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查看     | 回复 6 Procedure Fairness Letter 真心求助国威新生代和qq大神

sodmg1992

sodmg1992
| 只看楼主
你好各位坛友,

之前一直慕名看了很多帖子,今天发了第一篇帖子确是走投无路的求救贴,实在抱歉,我先介绍一下我的情况吧。

我跟我太太是留学生,从2012年就一直住在一起至今,我太太在2017年通过cec申请取得了PR身份,然而当时她在填表是把她自己列为了single而不是common laws(我们当时真的没有任何的common law的概念,我们认为要么就是single要么married),导致了今天的这个局面。


去年5月,我们结了婚,然后我太太给我递交了移民申请,经过漫长的等待,今天收到了 Procedure Fairness Letter, 以下是详情:


This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Having reviewed your application, I have 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.

Subsection 1(1) of the Immigration and Refugee Protection Regulations states that a common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

According to subsection 124(a) of the Immigration and Refugee Protection Regulations, a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada.

Section 125(1) of the Regulations indicates that a foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

(d) subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

I am not satisfied that you are a member of the Spouse or Common-Law Partner in Canada Class. As you and your sponsor have been cohabiting together since 2012/05/01, you became common-law partners on 2013/05/01. However, when your sponsor became a permanent resident of Canada after this date, she indicated on her Confirmation of Permanent Residence being single and not having any dependants. As such, your sponsor failed to declare you and have you examined for the purposes of immigration, within her application for permanent residence. As a result, you would therefore be excluded from applying for immigration in the family class.

Subsection 72(1)(c) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class.

The onus is on you to satisfy me that you are a member of the Spouse or Common-Law Partner in Canada Class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within thirty (30) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your application.






移民局的观点是因为我太太没有把我列为dependant,所以我不qualified,我也是第一次遇到这种情况,完全不知道怎么处理,请问坛友有类似经历的是怎么处理的?






谢谢大家的帮助

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合瑞移民留学

合瑞移民留学
     2 楼
楼主这种错误完全是没经验所致,其实就是地址的问题而已,没经验不应该自己去做申请。我们之前处理了很多很多这种情况了,都很顺利。

helloon

helloon
|
     3 楼
你只有通过自己移民了。担保移民的路已经堵死

ansibleguy

ansibleguy
     4 楼
好奇怪,既然你们都知道common in law当年你们却不把对方加进去。。。

现在VO是要你们提供充分的证据,以及解释,否则就要gg了。。。

sodmg1992

sodmg1992
| 只看楼主
     5 楼
很复杂,我当时不在太太身边,他自己去办的申请,所以没有注意到这一点

加拿大新生代

加拿大新生代
     6 楼
申请内瞒报家庭成员,被发现之后此成员是不能再被担保的。  无论你们是否有意,事实结果是没法改变的,可以尝试上诉,但成功率有限。
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