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Procedural fairness, cohabitation/eligibility concerns.

Bexi15

Star Member
Mar 11, 2019
102
59
Category........
FAM
App. Filed.......
08-02-2019
AOR Received.
28-03-2019
Med's Request
12-04-2019
Med's Done....
06-05-2019
Feb 8th inland spousal applicant.
Married 7years and together for 12. Living in Canada together for 6 years.

I recieved a procedural fairness letter yesterday stating the officer has concerns I don't meet the eligibility requirements for sponsorship due to cohabitating concerns.
My husband's letter of employment that we submitted with our application stated my husband was working at a remote site on a 9&5shift at another location in Alberta.
This was a camp based job, and my husband was required to stay at a temporary work camp accommodation while there.
Two weeks after submitting our application my husband quit because he found a job that was back working in the city near where we live and for two months it was but then required more work out of town. We live in Alberta, with the economy right now and my husband's job there is always a chance this can happen.
I understand the officer believes my husband to be still working the 9-5shift with his previous company this whole time and since it's not a requirement to update them of changes to employers during the process we never did as we never considered this to be an issue. At no point to us was the home we own together never considered not to be my husband's residence. He was staying in temporary accommodations for work while working away. He was never at any point maintaining a permanent residence elsewhere.
They have given us 30 days to convince them otherwise and provide any information and evidence we can.
The problem being that while he changed jobs yes it still required some time away for work in May and June. He stopped working for this last company in June as I had an accident and broke my leg and he has been home with me since. Currently waiting to start a new job in town!

We have lived together in Canada for over 5years without my husband ever having to travel out of town for work, typical the one time its necessary it's right when it's apparently a major issue.
We never considered this to be an issue at the time of submitting.

Are we fighting a losing battle by trying to argue our case and providing evidence he was home more then they believe but still away at times. I understand the procedural can take extended amounts of time and still end in being rejected.
Would we be better off pulling our application and resubmitting?

We were expecting to be recieving our DM this week not this. We did actually recieved DM on sponsor side today.