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

[zt2018]

So you wife, who is your sponsor and needs to provide you with everything during the sponsorship process and 3 years after the PR is granted no matter what happens in your and her life, was not able to provide neither for herself nor for you and had to seek her relatives assistance for a period of almost 2 years.
The only reason PR is granted under family sponsorship program is for 2 people to be together. You had this opportunity, but you chose to live separately from your wife and your newborn child.
Even if we are not going into discussion of the legal issues, i.e. what constitutes cohabitation, what constututes separation (1 day? 1 week ? 1 month? 1 year?), do you see how this situation looks like in the eyes of IRCC officers?

 

[Attak]

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.

Ok Thank you. So where I send the appeal to? is it directly to the court or to Immigration Board in respect of this particular class(Inland spouse application)

 

[scylla]

Ok Thank you. So where I send the appeal to? is it directly to the court or to Immigration Board in respect of this particular class(Inland spouse application)

You have to appeal to the Federal Court. This the only option for an inland application. You will need to hire a lawyer to file.

 

[canuck_in_uk]

Ok Thank you. So where I send the appeal to? is it directly to the court or to Immigration Board in respect of this particular class(Inland spouse application)

As said above, you have to appeal to the Federal Court. This will cost thousands of dollars and could drag on for years. They will only make a decision on whether the law was correctly applied. They will NOT consider your explanation. You were correctly refused, so expect it to be a complete waste of time and money.

Just reapply and this time, meet the requirements.

 

[Attak]

So you wife, who is your sponsor and needs to provide you with everything during the sponsorship process and 3 years after the PR is granted no matter what happens in your and her life, was not able to provide neither for herself nor for you and had to seek her relatives assistance for a period of almost 2 years.
The only reason PR is granted under family sponsorship program is for 2 people to be together. You had this opportunity, but you chose to live separately from your wife and your newborn child.
Even if we are not going into discussion of the legal issues, i.e. what constitutes cohabitation, what constututes separation (1 day? 1 week ? 1 month? 1 year?), do you see how this situation looks like in the eyes of IRCC officers?

Please it seems you have not followed my earlier submission. My wife is a Canadian citizen, we got married in January 2017 outside Toronto but within the province of Ontario. My wife moved from her parent house to live with me in Toronto right after we got married, whiles we were living together my wife got pregnant, she could not cope with the job because of first time pregnancy .At that time I have not been given permit to work as they said I am out of status. My wife lost her Job and didnt qualify for employment insurance, where we were living was a small unit in the name of my cousin and so given that my wife was heavily pregnant with no job, it was apparent that we need assistance from parent. In December 24, 2017 we moved to stay at my wife parent apartment so she could deliver and have ease of commuting for doctors appointment, immunization and baby classes. As the parent apartment was not a place of our marital home, it didn`t allow me to stay there continuously until completion of the post natal activities. We decided as a couple, I should commute between Toronto and parent place from time to time.All these while, we continue to see each other either in Toronto or the parents place. On daily basis we were chatting on phone especially when I am not with my wife and baby. My wife completed all the baby immunization programmes and move to live with me in the month of November 5, 2019. We were called for interview on the 19th November 2019. At the interview my wife mistakenly show two pieces of her ID one bearing Toronto address and One bearing Windsor address. The officer questioned her and she gave explanation that she needed to stay with the parent during the time of delivery and other immunization programme for the baby but she has completed and she is back in Toronto with her husband. This explanation with other supportive document were presented but the Officer simply ignore all of them and concluded that we are living separate and apart in two different cities in Canada and so we do not meet the requirement of R124(a). This is the only reason for refusal.

 

[Attak]

As said above, you have to appeal to the Federal Court. This will cost thousands of dollars and could drag on for years. They will only make a decision on whether the law was correctly applied. They will NOT consider your explanation. You were correctly refused, so expect it to be a complete waste of time and money.

Just reapply and this time, meet the requirements.

Oh Ok thank you for the advise so we cannot go through the Immigration Appeal Board

 

[Attak]

As said above, you have to appeal to the Federal Court. This will cost thousands of dollars and could drag on for years. They will only make a decision on whether the law was correctly applied. They will NOT consider your explanation. You were correctly refused, so expect it to be a complete waste of time and money.

Just reapply and this time, meet the requirements.

If we reapply do I still have to leave Canada. They have issued me a voluntary Departure Confirmation order.

 

[zt2018]

Please it seems you have not followed my earlier submission. My wife is a Canadian citizen, we got married in January 2017 outside Toronto but within the province of Ontario. My wife moved from her parent house to live with me in Toronto right after we got married, whiles we were living together my wife got pregnant, she could not cope with the job because of first time pregnancy .At that time I have not been given permit to work as they said I am out of status. My wife lost her Job and didnt qualify for employment insurance, where we were living was a small unit in the name of my cousin and so given that my wife was heavily pregnant with no job, it was apparent that we need assistance from parent. In December 24, 2017 we moved to stay at my wife parent apartment so she could deliver and have ease of commuting for doctors appointment, immunization and baby classes. As the parent apartment was not a place of our marital home, it didn`t allow me to stay there continuously until completion of the post natal activities. We decided as a couple, I should commute between Toronto and parent place from time to time.All these while, we continue to see each other either in Toronto or the parents place. On daily basis we were chatting on phone especially when I am not with my wife and baby. My wife completed all the baby immunization programmes and move to live with me in the month of November 5, 2019. We were called for interview on the 19th November 2019. At the interview my wife mistakenly show two pieces of her ID one bearing Toronto address and One bearing Windsor address. The officer questioned her and she gave explanation that she needed to stay with the parent during the time of delivery and other immunization programme for the baby but she has completed and she is back in Toronto with her husband. This explanation with other supportive document were presented but the Officer simply ignore all of them and concluded that we are living separate and apart in two different cities in Canada and so we do not meet the requirement of R124(a). This is the only reason for refusal.

I read your original post you described your situation very clear.
Your separation was caused by your sponsor's inability to take care of herself and you. It was your joint decision not to live together after the baby was born. This resulted in the refusal. You should be glad that it is the only reason for the refusal.
Do not waste your time for appeal and reapply and hope that IRCC does not start asking questions about why it was so important for you to leave your wife and the newborn and live in Toronto and what you were doing there without a valid work permit.

 

[canuck_in_uk]

If we reapply do I still have to leave Canada. They have issued me a voluntary Departure Confirmation order.

If you have been issued a Departure Order, you need to leave. Otherwise, it will turn into a Deportation Order.

 

[Attak]

I read your original post you described your situation very clear.
Your separation was caused by your sponsor's inability to take care of herself and you. It was your joint decision not to live together after the baby was born. This resulted in the refusal. You should be glad that it is the only reason for the refusal.
Do not waste your time for appeal and reapply and hope that IRCC does not start asking questions about why it was so important for you to leave your wife and the newborn and live in Toronto and what you were doing there without a valid work permit.

They asked this question to me and I explained that the parent apartment wasn't something that could contain all of us for the period that my wife was living there and so I was living in Toronto our marital home and with the support of my family abroad as I have not been working and do not pay rent because the place was for my cousin, he asked us to live there until we are able to find accommodation of our own unfortunately my wife could not cope with Job and pregnancy and I was not given work permit. We explained our circumstances honestly to the Officer and she made a remark that we have been honest but she was sorry she had to apply the law 124(a). So is not that we have not been living together since we got married. There was a temporary stay at the parent apartment just because of the baby and our circumstances at that particular point in time. So I believe the officer ought to have consider all other evidences especially my trips and video chattings, and wassup chattings besides we supplied Joint Bank account, Bills in both our names. It is unfortunate we are not lucky and strongly believe the officer decision is not a true position of the law.

 

[Attak]

If you have been issued a Departure Order, you need to leave. Otherwise, it will turn into a Deportation Order.

Yes I am aware of that but I cannot leave my 18months old child just like that. There must be a way out for me. It is very painful experience for us as a family simply because my wife stay to have a baby with parent apartment and same could not contain both us as I had to forcibly commute from Toronto to my parent place to see my baby.We are now living together now but now I am face with this departure order

 

[Buletruck]

Yes I am aware of that but I cannot leave my 18months old child just like that.

You may not have a choice....once the departure order rolls over into a deportation order, CBSA will issue an immigration arrest warrant. At that time you become inadmissible to Canada, and any future application is going to become far more complicated. I'd suggest getting a new application in and forget the judicial review. The JR will only consider if the decision is valid in law, and not the "other" considerations you are hoping it will.

 

[canuck_in_uk]

They asked this question to me and I explained that the parent apartment wasn't something that could contain all of us for the period that my wife was living there and so I was living in Toronto our marital home and with the support of my family abroad as I have not been working and do not pay rent because the place was for my cousin, he asked us to live there until we are able to find accommodation of our own unfortunately my wife could not cope with Job and pregnancy and I was not given work permit. We explained our circumstances honestly to the Officer and she made a remark that we have been honest but she was sorry she had to apply the law 124(a). So is not that we have not been living together since we got married. There was a temporary stay at the parent apartment just because of the baby and our circumstances at that particular point in time. So I believe the officer ought to have consider all other evidences especially my trips and video chattings, and wassup chattings besides we supplied Joint Bank account, Bills in both our names. It is unfortunate we are not lucky and strongly believe the officer decision is not a true position of the law.

You just refuse to actually understand, saying the officer's decision was "not a true position of the law". The officer correctly interpreted the law and made the correct decision to refuse as per that law. It didn't matter why you didn't live together and the officer was not allowed to consider your excuses. The basic requirement of inland is living together. You don't get a pass from that when everybody else has to follow the rule.

You and your spouse should have made alternate arrangements to continue to live together.

 

[Attak]

You just refuse to actually understand, saying the officer's decision was "not a true position of the law". The officer correctly interpreted the law and made the correct decision to refuse as per that law. It didn't matter why you didn't live together and the officer was not allowed to consider your excuses. The basic requirement of inland is living together. You don't get a pass from that when everybody else has to follow the rule.

You and your spouse should have made alternate arrangements to continue to live together.

You are giving an Objective opinion but I have a strong believe there must be a way out. And so thank you for your time explaining in details now I would seek legal advise as well and see how best to approach this problem. But going home abroad is too much unbearable for us as a family.

 

[canuck_in_uk]

You are giving an Objective opinion but I have a strong believe there must be a way out. And so thank you for your time explaining in details now I would seek legal advise as well and see how best to approach this problem. But going home abroad is too much unbearable for us as a family.

That's the thing. I am not giving an objective opinion, just like the visa officer who refused you didn't give an objective opinion. It's immigration law.