Spousal sponsorship

[Leon]

In my documents we wrote a letter telling our whole story, we lived together for 14 yrs..we did breakup before he left to Canada...later then we got back together, then got married, then applied sponsorship...Sorry, i am so  :(confused.... help me!!!!!

If you had broken up at the time he applied for his PR (the reason he removed you from his PR application) and you were still broken up at the time he landed as a PR, you need to appeal.

He should talk to his member of parliament in Canada and you should both write a letter to Mississauga asking them to look at your case again as a mistake has been made.  It would be better to get a lawyer though.

Because you broke up as he was applying for his PR, you were NOT common law partners at the time he landed as a PR and he therefore could not have included you on his application.  He did not even have the right to.

[pauline regina]

Thank you for your respnse, but what happens to the fact that Mississauga is claiming that "i am not included in the family reunion sponsorship " because i was not examined !!!!? And that´s the reason he was denied to sponsor me, but only NOW, after he landed that we are legally married and NOW he is applying for family reunion,i don´t even use my single name anymore,i now use the same name as he does. I really don´t understand what they want or claim! Again please help me.

[Leon]

Again please help me.

I have already advised you what to do.  Please read my previous reply.

[pauline regina]

  so...there is a possibility that i can reunite with my husband!?? thank you!

[pauline regina]

i was terribly hopless.....

[BeShoo]

Thank you for your respnse, but what happens to the fact that Mississauga is claiming that "i am not included in the family reunion sponsorship " because i was not examined !!!!?

If you were genuinely NOT in a relationship at the time when he applied for permanent residency, you did not have to be examined. Success for you depends on proving that you were not in a relationship at the time. The fact that you were previously in a relationship will make this more difficult, but you need good evidence.

Here's a case where the sponsor had to show that he was not in a common law relationship with the applicant:
http://www.canlii.org/en/ca/irb/doc/2009/2009canlii83018/2009canlii83018.html

Read my three earlier posts in this thread, starting here: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357741#msg357741 and see what you have that could prove that you were NOT in a qualifying relationship at the time of his application. It is not sufficient that you were no longer living together. You would need to have broken off all ties like financial support, for example, and had no intention of your relationship continuing or resuming at that time.

[pauline regina]

Thank you so much for your help! The Canadian Consulate in Sao Paulo has a written letter sent by my husband ( at the time we were not married at all) asking them to" exclude his EX- common-law"  (me) ,because we were no longer in a relationship and that he was not living with me anymore and gave them his new address,which he stayed until his landing in canada,but in his immigration papers they say that "his common -law Pauline Regina will not be acompanying him to canada". they forgot to read  "EX common-law" We were not together  anymore, i was not his commom-law, but they are saying otherwise!!!!! So, i beleive there IS a misunderstaning here regarding my situation . Am i correct?

[Leon]

Yes, you are correct.  I don't suppose your husband has a copy of this letter he sent them?

[pauline regina]

Yes, he does have a copy.

[BeShoo]

That letter will be a crucial part of your evidence, but you will also need to have evidence that what the letter says is true. They have reasons to doubt that your relationship ended just at the convenient time and then resumed. I think they will want something that proves the claim in the letter, although if it says what you claim and they received it at the time, that should be strong help.

[godisgreat]

Hi All members,

Anybody have any idea when I can expect the background check come back?

Thank you.

Time line

26-08-09 CIC-M
27-08-09 Received CIC-M
23-09-09 Approved CIC-M
12-11-09 AOR CIC-ISB
24-04-10 sent some supp form travel history and personal history
22-07-10 Medical expired.

[pauline regina]

That letter will be a crucial part of your evidence, but you will also need to have evidence that what the letter says is true. They have reasons to doubt that your relationship ended just at the convenient time and then resumed. I think they will want something that proves the claim in the letter, although if it says what you claim and they received it at the time, that should be strong help.

Thank you so very much for your help. My husband just called the Canadian Consulate in Sao Paulo and they AGREE there is a huge mistake!!!!! I cannot beleive this!! If it wasn´t for you , nothing of this would´ve happened! Thank you. I will keep in informed.I hope everything now turns for the better, being with my husband means the world to me..and him. Thank you.

[knaeem]

Hi All members,

Anybody have any idea when I can expect the background check come back?

Thank you.

Time line

26-08-09 CIC-M
27-08-09 Received CIC-M
23-09-09 Approved CIC-M
12-11-09 AOR CIC-ISB
24-04-10 sent some supp form travel history and personal history
22-07-10 Medical expired.

did you receive any letter or email from CHC stating that your application is under routine background checks?

[godisgreat]

did you receive any letter or email from CHC stating that your application is under routine background checks?

MP got reply from Islamabad Embassy on 31st August 2010.This background has started in June 2010 since from June 2010 till yet still they are working on it.Let see.

Thank you.

[knaeem]

MP got reply from Islamabad Embassy on 31st August 2010.This background has started in June 2010 since from June 2010 till yet still they are working on it.Let see.

Thank you.

Most of the cases are in Background checks.. you are not alone in this boat.. normaly it takes 4 to 5 months.. depends, in how many countries the applicant has lived more than 6 months and so all those countires and their agencies are involved to help CHC for background checks... well hope for the best & pray we all go through this hard hard test successfuly.. InshaAllah...