. And is having no SA and only AIP normal? I hope someone can clarify this to me a little. Thank you.
Sometimes it happens. I have noticed people receiving the Decision made or PPR directly. If are noticing DM at both Sponsor and Applicant's side, it is highly unlikely that they will request the finger prints again. Just wait for the passport request now.
 
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Diplomat07

Star Member
Feb 14, 2020
113
29
Yet more questions lol...

I will be leaving my current position soon - to update employment history on the various forms do I just use the webform to inform them of the change or do I re-fill out the whole form and resubmit by mail? Also, when looking back over the documents I realized I may have done a super dumb thing. Well, two dumb things. The first is that in the personal history of IMM 5669 I totally blanked on listing side jobs I had at various times in the past 10 years. There are no gaps in my history (all time is accounted for) but for instance, I had a part-time job in university that I didn't list because I was so focused on listing what was the full-time thing I was doing at each time and it didn't even occur to me until now to list my part-time jobs. The one that has me more worried is that I left off by accident a very part-time job I've had since the fall (0-3 hours a week) from the personal history, again because it didn't even occur to me that they might part-time positions listed. Do I redo that form and send it back in with an explanation/apology that I didn't think to include part-time side gigs, or were they just looking for my full-time occupation at the time? Thanks!
Have you received the AOR?
 

Diplomat07

Star Member
Feb 14, 2020
113
29
I think so. I've gotten a biometrics request, have a UCI and application number, it says in progress online. I haven't gotten anything that says acknowledgment of receipt, but
Okay so yeah if you are able to link your file to GCkey and see biometrics and file number, it means your file is in their system right now. To answer your question, I am not an expert and if I were you, I will raise a webform just explaining what happened and if they want you to send them the new form? Wait for their response. Sometimes, they may say that, provide us the new form or in my case whenever I had to update anything, they just told me that Visa officer will contact you if any additional information will be required.
 

armoured

VIP Member
Feb 1, 2015
17,132
8,784
Yet more questions lol...

I will be leaving my current position soon - to update employment history on the various forms do I just use the webform to inform them of the change or do I re-fill out the whole form and resubmit by mail? Also, when looking back over the documents I realized I may have done a super dumb thing. Well, two dumb things. The first is that in the personal history of IMM 5669 I totally blanked on listing side jobs I had at various times in the past 10 years. There are no gaps in my history (all time is accounted for) but for instance, I had a part-time job in university that I didn't list because I was so focused on listing what was the full-time thing I was doing at each time and it didn't even occur to me until now to list my part-time jobs. The one that has me more worried is that I left off by accident a very part-time job I've had since the fall (0-3 hours a week) from the personal history, again because it didn't even occur to me that they might part-time positions listed. Do I redo that form and send it back in with an explanation/apology that I didn't think to include part-time side gigs, or were they just looking for my full-time occupation at the time? Thanks!
Only update if they ask. No need to add side jobs and part time in this context.
 

Bacrs

Star Member
Oct 19, 2018
109
13
Sometimes it happens. I have noticed people receiving the Decision made or PPR directly. If are noticing DM at both Sponsor and Applicant's side, it is highly unlikely that they will request the finger prints again. Just wait for the passport request now.
million thanks