Thank you for your effort I appreciate it. The thing is i was sponsored by my father and we really did not know about this law, even the minister did not explain this to us. He was not declared as a family member since we did not live together for long periods of time. The only mistake here was us not getting a marriage license since we were told that everything will be processed for us, we agreed because my vacation was short and we wont be able to get everything done if my husband would wait for me to arrive before starting the process, we never really thought there would be a problem with our marriage certificate until we got that email. We can prove that our relationship is genuine because we have been together for morethan 5 years but we cannot say that we fall under common law category, i am thinking of sending them a letter explaining what happened. But i am wondering if they will consider us as conjugal partner if proven that we did not have any knowledge of the said article 34 prior to the marriage. Also we have the wedding video to prove that no explanation about anything regarding the article 34 took place before proceeding with the ceremony and it was quick because the minister was in a hurry I know we cannot send videos or anything like that so we are really lost here
Apologies, I assumed you were the PA.
I'm sorry to hear about your case. I wish I could say that there's an easy fix, but frankly, I believe you will need a lawyer to sort out the validity of your marriage. You can read the Family Code
here; Chapters 2 & 3, in particular. As it appears that none of the scenarios under Chapter 2 apply to you, your marriage is considered
void per Art. 35.3. That means, in the eyes of the law, you are
not legally married; and the only "seemingly viable" way for you to sponsor your husband right away would be
if your relationship qualified as a common-law one (see IRCC's definition
here). I say "seemingly viable" because I would not recommend you make this representation (even if you believe you can establish such a partnership). Doing so will definitely raise questions about him not being in your earlier application for permanent residency (you would not only risk your ability to sponsor him, but also your own status).
Unfortunately, having no knowledge of the law would not be sufficient to appeal the validity of your marriage. You
should respond to IRCC and explain to them what happened. But I strongly suggest you consult a lawyer before doing so to avoid saying anything questionable/suspicious or giving any bad impression to the VO that could jeopardize your re-application.
I wish you all the best, and I could only imagine how stressful this may be to you and your husband. I hope things work out for you.