Procedural Fairness Letter

[niks_]

Hi,
I received my PR on Jan 2021 as single applicant.
And in July 2021 I applied for my husband's PR application under Spouse Sponsorship inland Canada class.

We have been living together since May 2019. But being from different religion (my husband is Hindu, and I am Muslim) I was unsure about the future
of this relationship. And we wanted to get approval from our parents.
In Jan/Feb 2020 we went to India for our shake parents did agreed, but the problem was the relatives and community.
But by the time in Jan 2021 I received my PR, and then we got married in May 2021.

And now the visa officer have concern that I (sponsor) fail to disclose the common law partner.

I have received a procedural fairness letter from IRCC stating:

"Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada.

Section 125(1) of the Regulations indicates 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
(d) subject to subsection (2), 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."

I do not know how can I explain to him that in India, interfaith relationship/marriage is difficult and parents society do not easily accept it.
I got married once I had the confirmation about I have some permanent status in Canada.

Before Procedural Fairness Letter, visa officer asked as to submit relationship timeline where we mention our good things and living together as couple in same house from May 2019. Now, visa officer is using our timeline to prove that I failed to mention common law when I received PR on Jan 2021. And I can not sponsor my spouse in Canada Class.

Please do help, If anyone had experienced the same situation or have knowledge in this kind of matter.

 

[Naturgrl]

Hi,
I received my PR on Jan 2021 as single applicant.
And in July 2021 I applied for my husband's PR application under Spouse Sponsorship inland Canada class.

We have been living together since May 2019. But being from different religion (my husband is Hindu, and I am Muslim) I was unsure about the future
of this relationship. And we wanted to get approval from our parents.
In Jan/Feb 2020 we went to India for our shake parents did agreed, but the problem was the relatives and community.
But by the time in Jan 2021 I received my PR, and then we got married in May 2021.

And now the visa officer have concern that I (sponsor) fail to disclose the common law partner.

I have received a procedural fairness letter from IRCC stating:

"Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada.

Section 125(1) of the Regulations indicates 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
(d) subject to subsection (2), 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."

I do not know how can I explain to him that in India, interfaith relationship/marriage is difficult and parents society do not easily accept it.
I got married once I had the confirmation about I have some permanent status in Canada.

Before Procedural Fairness Letter, visa officer asked as to submit relationship timeline where we mention our good things and living together as couple in same house from May 2019. Now, visa officer is using our timeline to prove that I failed to mention common law when I received PR on Jan 2021. And I can not sponsor my spouse in Canada Class.

Please do help, If anyone had experienced the same situation or have knowledge in this kind of matter.

You need a Canadian immigration lawyer ASAP to respond to your PFL. So you received a PFL after telling officer that you had lived together since May 2019. If so you have been common law since May 2019 according to IRCC. Doesn’t matter that you are different religions. If you lived together, you were common law. Now you have to respond to PFL to prove you were not common law but cannot use religion/interfaith marriage as a reason.

 

[niks_]

So you received a PFL after telling officer that you had lived together since May 2019. If so you have been common law since May 2019 according to IRCC. Doesn’t matter that you are different religions. If you lived together, you were common law. Now you have to respond to PFL to prove you were not common law but cannot use religion/interfaith marriage as a reason.

The thing is to show our strong relationship, we already submitted the lease documents on our both name from May 2019 in our timeline doc.
And we have already set our life here by buying house.
I do not know what would be the consequences of it?

 

[Naturgrl]

The thing is to show our strong relationship, we already submitted the lease documents on our both name from May 2019 in our timeline doc.
And we have already set our life here by buying house.
I do not know what would be the consequences of it?

So were you living in Canada since 2019? Again you need a lawyer ASAP. You actually showed that you were common law with your shared lease so should have applied as such and not single. You could have included him on your application. The consequence is that you cannot sponsor your spouse and he will have to apply through Express Entry or a PNP program based on his own merits. He will need to be invited on his merit. Or he can focus on studies, get a study permit and PGWP, and maybe in a few years qualify for PR.

Given you proved common law and received PFL not sure how you can have that overturned.

 

[scylla]

The thing is to show our strong relationship, we already submitted the lease documents on our both name from May 2019 in our timeline doc.
And we have already set our life here by buying house.
I do not know what would be the consequences of it?

Unfortunately you are in a difficult situation. Since you lived together for more than a year before moving to Canada, you were classified as common law per Canada's immigration rules and were required to add your common law partner to your application before landing and becoming a PR. Since you failed to do this, it means you can never sponsor your partner for PR. So you should be expecting your sponsorship application to be refused.

As suggested above, your partner should focus on qualifying to immigrate to Canada independently through an immigration program like Express Entry or PNP. This is your most realistic path forward.

Good luck.

 

[niks_]

I submitted work permit along with my PR application, but till date I have not received the decision on it.
And the situation right now is that my spouse is on bridge work permit (I had open work permit previously based on my study here).
I do not have any doc regarding it. And in case they refuse my application, do they also reject the work permit sent along with the PR application?
It has been approx 20 months, still my spouse have not got work permit.
On portal, it shows it's in process.

 

[scylla]

I submitted work permit along with my PR application, but till date I have not received the decision on it.
And the situation right now is that my spouse is on bridge work permit (I had open work permit previously based on my study here).
I do not have any doc regarding it. And in case they refuse my application, do they also reject the work permit sent along with the PR application?
It has been approx 20 months, still my spouse have not got work permit.
On portal, it shows it's in process.

Your post is a bit unclear.

Can you confirm on what basis your spouse has a BOWP? A person can only apply for a BOWP if they have received a provincial nomination or have received ITA through Express Entry and have submitted their complete application. Has your spouse also applied for PR through Express Entry or PNP?

And yes, if they reject the spousal sponsorship application, they would also refused the open work permit that was sent with the spousal sponsorship application.

 

[niks_]

Your post is a bit unclear.

Can you confirm on what basis your spouse has a BOWP? A person can only apply for a BOWP if they have received a provincial nomination or have received ITA through Express Entry and have submitted their complete application. Has your spouse also applied for PR through Express Entry or PNP?

And yes, if they reject the spousal sponsorship application, they would also refused the open work permit that was sent with the spousal sponsorship application.

My spouse and I meet here in Canada when we were studying in University and after completing his study he got the open work permit.(which expired on Jan 2022)
When we applied for the spouse sponsorship PR application (applied on July 2021) we had applied for open work permit.
And this application is in progress.

 

[moscatojuices]

I do not know how can I explain to him that in India, interfaith relationship/marriage is difficult and parents society do not easily accept it.
I got married once I had the confirmation about I have some permanent status in Canada.

These excuses don't fly in Canada - you shot yourself in the foot here. Canada makes this obligation black and white because nobody cares about whether things are going good or not with your relationship - they ONLY care if it meets legal requirements and if you disclosed it.

You can expect a refusal here and now your concern is going to be whether you and your husband have a future because it looks like it won't be in Canada.

 

[scylla]

My spouse and I meet here in Canada when we were studying in University and after completing his study he got the open work permit.(which expired on Jan 2022)
When we applied for the spouse sponsorship PR application (applied on July 2021) we had applied for open work permit.
And this application is in progress.

I understand now. So he was holding a PGWP until Jan 2022. So he's on implied status right now until the open work permit application is either approved or refused.

You should be expecting the open work permit application will be refused along with the sponsorship application. Once that happens, he will be out of status in Canada and will have to stop working immediately.

He should investigate if he qualifies for an extension to his PGWP under the new policy since you know the open work permit application you have submitted is going to be refused. I don't know if he qualifies under the policy or not. The details are here: https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/03/canada-announces-extension-of-post-graduation-work-permits-for-up-to-18-months-to-retain-high-skilled-talent.html

 

[Flyingfast]

Hi,
I received my PR on Jan 2021 as single applicant.
And in July 2021 I applied for my husband's PR application under Spouse Sponsorship inland Canada class.

We have been living together since May 2019. But being from different religion (my husband is Hindu, and I am Muslim) I was unsure about the future
of this relationship. And we wanted to get approval from our parents.
In Jan/Feb 2020 we went to India for our shake parents did agreed, but the problem was the relatives and community.
But by the time in Jan 2021 I received my PR, and then we got married in May 2021.

And now the visa officer have concern that I (sponsor) fail to disclose the common law partner.

I have received a procedural fairness letter from IRCC stating:

"Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada.

Section 125(1) of the Regulations indicates 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
(d) subject to subsection (2), 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."

I do not know how can I explain to him that in India, interfaith relationship/marriage is difficult and parents society do not easily accept it.
I got married once I had the confirmation about I have some permanent status in Canada.

Before Procedural Fairness Letter, visa officer asked as to submit relationship timeline where we mention our good things and living together as couple in same house from May 2019. Now, visa officer is using our timeline to prove that I failed to mention common law when I received PR on Jan 2021. And I can not sponsor my spouse in Canada Class.

Please do help, If anyone had experienced the same situation or have knowledge in this kind of matter.

Not disclosing the truth about your common law relationship on the original application has nothing to do with what your family might think. It's got nothing to do with anything. You need a lawyer to respond as this is misrepresentation.

 

[Naturgrl]

Not disclosing the truth about your common law relationship on the original application has nothing to do with what your family might think. It's got nothing to do with anything. You need a lawyer to respond as this is misrepresentation.

Agree that is misrepresentation. She will not lose her PR but she will never be able to sponsor her spouse. The spouse will have to immigrate on his own merits through EE, PNP or apply for a study permit (does not guarantee PR). OP needs a lawyer but it will be difficult to overturn given they have proven they are common law through a lease.

Many people do not understand the IRCC definition of common law and assume that religion is a reason for not being common law. In Canada, religion has nothing to do with being common law. It is living together with one person continuously for one year. If OP had just stated common law from the beginning then she would not be in this situation. Saying they want to buy a house in Canada does not change anything.

 

[Kirangrewal541]

Hi
Can you please let me know if you reapply or not.
We are also same situation
But all the prove we have attached are after our marriage.
But our representative write the relationship time letter that we have been living together since 2016.
Please reply.
Thank you

 

[canuck78]

Hi
Can you please let me know if you reapply or not.
We are also same situation
But all the prove we have attached are after our marriage.
But our representative write the relationship time letter that we have been living together since 2016.
Please reply.
Thank you

When did one of you get PR? How is you get PR? How long have you both been in Canada? Have you been indicating you are common law on your taxes?

 

[Kirangrewal541]

I got my PR in sept 2021
We both are in canada from 2016.
No never indicate common law on taxes.
We received refusal letter on 10 march.