My wife got a Procedural Fairness letter 2 months ago, she replied, almost right away but no answer yet and I want to know what route to take in case our INLAND Apllication is rejected. Should we move to Outland which is quicker ? My wife has been living with me in Canada for 19 months continuously and she has a 10 year tourist visa to Canada, an OWP due Dec 2020, a SIN and a provincial health card. Will she loose these privileges she obtained from the INLAND application or will the VO let them have validity until Dec 2020 so we can apply for OUTLAND and she can remain living with me? Thanks very much for your advice.
Procedural Fairness
- Thread starter Restrec
- Start date
I guess the vital information people here need to make an educated guess/advice is why a procedural fairness letter was given. Is it about misrepresentation and a 5 year ban is possible?
It can take several months to get a response to the PF letter. What was the reason why it was received? Generally OWPs remain valid even if the application is canceled. But depending on the reason for the PF letter, always some chance the outcome could be different.
Yes you are right. The PF letter says that we did not comply with the 12 month living together at the moment the application was sent. We responded this way:
Dear officer:
You are right about your concerns. Since me and my sponsor did all the paperwork, we got confused with point 7 of the Checklist where it says “Reminder: To apply under the Spouse or Common in Law Partner in Canada Class, you must be living with your sponsor in Canada. If you are applying under the Family Class, you need to show you previously cohabitated in a common-law relationship for a minimum of 12 months.” Reading this we thought the 12-month requirement applied to the Family Class only. In that sense we thought that showing proof of a binding relationship from February 1,2017 to October 3, 2017, when I was in Colombia, plus the actual proofs of living together in Canada from October 2017 to May 2018 would be enough. It was a mistake in good faith in all honesty. It would have been more appropriate for us to wait until October 2018 to start the sponsorship application and not May 2018. We apologize for that. My sponsor was passing a difficult time trying to make his divorce happen, which he finally got from the Courts in October 2018 (attached) so we could get married. The process took 20 months but as soon as the divorce came out, we married in November 10, 2018 and sent The Certificate of Marriage to CIC on November 29, 2018 once it was registered. We were eager to send this important proof, so copy of the Web Form we sent to CIC last year is attached for you to verify. We could have married in Canada many months before if the divorce had resulted earlier, even as early as April or May 2017. Important to note that I knew Carlos since 1974 as my letter explains.
So right now, as you are requesting, we are attaching documentation after the application was submitted to the present hoping you can change the status from common-law to married and get me approved, so we don’t have to apply once more. One more year would be very painful for us since we still have both of our ailing mothers alive at 91 and 93 years of age in our country wanting to see us probably for the last time. In total we have been cohabitating together in Canada for 17 months now. Attached are:
1. Copy of my first visitor visa extension arriving to my address in Calgary starting May 5, 2018.
2. Copy of my Travel insurance with coverage from June 19 to Sep 20, 2018
3. Copy of my Travel insurance from September 23 to December 24, 2018
4. Copy of my Work Permit arriving to my address in Calgary starting October 20, 2018
5. Copy of my Social Insurance number obtained in October 22, 2018
6. Copy of Alberta Health card 25851-6091 arriving shortly after that.
7. Copy of my photo ID 0869-63725 obtained October 25, 2018 showing my address in Calgary.
8. Copy of TD Canada Trust bank joint account with my husband opened October 22, 2018.
9. My husband’s Certificate of Divorce from previous wife obtained October 26, 2018.
10. Certificate of Marriage done November 10, 2018.
11. Copy of Web Form sent to CIC on November 29, 2018, informing of our marriage plus CIC confirmation of reception.
12. Results of mammogram done on me on November 2, 2018
13. Medical prescription from my family physician dated January 23, 2019 showing my address.
14. Dentist appointment showing my address, done March 6, 2018.
15. TD Canada Trust bank account statement for the month of March 2019. Also, my husband’s statement which has the same movements as it is a joint account.
16. My Notice of Assessment for 2018 and first page of my T1 return showing we are married.
Yours truly,
Applicant name (my wife)
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Ok, so it isn’t misrepresentation from what you described. It is just that you did not qualify for common-law before you applied , at least that is what I got from your reply.
Legally, the officer can refuse you but if you are lucky, there is a chance they approve it basing on the fact that you are now married. Let us hope for the latter. For now, the OWP remains valid and so does the SIN and health card connected to it.
Legally, the officer can refuse you but if you are lucky, there is a chance they approve it basing on the fact that you are now married. Let us hope for the latter. For now, the OWP remains valid and so does the SIN and health card connected to it.
Hi thanks for sharing
I wonder the PA sent the inland application before of after her sponsor’s divorce finalized ?
I could imagine it must be a hard situation. When did you send the response to PFL? Did you hire an attorney for your case?
The divorce isn't the issue. They applied as common-law but hadn't lived together for a year.
Louman64
Hero Member
- Sep 22, 2016
- 104
- Category........
- FAM
- App. Filed.......
- 10-04-2019
- Doc's Request.
- No news yet
Exactly what happened to me ....common law sponsorship did not cohabitate for 1 year ....PFL ..denied and then filed for appeal ..and they said withdraw the appeal get married and file again..
Longroadtoimmigration
Hero Member
- Sep 19, 2018
- 99
- App. Filed.......
- September 19th 2018
- Interview........
- I rebuke it ijn
- LANDED..........
- I shall testify
Your app may be refused depending on the officer. You can reapply inland since you have all it takes to stay in Canada legally.
But this time as married not common law .
But this time as married not common law .
Today we received a Refusal letter from CIC. We did not show 12 months of cohabitation when the application was sent and although today we complete 21 months of cohabitation they still refused us. Not even the marriage certificate we sent in Nov 2018 made any effect. It took 4 extra months for them to issue the refusal but there is nothing to do other than re-apply. We will do that after we go to Colombia for a month and visit our friends and ailing mothers who are 92 and 94 years old. Then when we are back we plan to apply Inland again but this time as married. This way the OWP and health benefits I have that are valid until Oct 2020 will help us move forward.The question is: when we come back from Colombia will the officer let me enter Canada with no problem ? My tourist visa expires in 2025.
It should not have any problem, but also, there will be always a possibility that you will be refused to entry.
Yes she could be refused when coming back to Canada. She should get a return ticket. Unsure if she gets to keep the OWP and health coverage. You would think she does . The health coverage depends on marriage in some places and in others it requires you to show work for 6 months. When does her OWP expire?