Conjugal Sponsorship outland - Undeclared dependents and/or partner

[Queeen.14]

Hi everyone, I have few concerns again regarding our app as I read through different posts and threads from this forum. Hoping anyone would be of great help, please.

I have 2 kids from my former (and still, actually, coz I haven't filed for annulment/divorce yet! *NON ACCOMPANYING*) husband, both named after him but in my full custody. We no longer have contact with my ex so I continued on with my life...
My 3rd baby is with my current partner(conjugal; *ACCOMPANYING*), who left for Canada in Sept 2015 as a landed immigrant, declared single & no common-law/conjugal partner. Our child was born in Oct 2015. He sent me an "Affidavit of Acknowledgement of Paternity and Use of Last Name" on Nov 2015, but I have already registered our child on Oct 2015 as an illegitimate child and father's section as UNKNOWN.

In my partner's application forms, he declared our child and not my 2 kids. He passed Sponsorship Eligibility so we're kinda assuming everything is ok in his side, but still wondering on my side...

My questions now:
1. Can/should my partner update his family background in our app - acknowledging my 2 other kids? How can we do so?
2. Could this probably result in the delay of our app? I was wondering if we should act now before they even ask for additional documents.
3. I have sent my own 5-page, notarized Affidavit explaining each and every situation there is to ask, from my previous relationship to present, including the illegitimacy of my youngest child... SHOULD THIS BE ENOUGH?
4. How can he declare our child in all his data in Canada??

Thank you in advance for the response.

 

[Ponga]

So...when he landed in September of last year, he was not your conjugal partner?

Are you sure that you even qualify for a Conjugal sponsorship? If so, what prevents you (or him) from visiting each other?

 

[profiler]

My 3rd baby is with my current partner(conjugal; *ACCOMPANYING*), who left for Canada in Sept 2015 as a landed immigrant, declared single & no common-law/conjugal partner. Our child was born in Oct 2015. He sent me an "Affidavit of Acknowledgement of Paternity and Use of Last Name" on Nov 2015, but I have already registered our child on Oct 2015 as an illegitimate child and father's section as UNKNOWN.

I am wondering about the highlighted bit above. When he landed, were you on his PR documents? Did they examine you?

 

[Ponga]

Hi, Ponga.
From what I understood from her earlier statements in the Manila thread, they are in fact in conjugal relationship even prior to the Sponsor's landing in September 2015.

That's not good.

 

[Queeen.14]

So...when he landed in September of last year, he was not your conjugal partner?

Are you sure that you even qualify for a Conjugal sponsorship? If so, what prevents you (or him) from visiting each other?

I got so confused now to be honest, but to shorten things up, we met in Nov 2011, dated March 2013, but only cohabited from Feb -Sept 2015 when I got pregnant... I can't find any other category that best suits our rel'p. We are from Philippines and I applied and got denied twice for TRV. He visited us last month but it only took him 3 weeks due to work...

 

[Queeen.14]

I am wondering about the highlighted bit above. When he landed, were you on his PR documents? Did they examine you?

No I wasn't in his docs and not examined too. He was actually sponsored by his sister under parents' dependents. They said he couldn't declare me and that they didn't want to make amends with their app coz they were already by their 5th year processing...

 

[scylla]

I got so confused now to be honest, but to shorten things up, we met in Nov 2011, dated March 2013, but only cohabited from Feb -Sept 2015 when I got pregnant... I can't find any other category that best suits our rel'p. We are from Philippines and I applied and got denied twice for TRV. He visited us last month but it only took him 3 weeks due to work...

Are you saying that you only lived together from Feb 2015 to Sept 2015? So you stopped living together in Sept 2015?

 

[Queeen.14]

That's not good.

I think so too But in my Affidavit, and all other supporting documents and declarations, I have clearly stated the reasons behind all these complications. First is my valid marriage from my ex, which btw wasn't supposed to be issued coz he only paid for it! Next, is because of the possible legal complications we might face in the future if I was found guilty of adultery. All of my philippine documents, even my passport says SINGLE, coz I never changed my marital status.

I don't know where to begin anymore...

 

[Ponga]

I got so confused now to be honest, but to shorten things up, we met in Nov 2011, dated March 2013, but only cohabited from Feb -Sept 2015 when I got pregnant... I can't find any other category that best suits our rel'p. We are from Philippines and I applied and got denied twice for TRV. He visited us last month but it only took him 3 weeks due to work...

If he was able to visit you, but chose to leave because of work, that may not be a valid reason for CIC to consider a conjugal sponsorship.

This is from CIC's OP 2 manual:

The conjugal-partner applicant should explain why they have not been able to live continuously with their sponsor for at least one year. In most cases, there will be an immigration impediment to continuous cohabitation (e.g., inability to obtain long-stay visas for one another’s country). Non-cohabitation for purely personal or economic reasons (i.e., did not want to give up a job or studies) does not normally qualify as a sufficient impediment, but should be assessed on a case-
by-case basis. Applicants should be able to provide evidence that they have seriously considered living together as common-law partners. For example, they might have explored options for living together in one another’s country, such as work or study permits, how their occupational skills and qualifications would be
recognized in their partner’s country, visitor visas, long-term visitor status, etc.

 

[Queeen.14]

Are you saying that you only lived together from Feb 2015 to Sept 2015? So you stopped living together in Sept 2015?

Yes because he left for Canada

 

[Queeen.14]

Queen, you were asked in the forms about the conjugal relationship dates, right? What did you actually write in there?

Feb 2015 - Sept 2015

 

[Queeen.14]

If he was able to visit you, but chose to leave because of work, that may not be a valid reason for CIC to consider a conjugal sponsorship.

This is from CIC's OP 2 manual:

The conjugal-partner applicant should explain why they have not been able to live continuously with their sponsor for at least one year. In most cases, there will be an immigration impediment to continuous cohabitation (e.g., inability to obtain long-stay visas for one another’s country). Non-cohabitation for purely personal or economic reasons (i.e., did not want to give up a job or studies) does not normally qualify as a sufficient impediment, but should be assessed on a case-
by-case basis. Applicants should be able to provide evidence that they have seriously considered living together as common-law partners. For example, they might have explored options for living together in one another’s country, such as work or study permits, how their occupational skills and qualifications would be
recognized in their partner’s country, visitor visas, long-term visitor status, etc.

We are not fully aware he could stay longer and that his job is our only source of income at the moment...

Accdg to prvc, he def could've stayed at least 1yr for us to qualify for Common Law, correct?

 

[profiler]

No I wasn't in his docs and not examined too. He was actually sponsored by his sister under parents' dependents. They said he couldn't declare me and that they didn't want to make amends with their app coz they were already by their 5th year processing...

I just want to make sure I have this right...
He is a PR of Canada, by way of being a Dependant of his mother, who was sponsored by his sister under PGP. Does that sound right?

And you were not listed or mentioned in the paperwork that was submitted when he became a PR. Correct?

 

[Queeen.14]

I just want to make sure I have this right...
He is a PR of Canada, by way of being a Dependant of his mother, who was sponsored by his sister under PGP. Does that sound right?

And you were not listed or mentioned in the paperwork that was submitted when he became a PR. Correct?

Yes that is correct. Their app started in 2011, I wasn't in the picture yet But when we started in 2013 and 2015, he didn't make any changes still...

 

[Queeen.14]

So prior to his landing in September 2015, you were in fact in a conjugal relationship, and you were not declared. Are we getting this correctly?

Yes.