Got Procedural Fairness Letter! HELP PLEASE!!

[next444]

Hello folks,

I’m EE CEC INLAND with non-accompanying spouse. As my CRS score was not high enough to get ITA if I applied with my common law partner. I still claimed him because we had lived together longer than a year. Today I got PFL question about why he’s not accompanying as we’re living together in Canada. He has a study permit and will be applying PGWP when he graduate. Please advise!!

Here’s the letter:
This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concerns regarding your application.
You have provided a Statutory Declaration of common-law union with XXX since January 1, 2017, but you are claiming your spouse as non-accompanying on your application.
To help alleviate my concerns, please provide a detailed explanation as to why your spouse is non- accompanying while you remain living together in Canada.
Therefore I am asking you to submit any additional information/documentation that would allay my concerns. Submissions line available to upload your response. You have 7 days from the date of this letter to submit the additional information using your MyCIC account.
If you choose not to respond with additional information, or if your submission does not allay these concerns, your application may be refused.

 

[Holyange]

What does the letter say?

 

[next444]

What does the letter say?

I just edited it in the post please help!!! Thank you!!!

 

[k.h.p.]

If your spouse is with you in Canada, how do you consider them to be non accompanying? Does your spouse have concrete plans to leave?

 

[next444]

If your spouse is with you in Canada, how do you consider them to be non accompanying? Does your spouse have concrete plans to leave?

My score was not high enough to apply with him together. He wants to stay in Canada with me, but my WP was expiring at that time so I applied first without him.

 

[k.h.p.]

This is the danger of that strategy. He is accompanying you.

You can't say "he's not accompanying me for points" if he's literally in Canada with you and has no plans to leave.

How would he stay in Canada until you had PR and then the next 12 months of applying for spousal PR?

 

[ilovecanada2019]

My score was not high enough to apply with him together. He wants to stay in Canada with me, but my WP was expiring at that time so I applied first without him.

I believe that your reason works only if your non-accompanying is not in Canada. You might wanna seek professional's opinion at this point since you are running out time.

 

[next444]

This is the danger of that strategy. He is accompanying you.

You can't say "he's not accompanying me for points" if he's literally in Canada with you and has no plans to leave.

How would he stay in Canada until you had PR and then the next 12 months of applying for spousal PR?

He has his own study permit till next year and then he can apply for PGWP.

 

[next444]

I believe that your reason works only if your non-accompanying is not in Canada. You might wanna seek professional's opinion at this point since you are running out time.

He has his own study permit till next year and then he can apply for PGWP. He has no rushing getting PR like me...

 

[k.h.p.]

Then try to explain that. But since he's already in Canada with you, expect there to be confusion since he is accompanying you.

You will need to assert that if he doesn't get PGWP he will leave Canada.

 

[ilovecanada2019]

He has his own study permit till next year and then he can apply for PGWP.

If you think that reason is good enough for what the officer is asking you can go ahead but if I were you I would go for a professional option because there are plenty of people who used the same way to boost the scores and I saw at least once in the forum who got a refusal for the same reason. That person also interpreted it same as you did meaning the officer can choose the same reason to refuse your application.

I'm not trying to scare you but you wanna make it sure for everything because it's going to be harder next time.

 

[next444]

If you think that reason is good enough for what the officer is asking you can go ahead but if I were you I would go for a professional option because there are plenty of people who used the same way to boost the scores and I saw at least once in the forum who got a refusal for the same reason. That person also interpreted it same as you did meaning the officer can choose the same reason to refuse your application.

I'm not trying to scare you but you wanna make it sure for everything because it's going to be harder next time.

thank you for your reply I really appreciate it. What reason should I use to convince the VO?

 

[a16107]

Hello folks,

I’m EE CEC INLAND with non-accompanying spouse. As my CRS score was not high enough to get ITA if I applied with my common law partner. I still claimed him because we had lived together longer than a year. Today I got PFL question about why he’s not accompanying as we’re living together in Canada. Please advise!!

Here’s the letter:
This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concerns regarding your application.
You have provided a Statutory Declaration of common-law union with XXX since January 1, 2017, but you are claiming your spouse as non-accompanying on your application.
To help alleviate my concerns, please provide a detailed explanation as to why your spouse is non- accompanying while you remain living together in Canada.
Therefore I am asking you to submit any additional information/documentation that would allay my concerns. Submissions line available to upload your response. You have 7 days from the date of this letter to submit the additional information using your MyCIC account.
If you choose not to respond with additional information, or if your submission does not allay these concerns, your application may be refused.

You got a tough officer here haha ...some people had the same reason like you (higher point) and they are good without questioning.

you may need to provide a timeline of your bf's plan and how you sponsor him in future. E

 

[next444]

You got a tough officer here haha ...some people had the same reason like you (higher point) and they are good without questioning.

you may need to provide a timeline of your bf's plan and how you sponsor him in future. E

Should I mention about the sponsoring him in the future or it’s better not to mention?

 

[a16107]

BTW, can I know which Visa office you have and when is your AOR?