I am in need of urgent help. I applied within Canada as I am living with my spouse in Manitoba (Spouse or Common-law Partner in Canada class). In June 30th 2014 we received an email saying "It has been determined that I meet the eligibility requirements to apply for PR as a member of the Spouse or Common-Law Class. Please note that the final decision will not be made until all remaining requirements for becoming a PR have been met. These requirements include medical, security and background checks. All of which have been completed.
In order to continue this processing your application further information is required. you must complete/submit the following to this office:
> Medical: Complete or provide proof of completion of Immigration medical. This must be received at this office by: 2014/09/28.
This part was completed and excepted in the Mississauga office in 2014/09/14.
On Jan 12th 2015 I received another email from the CIC it stated, This is to replace the eligibility letter dated 28 September, 2014 that refers to your application for
permanent residence under the Spouse or Common-law Partner in Canada class. Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada.
Mr. XXXX XXXXX XXXXX, in review of your sponsorship application, you indicated that you were in a common-law relationship and co-habiting with your sponsor since 29 July, 2007. Your sponsor failed to declare you at the time of her becoming a permanent resident on the 19 April, 2012. Since your sponsor did not have you examined for his/her application for permanent residence, you would therefore be excluded from applying for immigration in the family class.
This is after excepting I meet the eligibility in June 2014.
They in the same email said; The onus is on you Mr. xxxx xxxx xxxxx to satisfy me that you are not an excluded member of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within fourteen (14) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your application. Every thing was posted to the Mississauga office and below is their reply....
The information requested along with a copy of this letter must be sent to:
Officer JE – INLAND SCLP
Email: CPCM-EXTCOM@cic.gc.ca
Facsimile: (905) 803-7392
The application was denied in Febuary 3rd 2015 stating;
Case Processing Centre Mississauga Centre de Traitement des Demandes Mississauga
Dear xxxxx xxxxx xxxxx:
This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.
I have determined that you do not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Subsection 125(1)(d) of the Immigration and Refugee Protection Regulations states that a foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Your sponsor failed to declare you and have you examined for the purposes of immigration, within his/her application for permanent residence. After review of your response letter, I am not satisfied at this time to waive you Mr. xxxx xxxx xxxxx, from the excluded family member class. It is very apparent that you and your common-law spouse have been co-habiting for the last seven years but have been together for seventeen years. Throughout the process in applying for permanent resident status, applicants are advised in writing to notify Citizenship and Immigration of any changes including changes in marital status. There is no reason to believe that your common-law spouse/ sponsor was unaware of the consequences if she failed to comply. As a result, I have determined that you are not a member of the spouse or common-law partner in Canada class.
What can I do in response?
Can I appeal?
