pagkakaalam ko and intindi ko eh hindi ka niya pwede kunin kase nagsama kayo ng January 15, 2004 to April 4. 2006 halos 1 year dapat hindi niyo na lang nilagay sa application niyo ung year na nagsama kayo (example sa personal history sana nilagay mo na lang sa year na un sa parents mo pa din ikaw nakatira) kase consider yan as a common law and pag ganyan dapat na declare ka niya sa application niya nung nagapply sya ng permanent residence nung September 23,2009 kase pag nagpply ng permanent residence may sasagutan dun dba na about sa family like parents / brother.sister / child / spouse / common law ang purpose nun eh para sa future pwede makuha ung mga magulang (or kung sino ung nakalagay dun) since hindi ka niya nalagay nung nag apply sya hindi ka niya pwede kunin kahit kasal n kayo kase hindi ka niya na declare as a common law kase nagsama kayo ng halos 1-2years bago sya maging immigrant ok lang sana kung less than 12months ung pagsasama niyo eh or after 2009 kayo nagsama eh kaso before 2009 and bago sya naging immigrant pa kayo nagsama parang nag live-in na tawag dunjl_pamittan said:I received a letter from CEM may problem application ko.
A Preliminary review of your file, based on the information and documentation you have submitted to date, raises concerns that you may not meet the requirements for immigration to Canada.
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.
Paragraph 117(9)(d) of the Immigration and Refugee protection regulations establishes the circumstancesunder which a person may be excluded from the family class, notwithstanding their personal relationship to their sponsor. Specifically, the regulations state:
117(9)(d) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if subject to subsection(10), the sponsor previously made an application for permanent residence and became a permanent residence and at the time of that application, the foreign was a non-accompanying family member of the sponsor and was not examined.
Based on information you have presented to this office you and your sponsor cohabited from January 15, 2004 to April 4. 2006. Since that period is over one year, under the immigration and refugee protection regulations, you and your sponsor would have been common law partners. However from the record on file, your sponsor did not declare you as her dependent, either on her application for permanent residence, or when she obtained permanent residence on September 23,2009. it would appear that you fall within the exclusion established above provision.
Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond to this concern.
If your sponsor can demonstrate that you were declared as a family member and examined at the time of his/her application for permanent residence. it may be possible to proceed with your application. One way of demonstrating that you were declared as a family member would to be to provide a copy of your sponsors application for permanent residence. if you sponsor does not have personal records, he/she may wish to contact representative who might have assisted in their application and retained a copy of their file.
ang way na para macontinue ung application niyo eh ma prove ng sponsor mo na nadeclare ka niya as a common-law nung nagapply sya ng pr need nila ng copy ng application na sinagutan niya dati na andun ka as a common law kung may copy sya nung application niya (napa photocopy ka niya) then un ang ipapass niyo sa immigration para matuloy kung nakakuha sya ng copy and hindi ka nila nadeclare before sya naging pr ang alam ko hindi ka niya pwede kunin kahit kasal pa kayo
