Inland spouse sponsorship denied. Please help.

[MaryZion]

I am new here and I wish to thank you in advance for your responses, suggestions and ideas.

I applied to sponsor my husband for a PR under the spouse and common law partner class.
We sent application in June 2017, and we received a final decision last week that he application is denied.
The reason stated is that he does not meet the requirements for immigrating to canada.
They further quote Subsection 12(1) of Immigration and REfugee Protection Act and also Subsection 125(1)(d) Immigration and refugee protection Regulation which state that I (as sponsor) previously made an application for PR and became PR and at the time of my own application my husband was not examined.
I am perplexed and very confused. I did not omit this information intentionally. I did not even know how I could add a common law partner AND a spouse in the same application.
At the time I was applying to immigrate (skilled worker), I was still legally married to my ex-husband. I had filed for divorce, but the final divorce decision only came after I have landed and become PR in canada. Therefore, all through the application, I put my then-spouse's name and not my current husband, with whom i have been in an on and off relationship for a very long time. ( I knew him and we dated on and off, broke up, came back together, broke up, married different people, I have two children), divorced and finally found back together.
The immigration officer does not doubt our marriage, rather, he points that my husband should have been examined 8years ago when I applied and immigrated to canada.

I am completely devastated. We have 2kids and I have been able to work full time because of him being here and being supportive and taking part care of our children. He has been asked to leave voluntarily. It is so hard to be a single parent. I cannot imagine how I will do it with the kids and him gone. What options should we pursue? I have some threads advising not to try to fight the decision. He still has OWP status for another couple of months.
Is there any other way he can remain in the country? It is a complete hardship situation for myself and the children if he leaves.

Please let me know your thoughts and suggestions.
I appreciate all replies.

Thank you so much.

 

[scylla]

I am new here and I wish to thank you in advance for your responses, suggestions and ideas.

I applied to sponsor my husband for a PR under the spouse and common law partner class.
We sent application in June 2017, and we received a final decision last week that he application is denied.
The reason stated is that he does not meet the requirements for immigrating to canada.
They further quote Subsection 12(1) of Immigration and REfugee Protection Act and also Subsection 125(1)(d) Immigration and refugee protection Regulation which state that I (as sponsor) previously made an application for PR and became PR and at the time of my own application my husband was not examined.
I am perplexed and very confused. I did not omit this information intentionally. I did not even know how I could add a common law partner AND a spouse in the same application.
At the time I was applying to immigrate (skilled worker), I was still legally married to my ex-husband. I had filed for divorce, but the final divorce decision only came after I have landed and become PR in canada. Therefore, all through the application, I put my then-spouse's name and not my current husband, with whom i have been in an on and off relationship for a very long time. ( I knew him and we dated on and off, broke up, came back together, broke up, married different people, I have two children), divorced and finally found back together.
The immigration officer does not doubt our marriage, rather, he points that my husband should have been examined 8years ago when I applied and immigrated to canada.

I am completely devastated. We have 2kids and I have been able to work full time because of him being here and being supportive and taking part care of our children. He has been asked to leave voluntarily. It is so hard to be a single parent. I cannot imagine how I will do it with the kids and him gone. What options should we pursue? I have some threads advising not to try to fight the decision. He still has OWP status for another couple of months.
Is there any other way he can remain in the country? It is a complete hardship situation for myself and the children if he leaves.

Please let me know your thoughts and suggestions.
I appreciate all replies.

Thank you so much.

At the time you landed in Canada and became a PR, had you and your current husband lived together for at least one year continuously?

 

[MaryZion]

At the time you landed in Canada and became a PR, had you and your current husband lived together for at least one year continuously?

We lived together on and off. Visiting mostly. Longest time we possibly lived together could have been 9months, maybe 1 year. I don't remember. It has been almost 10years now. I was never thinking of such a thing so I don't recall exactly. In our statements during the application, my husband wrote that we lived together for about 1year. We were being honest and truthful in our application. I had no reason to omit him if I understood what that meant. He had no illegal status, he has no criminal record, nothing. It is very frustrating to me.

 

[MaryZion]

At the time you landed in Canada and became a PR, had you and your current husband lived together for at least one year continuously?

I forgot to say thank you for taking time to reply.
I'm just overwhelmed by it all so please forgive that. Thank you.

 

[MaryZion]

Also, there is a statement in the refusal letter that I don't quite understand. In their letter, the IRCC write: "Please note that the refusal to process your application from within Canada does not affect your right to apply from abroad. Any future applications will be subject to the cost recovery and regulatory requirements in effect at that time."

I am baffled at the first part of the statement. How is applying from abroad different from applying within Canada? Will they not still say that my husband should have been examined? I mean, if it is a possibility that we can now submit an outland application with a different outcome, then we will be happy to do so.

Thoughts? Experiences in this? Suggestions?

Many thanks.

 

[scylla]

We lived together on and off. Visiting mostly. Longest time we possibly lived together could have been 9months, maybe 1 year. I don't remember. It has been almost 10years now. I was never thinking of such a thing so I don't recall exactly. In our statements during the application, my husband wrote that we lived together for about 1year. We were being honest and truthful in our application. I had no reason to omit him if I understood what that meant. He had no illegal status, he has no criminal record, nothing. It is very frustrating to me.

If in the application he said that you lived together for around a year before you came to Canada - that's quite possibly the big source of the problem. Once you have lived together for a year, you are classified as common law and that person must be declared in the application. It's quite possible to still be married to someone and be in a common law relationship with someone else (like in your case where a divorce was underway).

Anyway - it's a complicated situation. I would do as follows:
- If you are thinking of appealing, hire a good lawyer asap and meet with them to discuss.
- Order your GCMS notes to see the detailed reasons behind the refusal. This should give you more insights. Notes will take around 30 days to arrive.
- Has your husband looked into any of the economic immigration programs? Any chance he would qualify to apply on his own through one of those?

 

[scylla]

Also, there is a statement in the refusal letter that I don't quite understand. In their letter, the IRCC write: "Please note that the refusal to process your application from within Canada does not affect your right to apply from abroad. Any future applications will be subject to the cost recovery and regulatory requirements in effect at that time."

I am baffled at the first part of the statement. How is applying from abroad different from applying within Canada? Will they not still say that my husband should have been examined? I mean, if it is a possibility that we can now submit an outland application with a different outcome, then we will be happy to do so.

Thoughts? Experiences in this? Suggestions?

Many thanks.

This means that the inland refusal does not prevent you from applying outland. You'll still have the same issue you do now if you apply outland. Unfortunately applying outland won't magically fix anything.

 

[canuck78]

Would be helpful if you put a chronological list of when you applied for PR, landed, got married and divorced. Was your husband already in Canada and what was his status. It is hard to get the true picture.

 

[KuroNeko26]

What ended up happening with your case?