H&C Appeal After Spouse Sponsorship Refusal – Seeking Advice

[Janix]

Hi everyone,

I’m posting on behalf of my brother regarding a humanitarian & compassionate appeal after his spouse's sponsorship was refused. Here’s the situation:

• He obtained Canadian PR in 2024 and listed his marital status as “Single” in his PR application.
• He had been in a long-term relationship and later married his partner, but did not declare her as a common-law spouse because, coming from the Philippines, he believed “common-law” required legal marriage.
• IRCC refused the sponsorship because she was not declared in the PR application.

He is now submitting an H&C appeal, highlighting:

1. Genuine relationship: They have been together for years, supported each other emotionally and financially, and maintained commitment despite long-distance periods.
2. Honest misunderstanding: He did not intend to misrepresent anything; he misunderstood Canadian common-law rules.
3. Emotional hardship: Separation and the inability to see each other in person are causing significant stress.
4. Financial & personal stability: He has built his life and employment in Canada; leaving would mean losing everything.
5. Future contribution: His wife has professional skills (pharmacist) that would allow her to contribute to Canadian society, and they hope to build a stable life and family in Canada.

Questions for the forum:

• Has anyone successfully had a spouse sponsorship approved on H&C grounds under similar circumstances?
• How strongly do you think emotional hardship and genuine relationship arguments weigh in H&C cases?
• Any advice on how to best present this to maximize chances of approval?

Thanks so much for any guidance or insights!

 

[scylla]

Hi everyone,

I’m posting on behalf of my brother regarding a humanitarian & compassionate appeal after his spouse's sponsorship was refused. Here’s the situation:

• He obtained Canadian PR in 2024 and listed his marital status as “Single” in his PR application.
• He had been in a long-term relationship and later married his partner, but did not declare her as a common-law spouse because, coming from the Philippines, he believed “common-law” required legal marriage.
• IRCC refused the sponsorship because she was not declared in the PR application.

He is now submitting an H&C appeal, highlighting:

1. Genuine relationship: They have been together for years, supported each other emotionally and financially, and maintained commitment despite long-distance periods.
2. Honest misunderstanding: He did not intend to misrepresent anything; he misunderstood Canadian common-law rules.
3. Emotional hardship: Separation and the inability to see each other in person are causing significant stress.
4. Financial & personal stability: He has built his life and employment in Canada; leaving would mean losing everything.
5. Future contribution: His wife has professional skills (pharmacist) that would allow her to contribute to Canadian society, and they hope to build a stable life and family in Canada.

Questions for the forum:

• Has anyone successfully had a spouse sponsorship approved on H&C grounds under similar circumstances?
• How strongly do you think emotional hardship and genuine relationship arguments weigh in H&C cases?
• Any advice on how to best present this to maximize chances of approval?

Thanks so much for any guidance or insights!

Is he working with a lawyer? If not, he needs to be working with a very good immigration lawyer.