Hi. Gusto ko lang po i-share yung nabasa ko sa Operational Manual ng CIC for applications processed overseas.
Accompanying family members not excluded
Visa offices may encounter situations where a common-law partner and dependent child of a
sponsor are applying for permanent residence and these individuals were not examined at the
time of the sponsor's own pre-IRPA application for permanent residence. Common-law partners
were not family members pre-IRPA so were not required to be examined. These individuals are
not inadmissible under R117(9)(d). See R355. However, any children of the sponsor who met the
pre-IRPA definition of dependent child should have been examined. If they are now being
sponsored in the family class, then they are inadmissible under R117(9)(d). If, on the other hand,
they are included in the common-law partner's application for permanent residence as
accompanying family members, then they are not being sponsored themselves as members of the
family class but rather are the family members of a member of the family class and hence they are
not inadmissible under R117(9)(d).
I think may laban yung case ni mcm. Kasi nagsama sila before sila nagpakasal which can be categorized as common law during the time na nagapply ang partner nya for permanent residence. Sabi dito, ang common law partner ay hindi family member kaya hindi required na i-examine. Tapos nagpakasal sila. Ang category na nila ngayon ay spouse. To qualify for spousal sponsorship, the principal applicant should meet the definition of a spouse (which is na-meet naman ni mcm) when the application was received by CPC-M. Pwede nilang gamitin ang argument na to para i-prove sa visa officer na 'family member' na sya ngayon under the IRPA.
