My partner (Vietnam) and I (Canadian) have just received a refusal to his PR application and the primary reasons are:
"Based on the information provided, you do not meet the definition of a member of the family class (conjugal partner) because you did not satisfy me that common-law partner status or marriage was not possible for you and your sponsor. I have also considered other factors in assessing your conjugal relationship, such as efforts to live in the same country, evidence of applying for visas to cohabit, financial interdependence and the social aspects of your relationship.
Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. I am therefore refusing your application."
A little bit of background info: I went through this process 20 years ago (2002) with another partner, at that time it was under Humanitarian and Compassionate grounds. Prior to that, I was previously married to a woman, we physically separated in 1998 but didn't legally separate until 2008, and we never finalized the divorce. My marital status was not an issue at that time during that PR application.
Our current relationship began almost 3.5 years ago, and at the time I was spending 5-7 months each year in SE Asia. Prior to Covid, we lived together in VN first for 2.5 months, then later, another 7 months, then Covid arrived, VN stopped issuing tourist visas and I returned to Canada, unable to return there since.
Unfortunately for us, I am only understanding now how much things have changed in the immigration process regarding conjugal partners since my first experience with this 20 years ago. Also, prior to our recent application, I never bothered to get my partner to apply for a TRV, knowing the futileness of that, with his particular situation, but NOT understanding, until now, the significance of not having done that, and the associated requirement to demonstrate all efforts to live together in the same country.
Based on what I now know, I am convinced that any appeal is pointless.
I realize now, my first next step needs to be to finalize my divorce. After that, I'm really wondering what direction we should proceed.
"Based on the information provided, you do not meet the definition of a member of the family class (conjugal partner) because you did not satisfy me that common-law partner status or marriage was not possible for you and your sponsor. I have also considered other factors in assessing your conjugal relationship, such as efforts to live in the same country, evidence of applying for visas to cohabit, financial interdependence and the social aspects of your relationship.
Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. I am therefore refusing your application."
A little bit of background info: I went through this process 20 years ago (2002) with another partner, at that time it was under Humanitarian and Compassionate grounds. Prior to that, I was previously married to a woman, we physically separated in 1998 but didn't legally separate until 2008, and we never finalized the divorce. My marital status was not an issue at that time during that PR application.
Our current relationship began almost 3.5 years ago, and at the time I was spending 5-7 months each year in SE Asia. Prior to Covid, we lived together in VN first for 2.5 months, then later, another 7 months, then Covid arrived, VN stopped issuing tourist visas and I returned to Canada, unable to return there since.
Unfortunately for us, I am only understanding now how much things have changed in the immigration process regarding conjugal partners since my first experience with this 20 years ago. Also, prior to our recent application, I never bothered to get my partner to apply for a TRV, knowing the futileness of that, with his particular situation, but NOT understanding, until now, the significance of not having done that, and the associated requirement to demonstrate all efforts to live together in the same country.
Based on what I now know, I am convinced that any appeal is pointless.
I realize now, my first next step needs to be to finalize my divorce. After that, I'm really wondering what direction we should proceed.
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