Procedural Fairness Letter

[darkbeast007]

Thanks! Good luck to you as well

good luck.

I received same PFL today and I replied making explanation. In my situation is when my spouse apply for his PR we were not spouse or common law. We started living together later and then after 1year my spouse tried to add me in his file and sent webform but they never reply that webform and processed my spouse PR as single. So after my spouse PR, we applied for my inland common law PR but today we received PFL so I explained that my spouse sent you webform to add common law but IRCC never responded to that. I hopefully think it will work and turn into APPROVAL.

 

[james.mc]

I received same PFL today and I replied making explanation. In my situation is when my spouse apply for his PR we were not spouse or common law. We started living together later and then after 1year my spouse tried to add me in his file and sent webform but they never reply that webform and processed my spouse PR as single. So after my spouse PR, we applied for my inland common law PR but today we received PFL so I explained that my spouse sent you webform to add common law but IRCC never responded to that. I hopefully think it will work and turn into APPROVAL.

How did it go.Did your application got approved

 

[darkbeast007]

How did it go.Did your application got approved

Yes approved in 5days

 

[jamesmchacko]

I am also in the same situation.Then my girlfriend came to canada for studies on 2015 and got her PR approved in 2021.

i came to canada on 2019 on study permit but started living in the same apartment with her along with our room mates.we married last year and applied for my spousal application but got the PFL saying my sponsor failed to declare me as common law partner during when she applied her application back in 2019

Anyone faced similiar situation and got the application approved

 

[armoured]

I am also in the same situation.Then my girlfriend came to canada for studies on 2015 and got her PR approved in 2021.

i came to canada on 2019 on study permit but started living in the same apartment with her along with our room mates.we married last year and applied for my spousal application but got the PFL saying my sponsor failed to declare me as common law partner during when she applied her application back in 2019

From your description, that's exactly what happened, except that the failure was not failing to declare you in 2019 - but rather as soon as you became common law, sometime in 2020. (One year after you started living together).

The PR information states clearly that the applicant MUST update and contact IRCC if their family situation changes. Becoming common law is just htat type of change.

 

[jamesmchacko]

From your description, that's exactly what happened, except that the failure was not failing to declare you in 2019 - but rather as soon as you became common law, sometime in 2020. (One year after you started living together).

The PR information states clearly that the applicant MUST update and contact IRCC if their family situation changes. Becoming common law is just htat type of change.

her final decision came on Nov and i became Common law eligible only on Dec.is that a good reason?
And because it was a covid 19 period she didnt recieved any letter to confirm anything,like PR portal update, she recieved the COPR without confirming anything

 

[armoured]

her final decision came on Nov and i became Common law eligible only on Dec.is that a good reason?

You'll have to be explicit about the exact dates - above I understood you started living together in 2019 and she became a PR in 2022. Please clarify.

And because it was a covid 19 period she didnt recieved any letter to confirm anything,like PR portal update, she recieved the COPR without confirming anything

I believe even then there was a process to confirm via portal. You could raise this, but in my opinion a poor defence.

 

[james.mc]

You'll have to be explicit about the exact dates - above I understood you started living together in 2019 and she became a PR in 2022. Please clarify.



I believe even then there was a process to confirm via portal. You could raise this, but in my opinion a poor defence.

There was no portal at that time

 

[armoured]

There was no portal at that time

I'll bow to your knowledge on that. There were still webforms and other instructions on how to notify.

But again, make your best case.

 

[jamesmchacko]

I'll bow to your knowledge on that. There were still webforms and other instructions on how to notify.

But again, make your best case.

Is the final decision date, the date we become Permanent resident

 

[armoured]

Is the final decision date, the date we become Permanent resident

I don't understand your question. If she has a PR card, it will say that she is a PR since [date.] That's the date she became a PR.

 

[YVR123]

Is the final decision date, the date we become Permanent resident

No. If she get eCOPR, then it's on the copy of COPR. If she get paper COPR and needs to physically land at a border, then the stamp/landing day.
Not the final decision date.

 

[thanhtam23]

I am also in the same situation.Then my girlfriend came to canada for studies on 2015 and got her PR approved in 2021.

i came to canada on 2019 on study permit but started living in the same apartment with her along with our room mates.we married last year and applied for my spousal application but got the PFL saying my sponsor failed to declare me as common law partner during when she applied her application back in 2019

Anyone faced similiar situation and got the application approved

to answer your question, yes we saw someone got approved with similar situation
try your best to response to PFL

 

[Harsh2411]

Hello Everyone,
Hope you all going well.

I wanna ask something important.
So i applied for my PR in march 2024 . At that time me and my gf were living together for only like 8 months. So i didn't add her as my common law . Now i got my ECOPR on Nov 2024. And PR card after 20 Days. We didnt know about this common law adding stuff untill we now when i want to sponser her. we didnt know that we are already in common law since july 2024 automatically without declaring to gov. and i didnt knew that i had to include her during the application. Now we are thinking can i sponsor her? If I sponsor is there any risk for my PR card getting canceled or something? We didn't submit application to sponsor yet.

TIA

 

[Buletruck]

Get a lawyer. You became common law before you became a PR, so you should have declared that to IRCC. Sponsorship is now petty much impossible(unless you want to renounce and reapply yourself). Your status is probably safe, but she should start looking for other immigration options.