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When
sponsoring a spouse, the Immigration of Canada states that
an applicant has the option of sponsoring their spouse who
resides outside of Canada as a conjugal partner or a common-law
partner as long as they meet the requirements.
"
Changes to Submission of Family Class Applications
On February 17, 2003, Citizenship and Immigration Canada (CIC)
introduced a new application kit and submission process. This
affects Family Class sponsorship and permanent resident applications
for spouses, common-law partners, conjugal partners and dependent
children applying outside of Canada..."
Reference site:
http://www.cic.gc.ca/english/sponsor/medicals.html
However,
in 2003, an applicant who shall remain anonymous sponsored
their spouse as a conjugal partner but the immigration processed
the application based as a spousal sponsorship. This resulted
in the application to obviously be rejected (denied) since
the applicant could not present a marriage certificate.
When
the applicant received the refusal letter stating that her
application was denied on the bases of her not providing a
marriage certificate, she inquired that there was no need
for a marriage certificate as she had sponsored as a conjugal
partner and not as a spousal.
Therefore,
she was given two choices, to withdraw and reapply after getting
married or to appeal. Since she was not at fault, she decided
to appeal her case and now has a ADR conference date to attend.
She was given two choices. Withdraw and reapply after getting
married or appeal. She appeal and got ADR Conference date
to attend.
What is an ADR Conference? An ADR (Alternative Dispute Resolution)
Conference is not a regular appeal hearing. It is an informal
meeting between you and an official from Citizenship and Immigration
Canada (CIC), who is referred to as Minister's counsel. A
Dispute Resolution Officer (DRO) from the Immigration Appeal
Division will help you and Minister's counsel to try to resolve
your case simply, quickly, and fairly. If the case is resolved
through the ADR Conference, a hearing will not be needed.
Reference site:
http://www.irb-cisr.gc.ca/en/about/tribunals/iad/adr/guide_e.htm
The applicant had to get a lawyer to represent her. At the
interview, she asked what is the definition of Conjugal Partner
to which there was no reply. The applicant's lawyer emphasis
that the Immigration had made an error in processing her application,
as she had not sponsored as a spousal but as a Conjugal Partner.
Case
still in process
.
Result
- the case got denied because the applicant did not meet the
conjugal partner requirements!!!
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