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Sponsorship refused by CPC-M. Please help.

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mitamata View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mitamata Quote  Post ReplyReply Direct Link To This Post Posted: 07 Dec 2009 at 1:14am
I guess they expected you to put him down as your common-law partner. I mean, there's really no place where you can declare a conjugal partner on those forms so what other choice did you have? But then since you never lived together, that wouldn't be accurate. You couldn't declare a fiance either if they weren't your common-law partner yet.

Personally, I'd just send it all back to them to reapply, with a cover letter at the top explaining how you couldn't have declared your partner as a family member because the forms don't allow for it. No clue if it'd work, but it only takes a month or two for Mississauga to send a refusal and it's just $75.

Whatever you do, good luck! I hope you find a way to be together.
Outland - spousal - Vienna - 2009
Feb 16th - app received at CPC-M
Mar 3rd - decision made at CPC-M
Mar 27th - received AOR
Apr 29th - PPR received via email
May 12th - Passport with visa received :)
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IslandGirl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote IslandGirl Quote  Post ReplyReply Direct Link To This Post Posted: 07 Dec 2009 at 5:55am
Sorry, missed that part
See, the only thing is - I understand in a way why you used a date so long ago to prove conjugal (shows a long relationship). But - I have to wonder IF you were really conjugal "at that time", or just dating.

Any chance of making it to 3rd country that recognizes same-sex marriage to get married?
Although it might be all for naught as they seem to be stuck on the face that you were conjugal for 10 years before you landed, but really - were you? Did you meet the definition all those years of conjugal?

What are the chances of you going to her country & living common-law for a year?

Originally posted by kyrie kyrie wrote:

Yup, IslandGirl...been there...done that!
 

"Aug 2009 - Applied for Canadian TRV for my conjugal partner, which was denied"

 

I had to do it as it was a pre-req for conjugal class app. If it worked out, wouldn't it have been great? Sigh!
Used to be known here as "feb7" - there's no doubt to my gender this way
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jamaisomal View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jamaisomal Quote  Post ReplyReply Direct Link To This Post Posted: 07 Dec 2009 at 7:55am
I found this very interesting though.

"The conjugal partner category applies only to the family class and only to a foreign national sponsored by a Canadian citizen or permanent resident living in Canada."

You may have a good case in appealing. You applied as FSW so there is really NO way you could have included her. I think the decision to try to sponsor her AFTER you landed makes a lot of sense now.

Edited by jamaisomal - 07 Dec 2009 at 8:09am
Application sent May 13, 2010
Started processing July 22, 2010.
Decision made March 7, 2011
Landed April 13th 2011
The whole process took exactly 11 months!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jamaisomal Quote  Post ReplyReply Direct Link To This Post Posted: 07 Dec 2009 at 8:08am
I also found this:

"A conjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year. A conjugal partner can be in an opposite-sex or same-sex relationship. A conjugal partner is not a family member."

It seems the IO was wrong and the application should not have been refused on the grounds stated in your original post.

www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf


Edited by jamaisomal - 07 Dec 2009 at 8:11am
Application sent May 13, 2010
Started processing July 22, 2010.
Decision made March 7, 2011
Landed April 13th 2011
The whole process took exactly 11 months!
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kyrie View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kyrie Quote  Post ReplyReply Direct Link To This Post Posted: 07 Dec 2009 at 8:43am
A brand new day! With a whole lotta new insight! Thanks to all!
 
@Mitamata - I like your reasonsing -- 1) No place to declare on the forms in the first place and 2) we truly did not live together (we lived in our own parents' houses), so we did not actually meet the common-law requirements, which makes my original answers accurate and true (Phew!).
 
@IslandGirl - That is true, too. That was the date we first met. I could have been mistaken and maybe I should have put the date we were first "conjugal"? But then again since I left my partner in 2001 to go to the USA and I've never really been home for long as such after that time (as RobsLuv put it, in the span of 8 yrs you've only been with your partner 4 times for less than three months cummulative), and then it would be a bigger burden to prove "conjugality" while away. So, it may become a double-edged sword for me.
 
Third-country same-s*x marriage is another very good option you suggest. I haven't done much research on it yet. As soon as I have some useful info., I will post here.
 
And, only if I could go to my partner's country and establish common-law! I really don't mind giving up my job, etc. But since I have already lived out of Canada for 2 yrs 10 mths already, I've almost maxed out my 3 out of 5 yrs residency requirements. Therefore, if I did choose that, I would loose my PR :( Can you just imagine the odds that are stacked up against me?
 
@Jamaisomal - Thank you! Thank you! Thank you! All I needed was someone to concur with me that a conjugal partner was not considered a "family member" for the IMM0008. I don't know why I was so sure of that with all the research I had done for months on this and other forums. I honestly did not expect my application to get stuck at this stage. I was so sure it would not be a problem!
 
All the quotes in your post can I assume are from the OP2? Thank you so muh again!! :)
 
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jamaisomal View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jamaisomal Quote  Post ReplyReply Direct Link To This Post Posted: 07 Dec 2009 at 8:51am
Yes all the quotes are from the OP.

Now you can either go along the lines of the IO made a an error in judgment or TRY to get married somehow and reapply. It also seems a bit to me that your partner may not have met the conjugal requirements. Did you have your finances etc together? You never seemed to live together for any length of time.

Do your research. The info that I found this morning seems to be on your side though. Good luck.
Application sent May 13, 2010
Started processing July 22, 2010.
Decision made March 7, 2011
Landed April 13th 2011
The whole process took exactly 11 months!
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tgchi13 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote tgchi13 Quote  Post ReplyReply Direct Link To This Post Posted: 07 Dec 2009 at 8:55am
Originally posted by kyrie kyrie wrote:

@Jamaisomal - Thank you! Thank you! Thank you! All I needed was someone to concur with me that a conjugal partner was not considered a "family member" for the IMM0008.


Hopefully someone more knowledgeable than me can comment more, but on the appeal letter we received it states: If the Appeal Division finds that an applicant is not a member of the damily class , the Appeal Division will not have jurisdiction to consider the appeal.

It looks to me that you're currently snookered if they deemed your partner undeclared family class as well as if you try to say conjugal isn't family class.

Again, hope someone else has more concrete info to provide.

Edited by tgchi13 - 07 Dec 2009 at 8:55am
tgchi ~
'so close, no matter how far, couldn't be much more from the heart, forever trusting who WE are and nothing else matters' Going State-side!
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kyrie View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kyrie Quote  Post ReplyReply Direct Link To This Post Posted: 07 Dec 2009 at 9:15am

@Jamaisomal -- I hear you. I know getting past the "undeclared family member" is only pre-cursor to a whole lot of other serious issues I have with my case. The only thing best I can do is probably prepare defences for all these issues and hope to get an understanding IO. No matter how strong your case is, it's always up to the IO's discretion, is what I understand. But thanks for the info. It was very useful.

@tgchi13 -- This is what Ralph posted earlier on...
 
"you can indeed try to appeal this refusal to the IAD. HOWEVER...because section 117(9)(d) is involved, when you do file your notice of appeal, after some time (usually rather quickly, a matter of few months) you will get a letter from the IAD stating that they don't have jurisdiction to hear the appeal because your partner is not within the "family class." At that point, you (or, if you decide to retain a lawyer, your lawyer) can file written arguments outlining why the IAD should take jurisdiction in your case, referring to the relevant case law dealing, for instance, with deliberate vs. unintentional non-disclosure as well as the socio-cultural reality in India (non-existance of "common law partner" concept, etc.) However, you must know right from the get-go that you are facing an uphilll battle at the IAD;"
 
I am getting the feeling that I will be able to get the file past Mississauga, but once the file reaches New Delhi, I may have bigger problems to deal with. And, at every step of the way, I can very well expect long (non-standard) processing times :( Unfortunately, that is the reality.
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