So then unfortunately your chances are not good since your wife failed to declare you in her application before landing. Generally speaking, IRCC holds the applicant responsible. There's always some chance and it is good you are working with a lawyer. Good luck.
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Procedural Fairness Letter
- Thread starter niks_
- Start date
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So then unfortunately your chances are not good since your wife failed to declare you in her application before landing. Generally speaking, IRCC holds the applicant responsible. There's always some chance and it is good you are working with a lawyer. Good luck.
Thanks. 1 more question how much time it will take and will there be any bad impact on my wife status?
Just to clarify what I said earlier, your medical and PCCs had to be completed earlier as part of your wife's application and before she landed in Canada and became a PR. Again, to add a spouse to an application, that spouse needs to come complete the medical, provide PCCs, and also complete all of the relevant forms such as personal and travel history. All of this needed to happen BEFORE your wife came to Canada and before she became a PR. This is why you have a problem now. Also, your wife's COPR would have listed her as a single person. She should not have used this COPR to come to Canada and land and become a PR. She was required to return her COPR, wait for you to be added to her application, and then wait for a new COPR to be issued that listed her status as married.
How did she get PR? Through which immigration stream?
It could take anywhere from a few weeks to over a year to hear back. Whether this impacts your wife's status will depend on how she got PR.
You spouse signed the COPR upon landing at the airport which did not have you listed, and which has a section saying 'have you any dependents other than those listed below?', and signs a section saying 'I certify all the above statements are true and complete and I understand the conditions imposed.'
IRCC typically holds the applicant responsible even if a agent is used. You will have to wait and see what happens with your application. When your wife landed and became a PR, she would have confirmed the information on her COPR was accurate, this included her status being single. This is something she would have done herself and without any involvement from the agent. Hopefully your lawyer provided a rationale for this. Good luck again and let us know how it goes.
So then her PR is safe. However there is a good chance she will never be able to sponsor you successfully.
Unfortunately that means very little. Non-Canadian consultants are not regulated by anyone, so they can undertake dishonest or uninformed practices and bear no responsibility whatsoever.
So the lesson is: DO NOT TRUST CONSULTANTS WHO TELL YOU TO LIE.
Signing a form that says the information is true and complete and lists all your family members when you know it is not is a lie. Doesn't matter who told you to do it.
Hi Scylla,
I have the same situation here. My spouse didn’t declare me as his common law partner when he applied PR. Now I receive a PFL saying that I am excluded from his family class… Can I please ask would it affect my spouse’ PR if got his PR through ONIP master stream? Thank you
No, this should not impact your spouse's PR.
You'll have to find a way to get PR independently / on your own through an economic immigration program.
Hi , did you replied that pfl ? When you received it ? Because i submitted my pfl in sep and it will take atleasr 5-6 month time after submission.
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