Permanent residence refused, and we dont understand the reason!

[julienrobi3]

Hello everyone!
I am canadian and my girlfriend is french american. In november 2018 we sent our documents for family class sponsorship as common-law partners from outside Canada. We were living in Slovakia at the time, but a few months before we spent two years in Tbilissi, Georgia.
We were living together for more than two years when we first sent the documents. Everything went well afterwards: In february 2019, we recieved a letter from Immigration telling me I was an eligible sponsor. A few months later, my girlfriend recieved her CSQ (since we want to live in Quebec), and was asked to do her medical exam during the summer 2019.
Beginnning of august, we thought that she would get her permanent residence in the coming months, so we decided to move back to Quebec (since my girlfriend is american, she is allowed 6 months in Canada without a visa), so she did her medical exam in Montreal.
However, in November 2019, one year after sending all our documents. we recieved a letter of the immigration officer saying that he would need more proof of our relationship. Overall, between our original documents sent in november 2018 and all the documents sent after november 2019, we sent:
-Common bank account statement from our time in Georgia and Slovakia
- Pay stub showing our same asdress and that our salary was put in the same bank account for all our time in Georgia and Slovakia
-Tax report and some online bills with our adress on it.
-lease from slovakia with both our name on it
- A sworn letter of residence form our landlord in Georgia
- Passport stamps proving we travelled together for the past 4 years
-about 20 pictures with friends, family , or alone, in diffenrent situations
-Emails sent to friends with our common adress in it (such as house warming parties invitations..)
-letter of our common boss in Georgia, testimony of my mom, of my girlfriend's mom,...
-lease of our appartment in Quebec.

And even with all those informations, we recieved 3 weeks ago a letter from the officer telling us he is refusing my girlfriend's permanent residence since he is not convinced of our relationship.

Since then, we dont know really what to do. The problem is that we dont even know what we did wrong. Which documents was not good enough? Should we go in appeal of the decision ? We are so frustrated that no one can actually tell us what went wrong. Next week we will probably meet with a lawyer in immigration, but it is so expensive that we would like to find another way.

Anyway, anybody was in the same situation, or anybody has suggestions for us? We would really appreciate any help!

Thanks for reading !!

Julien

 

[zardoz]

Hello everyone!
I am canadian and my girlfriend is french american. In november 2018 we sent our documents for family class sponsorship as common-law partners from outside Canada. We were living in Slovakia at the time, but a few months before we spent two years in Tbilissi, Georgia.
We were living together for more than two years when we first sent the documents. Everything went well afterwards: In february 2019, we recieved a letter from Immigration telling me I was an eligible sponsor. A few months later, my girlfriend recieved her CSQ (since we want to live in Quebec), and was asked to do her medical exam during the summer 2019.
Beginnning of august, we thought that she would get her permanent residence in the coming months, so we decided to move back to Quebec (since my girlfriend is american, she is allowed 6 months in Canada without a visa), so she did her medical exam in Montreal.
However, in November 2019, one year after sending all our documents. we recieved a letter of the immigration officer saying that he would need more proof of our relationship. Overall, between our original documents sent in november 2018 and all the documents sent after november 2019, we sent:
-Common bank account statement from our time in Georgia and Slovakia
- Pay stub showing our same asdress and that our salary was put in the same bank account for all our time in Georgia and Slovakia
-Tax report and some online bills with our adress on it.
-lease from slovakia with both our name on it
- A sworn letter of residence form our landlord in Georgia
- Passport stamps proving we travelled together for the past 4 years
-about 20 pictures with friends, family , or alone, in diffenrent situations
-Emails sent to friends with our common adress in it (such as house warming parties invitations..)
-letter of our common boss in Georgia, testimony of my mom, of my girlfriend's mom,...
-lease of our appartment in Quebec.

And even with all those informations, we recieved 3 weeks ago a letter from the officer telling us he is refusing my girlfriend's permanent residence since he is not convinced of our relationship.

Since then, we dont know really what to do. The problem is that we dont even know what we did wrong. Which documents was not good enough? Should we go in appeal of the decision ? We are so frustrated that no one can actually tell us what went wrong. Next week we will probably meet with a lawyer in immigration, but it is so expensive that we would like to find another way.

Anyway, anybody was in the same situation, or anybody has suggestions for us? We would really appreciate any help!

Thanks for reading !!

Julien

Order your GCMS notes to see what happened in the application and the notes behind the visa officers reasoning. Then, if appropriate, appeal the refusal.

 

[armoured]

Did you receive a procedural fairness letter (where you were asked to provide more information)?

I would echo/agree with above (i.e. get information from gcms on reasons why you were refused). You should also consider contacting your MP. And then consider when/how to appeal.

You might also consider re-applying, possibly as inland, although the downside to that would be that you would both need to stay in Canada while it's being processed. The upside would be that you would be able to stay together in Canada and (likely) be able to get work permit for your spouse. Others here may be able to comment on whether an appeal would be faster than re-applying as inland. (You can re-apply as outland in which case you could travel, but no work permit possibility as I understand, and re-entry into Canada is possibly an issue?)

Also: consider getting married. In my view, it will strengthen your case. Up to you.

 

[VJ2012]

Re-apply does not help .
You should fill the appeal form within 30 days of the notice you received otherwise you will lose that opportunity . I read that already 3 weeks have past , you only have 1 wk .
You don’t need a lawyer to fax the appeal form to IAD,you can get it later.

 

[julienrobi3]

Thank you for your replies.
I just ordered the notes. But apparently it takes 30 days, so it will be too late for the appeal (you need to appeal within 30 days).
We also already talked to our MP's office, but in the end they couldn't do much.

On monday we have a meeting with an immigration lawyer. We are hoping to get some answers and guidelines. Do you think it is worth the money to have a one hour chat with a lawyer? Hopefully the lawyer could tell us which document was missing or not good enough...
Thank again!

 

[canuck_in_uk]

Thank you for your replies.
I just ordered the notes. But apparently it takes 30 days, so it will be too late for the appeal (you need to appeal within 30 days).
We also already talked to our MP's office, but in the end they couldn't do much.

On monday we have a meeting with an immigration lawyer. We are hoping to get some answers and guidelines. Do you think it is worth the money to have a one hour chat with a lawyer? Hopefully the lawyer could tell us which document was missing or not good enough...
Thank again!

I would go back to the MP's office and demand that they help. It is their job. Tell them to contact IRCC ASAP and ask for reconsideration. Write out a full list of proofs you submitted and the relationship timeline and make sure that the MP office staff member understands it.

In the meantime, you can file the appeal. I wouldn't bother speaking to a lawyer, at least until you get the GCMS notes.

If the reconsideration request is accepted, you can withdraw the appeal. If it isn't, the appeal will be processed and IRCC would very likely lose.

 

[armoured]

Do you think it is worth the money to have a one hour chat with a lawyer? Hopefully the lawyer could tell us which document was missing or not good enough...

I would not delay appealing.

Lawyer: just my own opinion, but I don't know if they'd be able to give you a reasonable read on what was missing without more time or detail. If I were in your position, what I'd want to know from a lawyer in the immediate and with limited time is the procedure for appeal, timelines, and what deadlines and key milestones come up in the process. And what information they would need to be able to provide effective counsel.

BTW here is an IRCC page that (if you scroll down and read carefully) has info on steps in appeal and some options.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-decisions.html

For example you can search for the section "reconsideration and enquiries after refusal." Some potential options there, although I don't know how well they apply to your case.

 

[armoured]

I would not delay appealing.

To note, as far as I can tell, your 'notice to appeal' does not require you to provide any substantive arguments on why your appeal is justified - it's a legal notification that starts the process. The examination/argumentation stage seems to come later.

(Caveat here, I've no expeience with this procedure, please find out for yourself and double check everything_

 

[julienrobi3]

Hi again, Thank you for all these very helpful answers.
We were hesitating to start the appeal process because a lawyers office told us that if we go in appeal and we lose, my girlfriend wouldn't be allowed to ask to be sponsered again. So we wouldnt be able re-apply.
Anyone knows if it is actually true? I couldnt find the info online.
Thanks!

 

[cantthinkofaname]

Get married.

 

[Cocorosie]

Did you declare in your taxes your common law relationship status??