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Question regarding previous common law application

Kiddy1993

Newbie
Nov 17, 2023
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I had applied for a common law application in 2021 which was withdrawn by my
Partner due to some errors in the application.We had received 2 letters with the same date from IRCC one for the sponsor (my partner) which states the application was withdrawn. I, PA received the letter which states below


I have completed the assessment of your application for permanent residence under the Spouse or Common-Law Partner in Canada Class. I have determined that you do not meet the requirements for immigration to Canada under this class.


Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.


Section 126 of the Immigration and Refugee Protection Regulations states that a decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.


We received correspondence from your sponsor requesting to withdraw his/her sponsorship application on 2020/11/16. As a result, I am not able to make a decision on your application. Your application has been closed and no further processing will take place. This office cannot provide you with any additional information about the withdrawal of the sponsorship.


Note that if processing commenced on your application prior to the instruction to withdraw, the processing fee can no longer be refunded. The Right of Permanent Residence fee, if already paid, is refundable. The Biometrics fee is only refundable if you or your applicable dependents) have not previously enrolled for this service. All refunds will be processed within six to eight weeks and will be issued to the payee. If the fee was paid by credit card, it will be credited back to the credit card account. Otherwise, a cheque will be mailed to the payee's address in approximately six weeks to eight weeks.


Thank you for the interest you have shown in Canada.”

Someone who I know said this was actually a refusal letter. But I received the $1060 government fee back which I had paid. I’m so confused. Is it a refusal letter for common law or is it just a generic withdrawal letter which PA receives?
 

armoured

VIP Member
Feb 1, 2015
15,487
7,887
I had applied for a common law application in 2021 which was withdrawn by my
Partner due to some errors in the application.We had received 2 letters with the same date from IRCC one for the sponsor (my partner) which states the application was withdrawn. I, PA received the letter which states below


I have completed the assessment of your application for permanent residence under the Spouse or Common-Law Partner in Canada Class. I have determined that you do not meet the requirements for immigration to Canada under this class.

Section 126 of the Immigration and Refugee Protection Regulations states that a decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.

We received correspondence from your sponsor requesting to withdraw his/her sponsorship application on 2020/11/16. As a result, I am not able to make a decision on your application.
...
Someone who I know said this was actually a refusal letter. But I received the $1060 government fee back which I had paid. I’m so confused. Is it a refusal letter for common law or is it just a generic withdrawal letter which PA receives?
I do not read this as a rejection but just as it says - a notification that you would have been rejected had the sponsorship not been withdrawn.

So there has been no record of a decision (of rejection) recorded. Doesn't mean they haven't retained notes about what the basis for that rejection would have been.

I do not think this is a generic withdrawal letter.

Caveat, this is just my interpretation; I don't know exactly how they handle such things although the language seems clear.

I don't have more information, and you didn't provide much. Your spouse should order gcms notes and see what is there before you re-apply - I do not know if that will work for a file this old. You may wish to consult a lawyer. If you know enough about your file that you have an idea what the reasons are, well, speak to a lawyer or figure it out yourself.

You don't say why you are asking but if you plan to re-apply, or apply for some other type, I would be cautious.

For example - if you are asking because you want to know if you need to disclose this as a 'rejection', I'd caution that it is VERY much in your interests to disclose this. They know about the withdrawn application and you do not want to play with semantics about whether or not this constitutes a rejection. You can just say you withdrew and you received correspondence from IRCC indicating that you did not meet the requirements but no decision was made because withdrawn. You could cite the text direclty or include a copy of the correspondence. If you are not comfortable or uncertain - hire a lawyer. You could make things worse if you try to play amateur lawyer here. Disclosure is in your interests.

All this, of course, only my opinion.
 
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