Case referred to special unit for exclusion

[yengzzkie]

Hi everyone. I need suggestion on what to do next.

So here's my story:

- I obtained my PR status thru dependent child sponsorship as my mom being my sponsor. I landed in Canada on April 27, 2017.

- I went back to my home country on March 1, 2018 to marry my fiancee (we also had a child of our own who is 6 yrs old now and was medically examined during my application for PR).

- I went back to Canada and filed the Spousal sponsorship on May 31, 2018. I received an email on July 11, 2018 stating that our application is pending review by an officer.

- I just got our GCMS notes today (March 23, 2019) and it says on the officer's notes that our application was referred to special unit for exclusion which as far as I can see our application is going to be refused. The officer stated that our relationship wasn't declared on my application for PR thus referred for exclusion.

I'm confused because as far as I know if you are sponsored as a dependent child, you are not suppose to be 'married or in a common-law relationship' otherwise you will not be eligible under Dependent child sponsorship but now they're saying that I didn't declare my fiancee thus making her excluded from Family class sponsorship. What should I do next?

 

[Buletruck]

Wait for the PFL and respond to their concerns. Nothing you can do until they actually refuse you.

 

[jddd]

Did you live with your spouse for a year or more before becoming PR? You have a 6 year old child so it looks likely?

 

[scylla]

Hi everyone. I need suggestion on what to do next.

So here's my story:

- I obtained my PR status thru dependent child sponsorship as my mom being my sponsor. I landed in Canada on April 27, 2017.

- I went back to my home country on March 1, 2018 to marry my fiancee (we also had a child of our own who is 6 yrs old now and was medically examined during my application for PR).

- I went back to Canada and filed the Spousal sponsorship on May 31, 2018. I received an email on July 11, 2018 stating that our application is pending review by an officer.

- I just got our GCMS notes today (March 23, 2019) and it says on the officer's notes that our application was referred to special unit for exclusion which as far as I can see our application is going to be refused. The officer stated that our relationship wasn't declared on my application for PR thus referred for exclusion.

I'm confused because as far as I know if you are sponsored as a dependent child, you are not suppose to be 'married or in a common-law relationship' otherwise you will not be eligible under Dependent child sponsorship but now they're saying that I didn't declare my fiancee thus making her excluded from Family class sponsorship. What should I do next?

Did you live together at all with your fiance before coming to Canada?

 

[yengzzkie]

Did you live with your spouse for a year or more before becoming PR? You have a 6 year old child so it looks likely?

We don't really live together, she stays in her parent's house and I still live in our house. I'd just go visit them about twice or thrice a week because my mom told me that we cannot live together and cannot be married as my application for PR as dependant was still going on.

 

[yengzzkie]

Did you live together at all with your fiance before coming to Canada?

We don't really live together, she stays in her parent's house and I still live in our house. I'd just go visit them about twice or thrice a week because my mom told me that we cannot live together and cannot be married as my application for PR as dependant was still going on.

 

[scylla]

We don't really live together, she stays in her parent's house and I still live in our house. I'd just go visit them about twice or thrice a week because my mom told me that we cannot live together and cannot be married as my application for PR as dependant was still going on.

I suspect IRCC may not believe that you aren't common law given you have a 6 year old child together. You'll have to wait for the details to see. However that seems to be the obvious thing right now...

 

[Buletruck]

Sounds like you weren’t living together simply to circumvent the requirements. I suspect you’ll have a difficult time proving otherwise.

 

[jddd]

We don't really live together, she stays in her parent's house and I still live in our house. I'd just go visit them about twice or thrice a week because my mom told me that we cannot live together and cannot be married as my application for PR as dependant was still going on.

When your procedural fairness letter arrives, explain that. Be honest.

I think I’ve already told someone this before here in the forums somewhere but my brother has first hand experience of the kind of investigation by IRCC that we never thought would happen. People (employed by IRCC) were tasked to go to some of our neighbours in the Philippines to verify that he never lived with his wife before the wife became PR. Since it was true, they were fine and have been living here for a long time.

 

[yengzzkie]

Sounds like you weren’t living together simply to circumvent the requirements. I suspect you’ll have a difficult time proving otherwise.

That is exactly what made me confused. I mean, one of the requirements of being a 'Dependant' is to be single and not in any common law relationship. If I declared that I was in fact in a common-law relationship, I would be even here in Canada right now. Don't know what to do now.

 

[jddd]

That is exactly what made me confused. I mean, one of the requirements of being a 'Dependant' is to be single and not in any common law relationship. If I declared that I was in fact in a common-law relationship, I would be even here in Canada right now. Don't know what to do now.

The point is you needed to be completely HONEST. What’s confusing? If you were indeed common-law then you were not supposed to be declared a dependent. Period. You DO NOT make your answers fit to qualify as dependent. You just need to be 100% honest.

 

[scylla]

That is exactly what made me confused. I mean, one of the requirements of being a 'Dependant' is to be single and not in any common law relationship. If I declared that I was in fact in a common-law relationship, I would be even here in Canada right now. Don't know what to do now.

I can absolutely see this from IRCC's perspective. It doesn't make sense that a couple has a six year old child, are still in a relationship and haven't either gotten married or live together. That's extremely unusual.

Assuming this is what has happened, you'll want to start preparing evidence to prove you live at two completely different residences for all of those years. You'll want to collect things that show your address like bills, bank / credit card statements, employment records, school records, etc.

 

[Buletruck]

So, in essence, you and your mother lied to IRCC so that you could obtain your PR. Chances are your spouse will be refused as he wasn’t declared and you and your mother have put your own PR status at risk.
The fact you wouldn’t be here if you claimed your common law status is the way it was suppose to be. You were not a dependent and not eligible for sponsorship.

 

[yengzzkie]

We didn't lie on my application for PR. I was only 17 years old when my mom applied me for sponsorship. Yes, it took 10 years to get approval. Life happened, I met someone, got a child of our own etc. As per CIC's website, you can be considered a dependent child if:

• they’re under 22 years old, and
• they don’t have a spouse or common-law partner.

'IF' we declared that I am in a common-law relationship, that would make me ineligible as a dependent child.

 

[yengzzkie]

So, in essence, you and your mother lied to IRCC so that you could obtain your PR. Chances are your spouse will be refused as he wasn’t declared and you and your mother have put your own PR status at risk.
The fact you wouldn’t be here if you claimed your common law status is the way it was suppose to be. You were not a dependent and not eligible for sponsorship.

We didn't lie on my application for PR. I was only 17 years old when my mom applied me for sponsorship. Yes, it took 10 years to get approval. Life happened, I met someone, got a child of our own etc. As per CIC's website, you can be considered a dependent child if:

• they’re under 22 years old, and
• they don’t have a spouse or common-law partner.

'IF' we declared that I am in a common-law relationship, that would make me ineligible as a dependent child.