Need an advise, please help PMM and everybody else

[msabarish]

Racoon,
So Sorry to hear about your case. Stay positive, I'm sure things will work out fine. Being refused here doesn't mean the end of the world. Try building your case for re-evaluation. Not sure how much an MP can help, but worth a try. BTW, since you were applying under the common law class, did you in your application mention that you were living together from the time your BF applied for PR in Canada? Or did they find out this information through a background check?

 

[racoon]

Hello msabarish,

That's the bad part, I (myself) sent them the proof that we were living together when he landed, as I tried to collect as many papers as possible =)), I wanted it to be better, but it actually turned out worse =((

I decided to apply through Humanitarian and Compassionate Consideration class. Another 5-6 months of waiting, but oh well, I will still get it , now it is a matter of proving my point to them haha

Cheers, Raccoon (going to war=))

 

[prof456]

We can;t get married right now, because my BF is religious (I am absolutely not). we had 3 people die in 2009 in our families (namely his dad and grandma and my uncle), so according to his (and mine too, although I don;t care as much) religion we should wait for at least a year after that. About our relationship: I am not a touchy feely person, so I rarely talk about this things in general, with the things that happened last year, I talk about it even less. By the way I am getting rebaptized to his branch of the same religion I was baptized in as a child, solely because that's what his family wants (so yes we do have a really genuine relationship). And we thought about the separation and he is Ukrainian finishing his PhD, who speaks perfect Russian, so if worst comes to worst, it is not a big deal for him to move to Russia for a while.
The fact that pisses me off, is that we truly have a genuine relationship, I am an awesome person haha =)) and we were declined based on a small technicality, that's what is so damn frustrating.

Cheers, Raccoon.

PS: to Siouxie: I was thinking about the Canada Experience Class, however it is really hard to get a work permit after you applied for PR (as you showed that you intend to stay).

Are you sure about this? I'd say you qualify for a post grad work permit ifwhen you graduate.

 

[racoon]

Yep, I am pretty sure, I went to CIC today, and the guy there told me that: first, he had never seen anything like that happen before, and second, since I showed that I intend to stay in Canada, I might have problems applying for any temporary resident visas (including post grad work permit). It is a loop.... damn
However, today we also went to our MP office, well first, they had never seen anything like that before =)) and second he said that CIC was wrong in a sense that their website says that I had to be declared at the time my "common law husband" applied of his PR, but the law says at the time of landing. It is a pretty big, misleading discrepancy, so fingers crossed =))

Cheers, Raccoon (back to my old stubborn self)

 

[matthewc]

This is a subtle distinction, but an important one:

Just because you were, at one point, in a common-law relationship with someone, does not mean that you are in a common-law relationship with them now, just because you are living with them now

If the applicant and common-law partner separated, genuinely, and lived apart, before the landing took place, then when the landing happened, they were not in a common-law relationship and so there was not a requirement the ex common-law partner be examined.

This would be hard to prove, because you need to convince CIC (or, more likely the IAD after a refusal) that it was not a dissolution of convenience. However, simply living in a conjugal relationship at the time of landing does not exclude that partner from being sponsored in the future, IF it can be established that at the time of landing they would not have qualified as a dependent common-law partner.

That's a very big if.

 

[PMM]

Hi

Yep, I am pretty sure, I went to CIC today, and the guy there told me that: first, he had never seen anything like that happen before, and second, since I showed that I intend to stay in Canada, I might have problems applying for any temporary resident visas (including post grad work permit). It is a loop.... damn
However, today we also went to our MP office, well first, they had never seen anything like that before =)) and second he said that CIC was wrong in a sense that their website says that I had to be declared at the time my "common law husband" applied of his PR, but the law says at the time of landing. It is a pretty big, misleading discrepancy, so fingers crossed =))

Cheers, Raccoon (back to my old stubborn self)

Nope, the Federal Court has stated in a number of decisions it has to be declared at the time of application and at any time up to the point of "landing"

PMM

 

[racoon]

Hi

Nope, the Federal Court has stated in a number of decisions it has to be declared at the time of application and at any time up to the point of "landing"

PMM

yeah I found it out now =)), but the CIC website states, quote: "your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined" and nothing about landing, I showed it today to the immigration people they said that should be changed, as in fact it is misleading to the public.

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#not_eligible