117(9)(d) Spouse Sponsonsorship Problem, HELP

[jayden05]

117(9)(d) A foreign national shall not be considered a member of the family class by virtue
of their relationship to a sponsor if, subject to subsection (10), 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.
Based on the information you have presented to this office, it would appear you fall within the exclusion
established by this provision. Specifically, it would appear you were not examined when your sponsor
applied for and subsequently obtained permanent residence in Canada.
Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond to
this concern.
If your sponsor can demonstrate that you were declared as a family member and examined at the time of
his/her application for permanent residence, it may be possible to proceed with your application. One
way of demonstrating that you were declared as a family member would be to provide a copy of your
sponsor’s application for permanent residence. If your sponsor does not have personal records, he/she
may wish to contact any representative who might have assisted in their application and retained a copy
of their file. Please note that this office cannot provide any assistance with this process

Kindly help me with my problem, MVO sent me this message this morning, in my undestanding i have failed to declare my wife way back on 2011 when i first apply for to Canada. I did not mention her on all my application and only my son. Even though we have been together already since 2005. But i have a complete valid reason in which i fail to include it in application. My first reason was we only just got married on 2106. And i have all proof that ever since 2005-2011 we did not have a common law relationship. So it make sense that i did not mention her when i apply to Canada.

Right now im gathering all proof that we didnt have common law relationship and no point declaring her when i first apply at 2011. We are gonna talk to a lawyer next thing tommorow to help us with our situation.
Just wanted to know if this is the right approach coz right now im losing my mind. T_T

 

[Rob_TO]

And i have all proof that ever since 2005-2011 we did not have a common law relationship. So it make sense that i did not mention her when i apply to Canada.

At any time from 2005 to when you landed as a PR, had you lived together in the same home for 12 consecutive months?

 

[jayden05]

Yes we have been living together but at my parents house. We both have no jobs and i was still dependent to my parents at that time. My parents paid all the bills. Even today my wife and son is still living at my parents house.

 

[mikeymyke]

Then you guys were in fact common law. You automatically became common law when u lived together for a year in a relationship. At that point, you're supposed to declare you had a common law partner.

 

[Bcboundboy]

Yes we have been living together but at my parents house. We both have no jobs and i was still dependent to my parents at that time. My parents paid all the bills. Even today my wife and son is still living at my parents house.

Unfortunately for you, being dependent on your parents doesn't prevent the creation of a common law relationship (indeed, it demonstrates her financial dependence on you & your family). You were common law at that point, and by not declaring her on your own application you rendered it impossible to sponsor her now.

 

[jayden05]

Yes, Im from the Philippines, and this is exactly what i am trying to do right now. We are trying to get a hold of a lawyer to get a notarized declaration to explain this and im gathering all proof that might help my case.

 

[Rob_TO]

I'm thinking that a notarized declaration to explain why he did not think they were classified as common law with enough proof of the innocent mistake "might" work?

Ignorance of the rules is not an excuse. There are countless cases of this exact situation that you can read in the appeals thread where people genuinely didn't know the rules, yet practically all the appeals are denied. CIC takes a very strict approach to this.

Yes, Im from the Philippines, and this is exactly what i am trying to do right now. We are trying to get a hold of a lawyer to get a notarized declaration to explain this and im gathering all proof that might help my case.

The most likely situation in your case is that the visa officer will reject your application, and you will need to go through appeals process if you want to argue it further.

I've seen a case where a couple was living together for over 12 months but appeals court found they may not have been common-law since they were very young and still in school. See here: http://www.canlii.org/en/ca/fct/doc/2007/2007fc816/2007fc816.html?searchUrlHash=AAAAAQAJMTI1KDEpKGQpAAAAAAE&resultIndex=1
The longer you lived together (even if at parents home) and the older you were, the worse your chances get.

Unfortunately you most likely have a very long road ahead of you through appeals, with a very low chance of success.