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| Subject: 117 (9) (d) Spouse refused because not examined |
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To All
Most would think if lovers shared a residence prior to one gaining Landed status when the other had not been declared and medically examined there is little chance of success.
Yesterday I was successful to argue the point that having sex on a regular basis and living together in the same house does not equate to cohabitation unless there is a conjugal type relationship.
The applicant in this case even proposed marriage to the sponsor before she became a Landed Immigrant and she turned down his proposal. The applicant even stated to the Visa Officer that they were living together in the same residence for an extended period of time during the interview. He claimed three years on the form.
The applicant in this case even proposed marriage to the sponsor before she became a Landed Immigrant and she turned down his proposal. The applicant even stated to the Visa Officer that they were living together in the same residence during the interview.
The old question on cohabitation on the Sponsored Spouse Questionnaire has been changed and now split into two parts. If you state you have not lived together they want to know WHY NOT and if you have, they wants periods of cohabitation.
Living together and cohabitation are two very different things. Just because you have lived together in excess of one year does not mean that you will be prevented from sponsoring your partner.
Remember the Law is the Law and just because a CIC Officer says your wrong it does not mean their right. If it is true love never give up retain quality representation after doing your research.
Roy
cvimmigration.com
[29-01-2013,07:20]
[***.113.87.90]
Roy |
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(in reply to: 117 (9) (d) Spouse refused because not examined)
The key in this decision is a sexual relationship like the Hollywoood movie "No Strings Attached".
There was no commitment, no planning for the future, no joining of assets, no what anyone would consider a husband and wife long term relationship. Right after the woman immigrates she finds out she is pregnant.
Then she looks at the man who is the biological father and due to his positive reaction to finding out she is pregnant a more positive relationship grows and blossoms. The sponsorship due to money etc. single mom does not take place for four years after the birth.
That equates to no conjugal relationship hence no common law relationship.
Roy
cvimmigration.com
[31-01-2013,09:00]
[***.113.87.90]
Roy |
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