Spousal sponsorship

[scylla]

so no chance to apply under family class at all?

I don't see how it will be possible through family class. I'm sorry.

To qualify to sponsor you, your wife should have declared you when she became a PR. Because she failed to declare you, she can never sponsor you.

 

[besykobuset]

I don't see how it will be possible through family class. I'm sorry.

To qualify to sponsor you, your wife should have declared you when she became a PR. Because she failed to declare you, she can never sponsor you.

thank you so much for your help.. as of now we are both speechless

 

[computergeek]

im speechless and blanked..

I am sorry. I have seen this a number of time. It seems to be a cultural issue, where "living together" and "married" are seen as being very different things. Under Canadian law, they are not - living together in a marriage-like relationship for 12 months and being married are treated the same for the purposes of immigration law.

The obligation to disclose all family members during the course of an application for permanent residence is to permit opportunity for examination of those family members regardless of whether they are accompanying the appellant or not. Paragraph 117(9)(d) is not limited to deliberate or fraudulent non-disclosure but applies to any non-disclosure that may prevent examination of a dependent. The combined effect of paragraph 117(9)(d) and provisions of the Act that govern admissibility[14] prohibit a visa officer from issuing a visa to someone as a member of the family class where the sponsor did not previously disclose the relationship.[15] The courts have confirmed the constitutionality of paragraph 117(9)(d) and its strict application[16] even where a person was not aware of the existence of a child prior to being landed as a permanent resident.[17] In summary, a non-accompanying family member who has not been examined for a reason other than a decision by a visa officer will not be admitted as members of the family class.

Source: http://canlii.ca/t/ft69g (this is a successful appeal of a VO's decision to refuse a spousal application.)

One difficulty with such cases is that IAD lacks jurisdiction to consider H&C grounds for such an appeal if you are excluded as a member of the family class.

Another interesting spousal case: http://canlii.ca/t/ft68d

This one might give you some hope, as it suggests that the nature of your relationship is relative to cultural norms and requirements: http://canlii.ca/t/ft30m

At this point, I would suggest that you find qualified legal counsel. If you do not have an attorney, I would suggest searching through CanLii decisions until you find cases where the appellant (or applicant in federal court) was successful. The attorney that represented such a party would be someone to put on your list of potential lawyers.

 

[Curious0027]

You should definitely call CIC. They are now working on applications received in mid-September. Call the call centre now as it just opened. I'm not sure how long it will take them to send back your package, but I believe it is usually pretty quick. If you sent the applciation in July and they're now working on mid-September chances are high you would have already received back the package. Definitely call!

Thanks for the advice.. We were calling CIC but we cant seem to contact them.. And im wondering if in any case it was incomplete, we have not recieved our packaged back yet. So confusing.. We dont even know the status of application.. Any way will keep trying calling them thank you so much..

 

[Curious0027]

Hello sali ako dito ha,. pareho tayo ng sitwasyon kasi..ng apply ako last July pero wla akong natanggap hanggan ngayon tinawaga ko sila kanina hindi pa nabuksan ang July sa Vegreville Alberta June pa ang pina process nila,. ang sabi call ako ulit after 1 1/2 months kaya sa December pa ako tatawag ulit hopefully before that may matanggap na ako na notification/acknowledgement either email/mail. Saan ipinasa ng husband mo? pray hard nlang tayo nito.. God Bless

Hi, sa CIC mississauga nya pinasa pero sa manitoba ung hubby ko...yun kasi ung nakasulat sa guides eh.. Kami din kasi wala pa natatanggap na letter o email galing sa cic.. Doon nyo din ba pinasa application nyo? Tinatawgan ng hubby ko ung cic kaya lang hndi nya macontact.. Hndi kasi namin alam ung status ng application namin.. Kung approved ba sya mag sponsor or what.. Kung incomplete naman documents namin , ngtataka lang din kami kasi hindi pa bumabalik ung papers namin..sabi kasi db kpag incomplete ibabalik ung paackage..

 

[Curious0027]

we get married in march of 2012.. our relationship started 2007
her entire family applied PR on 2008(im not sure) by that time their papers were on process, we started to live in together until the time they left our country(2008-2010). There were no changes happened in their applications because we didnt have concrete plans for the future then. we got engaged on july 2011.

Hi Filipino ka db?, ask ko lang if kailan nyo inapply application nyo? Mejo nag alala kasi ako parang almost same tayo ng situation...baka maging ganyan din situation namin eh. Yung entire family ng husband ko nag apply din ng PR ini sponsor ng tto nya then june 2011 sila umalis ng pinas by that time bf ko plnag sya noon. Tapos march 2012 umuwi sya from Canada para pakasalan ako...then july 2012 pinasa nya spousal sponsorship namin.. Mejo naguluhan ako nung binabasa ko ung forum about sa post mo... Kasi db nung nag apply ng PR ung wife mo hndi mo pa sya asawa nun db so bakit naging issue na hndi ka nya dineclare? I mean paano ka nya e dedeclare eh d mo pa sya wife nun db? Kya nguguluhan ako.. ;

 

[besykobuset]

I am sorry. I have seen this a number of time. It seems to be a cultural issue, where "living together" and "married" are seen as being very different things. Under Canadian law, they are not - living together in a marriage-like relationship for 12 months and being married are treated the same for the purposes of immigration law.

Source: http://canlii.ca/t/ft69g (this is a successful appeal of a VO's decision to refuse a spousal application.)

One difficulty with such cases is that IAD lacks jurisdiction to consider H&C grounds for such an appeal if you are excluded as a member of the family class.

Another interesting spousal case: http://canlii.ca/t/ft68d

This one might give you some hope, as it suggests that the nature of your relationship is relative to cultural norms and requirements: http://canlii.ca/t/ft30m

At this point, I would suggest that you find qualified legal counsel. If you do not have an attorney, I would suggest searching through CanLii decisions until you find cases where the appellant (or applicant in federal court) was successful. The attorney that represented such a party would be someone to put on your list of potential lawyers.

one more question.. should we withdraw the my application as its beig forwarded to my visa office in philippines regarles of her ineligibility?

 

[Lonely without my Hubby]

You may file at any point in time, but you are unlikely to be granted leave unless it is beyond the normal processing time. If you wish to explore this route, I would suggest searching CanLii for mandamus cases. Make sure you pick an attorney with experience in such cases.

I've done this search before and there are very few mandamus cases. Here is an interesting one: http://canlii.ca/t/1r5mb

Note that the JR application is dismissed on the basis that the issue now moot. In other words, the applicant has been granted permanent residency. This is actually the most common outcome - CIC resolves the issue and thus doesn't need to address the issue at all.

Good luck!

By the look of it, Mandamus doesn't seem to be an option for me at this point. Thanks for the input.

 

[europe]

my husband had interview on October 18 in Viena Austria, and they told him that he passed the interview and they will let us know , but nobody contact us, and told us what is the next step , can somebiody know how long they usually reply back .
would you suggest me to email the Visa office
Thanks

 

[computergeek]

my husband had interview on October 18 in Viena Austria, and they told him that he passed the interview and they will let us know , but nobody contact us, and told us what is the next step , can somebiody know how long they usually reply back .
would you suggest me to email the Visa office
Thanks

2-4 months is the normal time for follow-up. You can certainly ask the VO, but they may not answer (some are better about it than others).

 

[besykobuset]

Hi Filipino ka db?, ask ko lang if kailan nyo inapply application nyo? Mejo nag alala kasi ako parang almost same tayo ng situation...baka maging ganyan din situation namin eh. Yung entire family ng husband ko nag apply din ng PR ini sponsor ng tto nya then june 2011 sila umalis ng pinas by that time bf ko plnag sya noon. Tapos march 2012 umuwi sya from Canada para pakasalan ako...then july 2012 pinasa nya spousal sponsorship namin.. Mejo naguluhan ako nung binabasa ko ung forum about sa post mo... Kasi db nung nag apply ng PR ung wife mo hndi mo pa sya asawa nun db so bakit naging issue na hndi ka nya dineclare? I mean paano ka nya e dedeclare eh d mo pa sya wife nun db? Kya nguguluhan ako.. ;

may applicants kami..yan ung elaboation ng ineligibilty ng wife ko

Hi besykobuset: I probably understood the reason CIC is considering. You probably mentioned that your relationship with your spouse started since 2007 which is even before her PR application as a dependent with her father/family. So CIC considered the factor that your relation (as a gf/bf) started actually before she even became PR. Therefore, your name should have been in her application, NO MATTER, she was dependent in her father's application. Although your relation was not defined before 2009 according to your culture, probably. Humm......I am learning new things every day in this forum. Personally, I don't agree with this notion of undefined relation that was considered in your case. It is dilemma of facts. Very SAD! I feel sorry for you. Wish you good luck though.

 

[Curious0027]

You should definitely call CIC. They are now working on applications received in mid-September. Call the call centre now as it just opened. I'm not sure how long it will take them to send back your package, but I believe it is usually pretty quick. If you sent the applciation in July and they're now working on mid-September chances are high you would have already received back the package. Definitely call!

Hi tink23, my hubby just called cic while ago.. We are so relieved upon hearing that they had already recieved our application and we are now able to check the status online.. We were so worried before bec he had not recieved any confirmation letter form cic but then the agent said dont worry about because our application is finished and all done and is now here in the Philippines.. Thank God for this good news.. By the way our application status is "decision made".. Anyone cam explain this further for us?

 

[markym]

Hi Filipino ka db?, ask ko lang if kailan nyo inapply application nyo? Mejo nag alala kasi ako parang almost same tayo ng situation...baka maging ganyan din situation namin eh. Yung entire family ng husband ko nag apply din ng PR ini sponsor ng tto nya then june 2011 sila umalis ng pinas by that time bf ko plnag sya noon. Tapos march 2012 umuwi sya from Canada para pakasalan ako...then july 2012 pinasa nya spousal sponsorship namin.. Mejo naguluhan ako nung binabasa ko ung forum about sa post mo... Kasi db nung nag apply ng PR ung wife mo hndi mo pa sya asawa nun db so bakit naging issue na hndi ka nya dineclare? I mean paano ka nya e dedeclare eh d mo pa sya wife nun db? Kya nguguluhan ako.. ;

Hello po! Naka-encounter nrn po ako ng ganyan. Maybe its because daw po sa cohabitation dates n nilagay.

 

[0jenifer0]

Hi tink23, my hubby just called cic while ago.. We are so relieved upon hearing that they had already recieved our application and we are now able to check the status online.. We were so worried before bec he had not recieved any confirmation letter form cic but then the agent said dont worry about because our application is finished and all done and is now here in the Philippines.. Thank God for this good news.. By the way our application status is "decision made".. Anyone cam explain this further for us?

Hi, DM or decision made means Stage 1 was done, your Sponsor was approved or eligible to Sponsor his Spouse. Once the Application transferred here at CEM File Transfer that's Stage 2 for the Applicant that's you . So maximum 1 month you will receive a URGENT letter from CEM Canadian Embassy Manila via snail mail for your PPR means Passport Request goodluck...

 

[jaimevetero]

Hi guys! I checked on my E-CAS 2 weeks ago, and it says ''medical exams have been received'' What does this exactly mean?
it means the exams have arrived at ottawa offices or they are already at the abroad visa office (Santigao, Chile)?
how long i will have to wait to be contacted again and for what?

thanks