Does Temporarily living seperate and apart affect Regulation 124(a)

[Attak]

I need some clarification on the IRCC regulation 124a of the family class sponsorship in canada class.
After a long wait of close to 30months my application was refused by an immigration officer on grounds that
me and my wife have been living seperate and apart in two different cities in Canada and hence the Officer
concluded that I am not eligible for permanent residence in canada class because regulation 124(a) state that a foreign national is a member of the spouse or common law partner in canada class if they are the spouse or common law partner of the sponsor and cohabit with the sponsor in canada.

1. The question is how long must one cohabit in the case of marriage?
2. If one of the marriage couple temporarily live with the parent due to pregnancy and inability to cope with job.and both sponsor and applicant were not working and sought assistance from parent does this affect cohabitation and hence R124(a)
3. we got marriage on January 2017 and by December 24, 2017 my wife was heavily pregnant with its related consequences and was about to deliver our first baby.
4.My wife return on November 16, 2019 to live with me after completing all her pre and post natal activities and coincidentally we received interview appointment on the 12th November 2019 to attend interview on the 19th November 2019.
5. Whiles my wife was with her parents for that period between 2018 and October 2019 we visited each other on several occasion.
Reason for temporarily not living together as explained, yet the Officer didn't look at other evidences because at the start of the interview my wife pulled out ON ID at two different address and explain her circumstances .

 

[scylla]

I need some clarification on the IRCC regulation 124a of the family class sponsorship in canada class.
After a long wait of close to 30months my application was refused by an immigration officer on grounds that
me and my wife have been living seperate and apart in two different cities in Canada and hence the Officer
concluded that I am not eligible for permanent residence in canada class because regulation 124(a) state that a foreign national is a member of the spouse or common law partner in canada class if they are the spouse or common law partner of the sponsor and cohabit with the sponsor in canada.

1. The question is how long must one cohabit in the case of marriage?
2. If one of the marriage couple temporarily live with the parent due to pregnancy and inability to cope with job.and both sponsor and applicant were not working and sought assistance from parent does this affect cohabitation and hence R124(a)
3. we got marriage on January 2017 and by December 24, 2017 my wife was heavily pregnant with its related consequences and was about to deliver our first baby.
4.My wife return on November 16, 2019 to live with me after completing all her pre and post natal activities and coincidentally we received interview appointment on the 12th November 2019 to attend interview on the 19th November 2019.
5. Whiles my wife was with her parents for that period between 2018 and October 2019 we visited each other on several occasion.
Reason for temporarily not living together as explained, yet the Officer didn't look at other evidences because at the start of the interview my wife pulled out ON ID at two different address and explain her circumstances .

Since you applied inland, you were required to continue living together for the duration of the application (i.e. from when you first apply to when you are approved). Living together is mandatory to be approved via inland. You were correctly refused since you stopped living together. The reason for that is unfortunately irrelevant.

 

[Attak]

Since you applied inland, you were required to continue living together for the duration of the application (i.e. from when you first apply to when you are approved). Living together is mandatory to be approved via inland. You were correctly refused since you stopped living together. The reason for that is unfortunately irrelevant.

Ok thanks for your opinion but I still believe the officer did not look at all evidences and so would like to contest this refusal, we didn't stop living together.we were all in canada and as such I still think a temporary visit to parent place due to our challenging circumstances does not mean we have lived and seperate apart especially when my wife still with me .

 

[PMM]

Hi

Ok thanks for your opinion but I still believe the officer did not look at all evidences and so would like to contest this refusal, we didn't stop living together.we were all in canada and as such I still think a temporary visit to parent place due to our challenging circumstances does not mean we have lived and seperate apart especially when my wife still with me .

1. Good Luck, but I wouldn't hold out much hope in that you and your spouse were separated for almost a year, visiting is not living together.

 

[Attak]

Hi



1. Good Luck, but I wouldn't hold out much hope in that you and your spouse were separated for almost a year, visiting is not living together.

I need a lawyer to honestly tell me this position of 124(a) for this was the only reason I was denied , our relationship was genuine everything were going on smoothly untill the coming of my wife pregnancy and lost of job and I was not given work permit to work to support ourselves .I think the officer ought to have considered other circumstantial evidence pointing to one conclusion we are together and we didn't seperate as they were thinking. what is the meaning of seperation in the eyes of marriage in relation to R 124 (a). we show proof of communication on daily basis when were not together. I have been given voluntary departure order but not until a Judge decide this matter I am not voluntarily going to leave canada and seperate myself from my 18 months old baby who need the care of the father

 

[Buletruck]

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

• (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;
  
  
  

  Applicants in the spouse or common-law partner in Canada class who are not cohabiting with their sponsor at the time they are ready to be granted permanent residence (persons who have been removed or who have left Canada voluntarily) are not eligible for permanent residence. They have the option of submitting a new application to be processed abroad under the family class, subject to applicable fees.

  
  
  

 

[jddd]

I need a lawyer to honestly tell me this position of 124(a) for this was the only reason I was denied , our relationship was genuine everything were going on smoothly untill the coming of my wife pregnancy and lost of job and I was not given work permit to work to support ourselves .I think the officer ought to have considered other circumstantial evidence pointing to one conclusion we are together and we didn't seperate as they were thinking. what is the meaning of seperation in the eyes of marriage in relation to R 124 (a). we show proof of communication on daily basis when were not together. I have been given voluntary departure order but not until a Judge decide this matter I am not voluntarily going to leave canada and seperate myself from my 18 months old baby who need the care of the father

The officer does not doubt that you and your wife are IN A RELATIONSHIP “together” but the fact that you are living PHYSICALLY separately makes the refusal VALID IN LAW. An appeal will most likely fail. See Buletruck’s reply.

 

[canuck_in_uk]

I need a lawyer to honestly tell me this position of 124(a) for this was the only reason I was denied , our relationship was genuine everything were going on smoothly untill the coming of my wife pregnancy and lost of job and I was not given work permit to work to support ourselves .I think the officer ought to have considered other circumstantial evidence pointing to one conclusion we are together and we didn't seperate as they were thinking. what is the meaning of seperation in the eyes of marriage in relation to R 124 (a). we show proof of communication on daily basis when were not together. I have been given voluntary departure order but not until a Judge decide this matter I am not voluntarily going to leave canada and seperate myself from my 18 months old baby who need the care of the father

A basic requirement to qualify for inland is that you live together throughout the entire processing. That is immigration law. You didn't qualify and were correctly refused. You don't get an exemption from the requirements.

 

[scylla]

I need a lawyer to honestly tell me this position of 124(a) for this was the only reason I was denied , our relationship was genuine everything were going on smoothly untill the coming of my wife pregnancy and lost of job and I was not given work permit to work to support ourselves .I think the officer ought to have considered other circumstantial evidence pointing to one conclusion we are together and we didn't seperate as they were thinking. what is the meaning of seperation in the eyes of marriage in relation to R 124 (a). we show proof of communication on daily basis when were not together. I have been given voluntary departure order but not until a Judge decide this matter I am not voluntarily going to leave canada and seperate myself from my 18 months old baby who need the care of the father

If you need a lawyer, then you will need to hire one to get a legal opinion.

None of us here are lawyers.

 

[Attak]

A basic requirement to qualify for inland is that you live together throughout the entire processing. That is immigration law. You didn't qualify and were correctly refused. You don't get an exemption from the requirements.

Thank you for your opinion, Do I qualify to appeal at the immigration Board? This is in canada class spousal sponsorship (Inland)

 

[Attak]

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

• (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;
  
  
  
  
  

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

• (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;
  
  
  
  
  
  

Which part of the R124(a) says cohabitation for spouse must be continuous without a break and where in the law does it say at the time of final decision spouse must be cohabiting without temporarily break. Especially where both sponsor and applicant are still in Canada

 

[Attak]

Since you applied inland, you were required to continue living together for the duration of the application (i.e. from when you first apply to when you are approved). Living together is mandatory to be approved via inland. You were correctly refused since you stopped living together. The reason for that is unfortunately irrelevant.

Thank you for throwing more light but I have search the regulation I don`t see anywhere in the law that says spouses must cohabit (from when you first apply to when you are approved)

Anyway I might be wrong and I thank all of you expressing your opinion . Can the sponsor appeal this decision through the immigration board?

 

[jddd]

Thank you for throwing more light but I have search the regulation I don`t see anywhere in the law that says spouses must cohabit (from when you first apply to when you are approved)

Anyway I might be wrong and I thank all of you expressing your opinion . Can the sponsor appeal this decision through the immigration board?

you quoted It yourself from Buletruck:

A foreign national is a member of the spouse or common-law partner in Canada class if they

• (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada

 

[Attak]

you quoted It yourself from Buletruck:

A foreign national is a member of the spouse or common-law partner in Canada class if they

• (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada

So do I appeal at the immigration board or I go to court

 

[scylla]

Thank you for throwing more light but I have search the regulation I don`t see anywhere in the law that says spouses must cohabit (from when you first apply to when you are approved)

Anyway I might be wrong and I thank all of you expressing your opinion . Can the sponsor appeal this decision through the immigration board?

Law is quoted above. Cohabitation is a base requirement for inland sponsorship.

Yes - you can appeal. However in your case this wouldn't be advisable since you were correctly refused. IMO it would be best to reapply.