guys help!!procedural fairness letter for non-accompany partner

[Deep161926]

HI EVERYONE,

I meet a big problem and hope you guys can help me out of this. I would be appreciate your any advice

I have received PFL from CIC on September 6, 2019. Just wanted to see if any one has experienced this. Any advice would be appreciated. Below is my time line
CEC Application received on Mar 22,2019
Medical request on May 7, 2019
Procedural Fairness Letter on September 6, 2019

My common law partner and I moved in Canada together on December 29 2017.
Because she holds a student visa, I successfully applied and got an open working visa based on her student visa. Both of ours are valid till June 2020. Thus, before applying CEC, we have already submitted documents to prove our common law relationship and everything went well.

After working a year in Canada, I applied CEC by declaring my partner as a non-accompany partner. I submitted all the documents IRCC needed, but I did not state any reason why i did not take my partner with me to apply EE together.

After waiting about 5 months, I received a procedural letter, the content as flows:


"This refers to your application for permanent residence in Canada.


I'm writing you this letter to express my serious concerns regarding your application. I have concerned that you have incorrectly declare your common law partner as not accompanying and you have not provided any reasons or your intentions are contradictory with the information before me.


It also appears you did not share the same residential address as your claimed common law partner. You were only invited based on Information you declared and an adjustment of your points would mean you would not have been invited in the round of invitation you applied. By declaring your circumstances as you have you gained a material benefit under the act and regulations? please provide all relevant and material Information about why your spouse is considered not to be accompanying you even though they hold a valid temporary resident status to stay in Canada.


Likewise, your current residential address did not match. Please ensure that you update with IRCC any changes in circumstances including address changes.


please provide a new statutory declaration of common law union. IMM 5409.

Proof of cohabitation, no more than 10 pages(utility bills, driver's license insurance documents or policies, mortgage or lease agreement)

I remind you that subsection 41 a of the immigration and refugee protection of I r pa states that a foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to our evidence better that includes or could induce an error in the administration of this act. Therefore I'm asking you to submit any additional Information documentation that would align my concerns. You have a teal September 28 20 19 to submit the additional Information using your MyCIC account

I remind you that subsection 40(1)(a) of the immigration and refugee protection Act IRPA states that a “foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that includes or could induce an error in the administration of this act”.

Therefore I'm asking you to submit any additional Information documentation that would allay my concerns. You have until September 28, 2019 to submit the additional Information using your MyCIC account.

If you choose not to respond with additional Information, or if your submission does not allay these concerns, your application may be refused".

Now I have 30 days to submit any document that may satisfy the officer.
I am preparing my document and explaining letter and thinking how to satisfy my officer:

1) My CRS is higher when I apply CEC with only myself so does the officer think I take advantage of this "loophole" to get invited? I understand I shall state the reason why I did not include my common-law partner with me, which i regret I did not do at the first time. But would the officer believe me now? Is it legal to apply without my common law partner? what the good reasons you guys think? Do I need to provide objective documents, which I think is difficult to find....

2) I don't know why my address did not match my partner's. My partner and I are living together when staying in Canada. However, we move our home 4 months ago. I have already asked my agent to update my address. Still do not know why this happen. I will check with my agent again.

3) I can submit the co-habitation documents(driver's license insurance documents or policies and health card) and I guarantee every document I submitted is true. Is there any chance the officer refuse my case and declare i am inadmissible for misrepresentation just because they do not believe my reason for not take my partner together?

4) anything else you guys think I should add to my submission?

I know it's a very long email, but it's my last shot and I am extremely worried now. Thanks everyone in advance.

Did you get any decision?

 

[rily]

HI EVERYONE,

I meet a big problem and hope you guys can help me out of this. I would be appreciate your any advice

I have received PFL from CIC on September 6, 2019. Just wanted to see if any one has experienced this. Any advice would be appreciated. Below is my time line
CEC Application received on Mar 22,2019
Medical request on May 7, 2019
Procedural Fairness Letter on September 6, 2019

My common law partner and I moved in Canada together on December 29 2017.
Because she holds a student visa, I successfully applied and got an open working visa based on her student visa. Both of ours are valid till June 2020. Thus, before applying CEC, we have already submitted documents to prove our common law relationship and everything went well.

After working a year in Canada, I applied CEC by declaring my partner as a non-accompany partner. I submitted all the documents IRCC needed, but I did not state any reason why i did not take my partner with me to apply EE together.

After waiting about 5 months, I received a procedural letter, the content as flows:


"This refers to your application for permanent residence in Canada.


I'm writing you this letter to express my serious concerns regarding your application. I have concerned that you have incorrectly declare your common law partner as not accompanying and you have not provided any reasons or your intentions are contradictory with the information before me.


It also appears you did not share the same residential address as your claimed common law partner. You were only invited based on Information you declared and an adjustment of your points would mean you would not have been invited in the round of invitation you applied. By declaring your circumstances as you have you gained a material benefit under the act and regulations? please provide all relevant and material Information about why your spouse is considered not to be accompanying you even though they hold a valid temporary resident status to stay in Canada.


Likewise, your current residential address did not match. Please ensure that you update with IRCC any changes in circumstances including address changes.


please provide a new statutory declaration of common law union. IMM 5409.

Proof of cohabitation, no more than 10 pages(utility bills, driver's license insurance documents or policies, mortgage or lease agreement)

I remind you that subsection 41 a of the immigration and refugee protection of I r pa states that a foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to our evidence better that includes or could induce an error in the administration of this act. Therefore I'm asking you to submit any additional Information documentation that would align my concerns. You have a teal September 28 20 19 to submit the additional Information using your MyCIC account

I remind you that subsection 40(1)(a) of the immigration and refugee protection Act IRPA states that a “foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that includes or could induce an error in the administration of this act”.

Therefore I'm asking you to submit any additional Information documentation that would allay my concerns. You have until September 28, 2019 to submit the additional Information using your MyCIC account.

If you choose not to respond with additional Information, or if your submission does not allay these concerns, your application may be refused".

Now I have 30 days to submit any document that may satisfy the officer.
I am preparing my document and explaining letter and thinking how to satisfy my officer:

1) My CRS is higher when I apply CEC with only myself so does the officer think I take advantage of this "loophole" to get invited? I understand I shall state the reason why I did not include my common-law partner with me, which i regret I did not do at the first time. But would the officer believe me now? Is it legal to apply without my common law partner? what the good reasons you guys think? Do I need to provide objective documents, which I think is difficult to find....

2) I don't know why my address did not match my partner's. My partner and I are living together when staying in Canada. However, we move our home 4 months ago. I have already asked my agent to update my address. Still do not know why this happen. I will check with my agent again.

3) I can submit the co-habitation documents(driver's license insurance documents or policies and health card) and I guarantee every document I submitted is true. Is there any chance the officer refuse my case and declare i am inadmissible for misrepresentation just because they do not believe my reason for not take my partner together?

4) anything else you guys think I should add to my submission?

I know it's a very long email, but it's my last shot and I am extremely worried now. Thanks everyone in advance.

1. From the letter, the officer already know the reason why you didn't include your common law in the application. On IRCC website stated very clear you have to include ur common law or spouse unless he/she is PR or Canadian citizenship. On family form you even have to include all your siblings even though they are not accompanying you to come to Canada. You already get the open work permit based on her study permit. They have everything in the system.

2.-3. Use notarize to confirm the address even though IRCC might cancel your work permit too. I don't think they believe in your reason and no matter what she want to emigrate or not you have to declare.

4. Withdraw the application due to your circumstance they will refuse your application. Try to apply PNP to get more points

 

[Deep161926]

1. From the letter, the officer already know the reason why you didn't include your common law in the application. On IRCC website stated very clear you have to include ur common law or spouse unless he/she is PR or Canadian citizenship. On family form you even have to include all your siblings even though they are not accompanying you to come to Canada. You already get the open work permit based on her study permit. They have everything in the system.

2.-3. Use notarize to confirm the address even though IRCC might cancel your work permit too. I don't think they believe in your reason and no matter what she want to emigrate or not you have to declare.

4. Withdraw the application due to your circumstance they will refuse your application. Try to apply PNP to get more points

Can you please share the link where it is mentioned

 

[rily]

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/criteria-comprehensive-ranking-system/grid.html

My bad sorry. You don’t have to declare. When you get ur PR, just sponsored your spouse through family sponsorships.

 

[Deep161926]

I heard two cases only like this

 

[scylla]

Did you get any decision?

Way too early. Decisions take months.

 

[Taytum]

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/criteria-comprehensive-ranking-system/grid.html

My bad sorry. You don’t have to declare. When you get ur PR, just sponsored your spouse through family sponsorships.

Yes, that is true. I have already declared my spouse in my application. Anyway, thanks for your help.

 

[Taytum]

Hi guys~! For the latest update, today I received additional requirement from IRCC for submitting IMM5669 which is known as Schedule A.
Does that mean they accept my explanation and we go over it? I do not have any ideas...hope so...

 

[csadangi]

Hi guys~! For the latest update, today I received additional requirement from IRCC for submitting IMM5669 which is known as Schedule A.
Does that mean they accept my explanation and we go over it? I do not have any ideas...hope so...

It looks like that. Just wait for a few more days to receive a formal response.

 

[Taytum]

It looks like that. Just wait for a few more days to receive a formal response.

Thanks for your attention. Now I have submitted Schedule A, just wait and for good news...

 

[Quorn]

Hello Taytum, any news on your application yet? I hope it turned out well in the end. Regards.

 

[limgi89]

Hi Taytum, is there any update about your application.. im on the same situation. My husband is here also. I got letter to.

 

[canuck78]

Hi Taytum, is there any update about your application.. im on the same situation. My husband is here also. I got letter to.

Al. You can do is tell the truth and hope for the best. Assume you don’t have enough points for him to be listed as accompanying. Is your husband currently working in Canada?

 

[limgi89]

Al. You can do is tell the truth and hope for the best. Assume you don’t have enough points for him to be listed as accompanying. Is your husband currently working in Canada?

Yes he is curently working now and a holder of open work permit..but it's not missrepresentation right? Coz i delared him in the first place. I just didnt include him as accompanying spouse.

 

[canuck78]

Yes he is curently working now and a holder of open work permit..but it's not missrepresentation right? Coz i delared him in the first place. I just didnt include him as accompanying spouse.

No if you declared him as non-accompanying it is not misrepresentation.