Updated: Friday, February 4, 2005 12:30 PM
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ERROR made by CIC

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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