Procedural Fairness Letter-

[Louman64]

You are not common-law and your app will be refused.

The only possible way I can see to salvage the situation would be to marry ASAP and ask IRCC to process the app as married instead of common-law. They may accept that and continue processing the app or they may refuse it anyways and you would then need to reapply.

i was married in the philippines but now divorced in canada... i can only get married outside of the philippines

 

[Louman64]

You aren't answering the question. What information did you send them? Have you been living together a year since your breakup? I suspect not since you got this letter...

I am the sponsor and they send that letter to my spouse... IRCC wants her to submit a letter to explain our situation so she made the letter explaining and asking for reconsideration to have our family reunited

 

[Rob_TO]

By the way ... we lived together for almost seven years and had 1 kid but we seperated for about 3 years but now we settled our differences ... been back to manila 4 times already and we had another child

Any time you spent living together before your 3 year breakup is irrelevant. You would need to have re-established your common-law relationship by living a new 12 months together after getting back together.

It would be the same as if a married couple got a divorce, then got back together again but didn't get married. They would not be considered married again, until they went through the legal process again of getting married. Living together 12 months for common-law is the same thing.

Having children together does nothing to help in defining cohabitation rules for it to be a legal common-law relationship.

As mentioned you should prepare for your app being rejected. If you can go and get married to your partner, you should do that. Else you'll need to find a way to live together for 1 year. If none of these are possible (i.e. if your partner is married and can't get divorced in Philippines), then you can possibly consider a conjugal application.

 

[Louman64]

Thank you for all your advise ... I guess well just wait for the denial letter and appeal

 

[canuck_in_uk]

Thank you for all your advise ... I guess well just wait for the denial letter and appeal

You will have no grounds on which to appeal, as the app will be correctly refused under the law. You do not qualify as common-law.

 

[mikeymyke]

You cant really appeal, as an appeal basically means "Your decision to refuse was wrong and I have proof of that", not "Im sorry for my mistake please give me another chance "

 

[Rob_TO]

Thank you for all your advise ... I guess well just wait for the denial letter and appeal

Will be a huge waste of time and money, ultimately to most likely end in rejection after several years of waiting.

Save yourself the aggravation and go to a 3rd country with your partner, get married, and apply from scratch as a married couple. Will be so much better and easier vs appealing your current situation.

 

[Louman64]

thank you all

 

[Virgo29]

Thank you for all your advise ... I guess well just wait for the denial letter and appeal

Hello, just wondering what happened to your application? I also got a Fairness letter and now waiting for the decision thanks

 

[Calm2019]

thank you all

Hi what happened on your application?

 

[Calm2019]

Hello, just wondering what happened to your application? I also got a Fairness letter and now waiting for the decision thanks

Hi what happened on your application?

 

[Louman64]

Hi what happened on your application?

Hi It was denied after the interview

 

[Calm2019]

Sorry to hear that are planning to reapply?