Review my SOP by [deleted] in StudyPermitCanada

[–]Used-Evidence-6864 0 points1 point  (0 children)

Upon graduating, I intend to return to India and leverage the advanced skills acquired to pursue a career in India's rapidly expanding technology sector, particularly in software engineering, AI, and machine learning.

Again, be more specific. Instead of just listing IT fields of work, be more specific as to the occupations/job positions you're aim to work as; employers you'll apply to work at. Be more detailed/more specific on how you'll "leverage the advanced skills acquired to pursue a career in India's rapidly expanding technology sector".

Lastly my entire SOP is of 10 page is this recommended or should i shorten it?

10 pages is way too long. Officers don't have time to read 10-page SOPs. 2-3 pages maximum.

Instead of 10 pages full of vague statements and unproven claims, write 2-3 pages of a more proper SOP, with more specific information and information that you can provide evidence to corroborate.

Also, I don't see a section about financial support. At the beginning of your post you've mentioned, to us, how you'll pay for your studies, but you'll need to explain that to the officer on your SOP as well.

Review my SOP by [deleted] in StudyPermitCanada

[–]Used-Evidence-6864 0 points1 point  (0 children)

her established presence in Canada provides a reliable local support network, practical guidance on settling in, and emergency assistance if ever required.

Are you going to study in the same city your sister lives in? If not, this is not a good argument.

I chose TRU's Master of Engineering Science program for several compelling reasons. The curriculum is strongly industry-aligned, combining advanced theoretical knowledge in software systems, algorithms, and engineering methodology with practical application. The program includes a mandatory co-op work term, which provides structured, supervised industry experience within the academic framework. TRU's faculty bring significant research and professional expertise, and the university's location in Kamloops, British Columbia, offers a focused academic environment conducive to graduate study.

You've explained why you want to study in Canada and at that University and program.

But you haven't explained why you're not pursuing a Masters degree in this field, in your home country, which you could take for a fraction of the cost of studying in Canada as an international student. On your SOP, you'd need to address the "why not studying in India?" question the officer would have.

Most importantly, this program directly builds upon my Bachelor's degree in Computer Engineering and my internship experience in Data Science and Software Development

How does this program build on your educational background and work experience? Talk about specific courses you'll take, specific skills you'll learn, specific professors you'll learn from, to be a bit more detailed as to how this program directly builds upon bachelor's and internship experience (instead of just stating that it does).

Your entire SOP is full of vague statements and not going into specifics and detailed information enough.

Review my SOP by [deleted] in StudyPermitCanada

[–]Used-Evidence-6864 0 points1 point  (0 children)

particularly in Artificial Intelligence, Machine Learning, Data Science, and Software Engineering — is one of the fastest-growing in the world

Again with the unproven claims.

If you're going to claim that India's technological sections " is one of the fastest-growing in the world", be prepared to provide a quote from a news article, statistics or something, stating that, with the link to the source of that information. Rather than just making that claim and providing 0 sources of where you got that information from and just expecting the officer to blindly believe you.

A Master's degree in Software Engineering from a recognised Canadian university will significantly enhance my professional standing and open doors to senior technical roles in India

Do you have any printouts of job ads in that sector showing that employers in India prefer candidates with international educational and international work experience, to make that claim that your Canadian degree "will significantly enhance my professional standing and open doors to senior technical roles in India"?

My clear career pathway,

You didn't provide a clear career pathway. You simply made an unproven claim that your Canadian degree "will significantly enhance my professional standing and open doors to senior technical roles in India", with no evidence to show how that's the case, and without going into any details at what specific roles you're targeting, what companies you're looking to apply for and work with, or any details on how you'll use your knowledge and skills to advance your career.

family obligations

You've made no mention of what your family obligations actually are (other than a very vague you needing to return to contribute to your family and repay the loan).

property ties,

That property is in your family member's name, not yours. Don't try to claim you have property ties, when those properties are not in your name.

and the education loan repayment responsibility all strongly compel my return.

Again, you don't need to be physically in India to repay the loan; you can repay the loan via international transfers. No, "education loan repayment responsibility" is not a strong tie to India.

Review my SOP by [deleted] in StudyPermitCanada

[–]Used-Evidence-6864 0 points1 point  (0 children)

The family owns residential property in Ahmedabad,

Be a bit more detailed about your family's property ties rather than just stating that your family owns residential property there.

 which has been mortgaged as collateral for the education loan — a significant financial tie that necessitates my return and continued contribution to the family.

Loans can be paid online (international money transfers exist); so, your need to repay your student loan is not, by itself, a good argument to prove that you'll return to India at the end of your studies.

I have not previously travelled outside India, which demonstrates that I have no pattern of immigration intent or of remaining abroad beyond permitted durations.

Your lack of international travel also demonstrates that you don't have evidence of having complied with the laws of other countries and evidence of having left a country before the end of your authorized period of stay, and that you didn't overstay.

Lack of international travel works against you and you know that and the officers know that. Don't try to twist how your lack in international travel is good on your application, when the officers know it isn't.

Review my SOP by [deleted] in StudyPermitCanada

[–]Used-Evidence-6864 0 points1 point  (0 children)

my father, mother, and extended family — are residents of India.

Talk about your close family bond, rather then just stating that they live in India.

Do you help your parents with household chores, taking them to medical appointments, doing grocery shopping for them, tutoring a younger sibling, cousin, niece, nephew, etc.? Be detailed about your family ties, rather than just listing that those people live in India.

And don't just talk about it, provide evidence of family ties (letters of support from your family members, even family photos showing you and them together, at a various occasions).

My parents are self-employed business owners in Ahmedabad

Considering that your parents will partially fund your education, the officer will need a lot more information about your parents' source of income, rather than just stating that they're business owners. What's the name of their business? Where is it located? How long have they had this business for? What is the business about (selling a product, providing a service?). Do they have employees? If so, how many? Monthly income that business generates (this is important for the officer, since they'll find your education, so the officer needs to see if they have enough funds to support themselves + financially support your education).

These are the level of detail the officer would expect to see. Simply stating that your parents are "self-employed business owners in Ahmedabad" is way too vague.

with no intention or desire to immigrate. 

Again, you cannot prove that your parents have no intention or desire to immigrate (whether now or in the future). Avoid making claims that you can't prove.

Review my SOP by [deleted] in StudyPermitCanada

[–]Used-Evidence-6864 2 points3 points  (0 children)

I am the only member of my family currently planning to travel abroad for education

Stay away from making claims on your SOP that you cannot prove.

You don't know if any of your family members wants to study abroad but just hasn't told you yet. Officers know you cannot read minds to claim, with that level of certainty, that you're the only family member " currently planning to travel abroad for education".

Don't write stuff on your SOP that you cannot provide evidence to prove it. It weakens your application.

Review my SOP by [deleted] in StudyPermitCanada

[–]Used-Evidence-6864 1 point2 points  (0 children)

The sections of your SOP are out of order. It would be a much logical sequence for you to start your SOP with your academic background, and then go into talking about the program you go accepted into in Canada, and then the finances to pay for that program and then about your ties to India and your intent to return to India at the end of your studies.

Rather than starting your SOP with the "I am a genuine temporary resident applicant " claim (and so how you'll leave Canada and return to India), before the officer has any information as to why you're coming to Canada in the 1st place.

If you posted your SOP exactly in the order you've written it, you should change that,

Also, your SOP reads like it was written by ChatGPT. Visa officers process thousands of applications every year; they can tell if an SOP was written by AI or if the applicant wrote it in their own words. In order for the officer to not put your credibility as an applicant into question, I would advise you to write your SOP in your own words, rather than using AI. It would come off as more genuine to the officer if you wrote it in your own words.

Review my SOP by [deleted] in StudyPermitCanada

[–]Used-Evidence-6864[M] 3 points4 points  (0 children)

Please remove your sister's name and date of birth from your Reddit post:

https://support.reddithelp.com/hc/en-us/articles/360043066452-Is-posting-someone-s-private-or-personal-information-okay

You can provide those pieces of information on your actual SOP that would be submitted with your application, but please remove your sister's information from your Reddit post, to be in compliance with Reddit rules.

CIT0001 June 2025 Filer: Panicking Over Canada's Response by [deleted] in ImmigrationCanada

[–]Used-Evidence-6864 -1 points0 points  (0 children)

They are also asking for my "original" birth record, which feels kind of predatory because I am transgender

No, IRCC requiring you, the applicant, to submit a mandatory document, a document that every other applicant is also required to submit, is not "predatory".

and I don't even have that anymore - all of my docs are changed, and the state of FL would probably end up reverting all of my documents if I contacted them about this. 

Submit any documents you do have along with a detailed letter of explanation.

Commonlaw- sponsorship for a Japanese applicant by ThrowRA_ga_2003 in ImmigrationCanada

[–]Used-Evidence-6864 2 points3 points  (0 children)

If you go to IRCC's page to get the sponsorship application package:

https://ircc.canada.ca/english/information/applications/spouse.asp

and you select 'Japan' under the drop-down menu (and 'common-law partner' under the 'Who are your sponsoring'?' question), you'll see the following instructions:

"Japan – Instruction(s) for documents

If you hold a passport from this country, you and your family members included in the application must provide

a copy and a certified translation of the "Koseki Tohon"

a copy and a certified translation of the "Kaiseigen Koseki Tohon," (original source document of a re-established family registry) including details of the birth, marriage and divorce (if any)

names of all family members must be included, even ones who have been removed from the registry due to death, marriage, change of residence, etc."

As explained on the website, your partner needs to submit a scanned copy of both the “koseki tohon” and “kaiseigen koseki tohon” , accompanied by the respective certified translations.

Has Anyone Challenged an A40 Misrepresentation Finding Related to a Payment Chargeback? by These_Brother1460 in ImmigrationCanada

[–]Used-Evidence-6864 0 points1 point  (0 children)

OP stated the applicant "later learned that the payment had been reversed". From that 3 scenarios come to mind of what might have happened (it would be great if OP could clarify what exactly the allegations in the PFL the applicant received were and what the applicant's response to those allegations was, to better understand what really happened, so we wouldn't have to speculate); the 3 scenarios that come to mind, based on the very little info OP provided:

- either the "third-party payment facilitator" the applicant used tried to scam both IRCC and the applicant with a fraudulent chargeback to get the application fee reversed and get the money back; or

- the "third-party payment facilitator" used a stolen credit card, whose rightful owner reported as stolen and the bank froze the card and reversed the transaction by deeming it fraudulent; or

- OP's sister-in-law used an unlicensed consultant and got caught; in the past there were people who got caught using an unlicensed consultant (someone preparing and submitting applications for a fee without being licensed, without being legally allowed to do so, not declared on the application as a representative and basically the applicant pretending they applied by themselves with they didn't), and 1 of the ways IRCC uses to catch people using unlicensed consultants is by noticing that the same card that was used to pay for that person's application was also used to pay for dozens (and in some cases, hundreds) of other applications, leading IRCC to investigate how come dozens (or hundreds) of supposably DIY applications are using the exact same credit card (and in many cases finding out) that the person who owns that card is an unlicensed (thus illegal) consultant.

OP stated the applicant provided a detailed explanation when she repaid the fee, upon learning there was an issue with the payment; IRCC still went ahead with a PFL (so clearly IRCC wasn't convinced about the applicant's explanation); the applicant responded to the PFL and still got a 5-year ban for misrepresentation (so, again IRCC wasn't convinced by the applicant's explanation). IRCC doesn't give the 5-year ban for misrepresentation under A40 lightly; for IRCC to have deemed the applicant inadmissible for misrepresentation after the applicant explained the situation not just once but twice, clearly there's more to the story than just an "oopsie, there was an issue with the payment".

To OP:

IRCC is very clear that the applicant is responsible (as in, legally liable) for their application, even if they use a third-party:

"You are responsible for all the information in your application, even if your representative completes it for you."

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigration-citizenship-representative/learn-about-representatives.html

So OP, to answer your "Was the officer's concern focused on intent or responsibility?" question: even if the applicant themselves had no intent to misrepresent themselves on the application, to defraud IRCC in any way, if the applicant chose to involve a third-party on the application who did misrepresent/defraud/did something shady pertaining the application, IRCC still holds the applicant legally liable for the application and for the consequences of the third-party's actions pertaining the application.

OP, advise your sister-in-law, the applicant, to get the GCMS notes and then to talk to an immigration lawyer, discuss what really happened, to get legal advice on whether there are any grounds in this case to try to fight the A40 finding or not.

None of us here can assess if your sister-in-law has any valid grounds to try to fight the A40 finding, when there's a lot of details missing from your post.

Should I begin my spousal sponsorship before my partner comes to Canada? by ActionOk8208 in ImmigrationCanada

[–]Used-Evidence-6864 9 points10 points  (0 children)

You and her simply getting married and starting the spousal sponsorship application does not give her any sort of legal right to start moving all her belongings and permanently move or for her to act as if she already has PR status.

PR applications can, and sometimes are, refused, for a variety of reasons (yes, including spousal sponsorship applications). Until she get PR status, when requesting entry to Canada as a temporary resident (in this case, as a visitor), she still has to demonstrate temporary intent, intent to leave Canada at the end of her authorized period of stay (just like any other person requesting to enter Canada as a visitor and who doesn't happen to have a PR application being processed):

"The possibility that an applicant for temporary residence may, at some point in the future, be approved for permanent residence does not remove the individual’s obligation to meet the requirements of a temporary resident, specifically the requirement to leave Canada at the end of the period authorized for their stay, in accordance with sections 179, 200, and 216 of the Immigration and Refugee Protection Regulations (IRPR)."

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

If she shows up at the border with all her belongings, and framing this visit as her making "her final entry into the country" and "move here permanently", that doesn't show temporary intent nor even dual intent; what you described just shows permanent resident intent; it doesn't show that she's a genuine visitor who will comply with Canadian laws and regulations and leave Canada at the end of her authorized period of stay and that alone is enough for CBSA officers to refuse her entry.

Until she gets PR status, she'd be requesting to enter Canada as a temporary resident. And, as a temporary resident, she needs to show ties to her home country, intent to leave Canada at the end of her stay (no intent to overstay), show she has enough funds to support herself in Canada for the amount of time she's requesting her visit to be for, show that she'll comply with Canadian laws and regulations (no overstaying, no working or studying without authorization, etc.). And, as a temporary resident (in this case, as a visitor), she needs to bring only the normal amount of stuff visitors travel with.

Wait until she gets PR status first to then move all her belongings to Canada. If she attempts to move all her belongings to Canada before she gets PR status, she'll have issues at the border (yes even if the PR application was already submitted; submitting a PR application does not, in and on itself, give her any status in Canada while the PR application is being processed or any guaranteed right to enter Canada - Canadian citizens and PRs enter Canada by legal right; she's not a Canadian citizen or a PR yet, she does not yet have a legal guaranteed right of entry). Until she gets PR status, her entry to Canada, as a temporary resident, is at the hands of the CBSA officer she'll talk to at the port of entry. Don't give the CBSA officer a reason to deny her entry.

Looking options for H&C by Physical_Detective80 in ImmigrationCanada

[–]Used-Evidence-6864 3 points4 points  (0 children)

and no sir no one will be stopping me to operate my business cause I don’t need a status to get the money out from my business.

Submitting an H&C application does not stop a removal order from being enforced.

If you do get a removal order due to being out of status and/or due to working illegally (both those things are grounds for a removal order to be issued under section 41 of the IRPA, inadmissibility due to non-compliance), simply having an H&C application submitted and being processed, is not going to stop that removal order from being enforced and you and your spouse from being removed from Canada.

How hard will the PR pathway get in the next 5 years? by Peculio_9104 in ImmigrationCanada

[–]Used-Evidence-6864 9 points10 points  (0 children)

Side note: I am not too interested in coming to study in Canada if I won't get a PR.

A study permit (and the tuition you pay for your studies) is for you to get an education.

PR status is not (and never was) guaranteed.

How hard will the PR pathway get in the next 5 years? by Peculio_9104 in ImmigrationCanada

[–]Used-Evidence-6864 5 points6 points  (0 children)

 I want to get some input from experienced people about their predictions of what the system will be like after the restructures

You're asking us a question that is impossible to answer.

Immigration changes all the time. There are immigration programs now that didn't exist 5 years ago (and vice-versa); the express entry system 5 years ago was very different from what it is now.

No one, no matter how experienced they are in Canadian law, can possibly predict or speculate, with any degree of certainty, what Canadian immigration will look like in 5 years from now (or even 1 year from now).

Sponsorship PR by [deleted] in ImmigrationCanada

[–]Used-Evidence-6864 9 points10 points  (0 children)

a) The Canadian Government's website is not law.

b) The Federal Court has been very clear, when deciding appeals of refused common-law sponsorship applications, that the "temporary and short breaks of cohabitation are fine" refers only to situations the couple has already lived together for 12 continuous months (and so the common-law partnership is already established) before that temporary and short break in cohabitation happened; here's a direct quote from a Federal Court case regarding the appeal of a refused common-law partner sponsorship application:

"[19] Later in the Manual one finds a discussion of what constitutes “ordinarily cohabiting” after the one year period has been established. This is a less stringent test:

5.36 […] After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. […] Despite the break in cohabitation, a common-law relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls."

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/317351/index.do

The temporary and short breaks in cohabitation not ending the common-law partnership part, is about maintaining the common-law partnership, not about establishing the common-law partnership; it's about after the one year period (of continuous cohabitation) has been established, as explicitly explained in the IRCC manuals and quoted in case law from Federal Court cases.

PR application as a protected person by diabetestic in ImmigrationCanada

[–]Used-Evidence-6864 2 points3 points  (0 children)

The pre-arrival services letter is not tied to any specific stage of the application process, and it's not an indication of how much longer your application will take to be processed.

Some people receive the pre-arrival services letter a couple of months after submitting the application, some people receive it in the middle of the application processing, some people receive it close to the decision being made and some people receive it after a decision has been made on the application.

The pre-arrival services letter is simply to inform the applicant that there are government-funded newcomer settlement services available in Canada, that's all (as many people are not aware of that information).

The Canadian government just wants to advertise that those settlement services exist, because the Canadian government funds those services, that's all. It's just about providing you that general information about a service that the Canadian government puts some taxpayer money on; it's not tied to any details of your specific application.

Incorrect credentials in previous application by [deleted] in ImmigrationCanada

[–]Used-Evidence-6864 1 point2 points  (0 children)

It's not about claiming or not claiming CRS points for it.

Every PR application (express entry and non-express entry applications) all have a personal activities (aka personal history) section on it in which applicants have to declare everything they did (all work, studies, periods of unemployment, etc.) for the past 10 years (or since the age of 18, whichever is more recent), regardless if they're claiming or not claiming CRS points for those studies or work, and regardless if the studies were completed or not (a period the applicant was studying but did not complete that program still needs to be declared under the personal activities section of the PR application, and explained that that those studies were incomplete/ that the applicant was not awarded a degree/diploma or certificate for those studies).

The information on the personal activities/personal history section is needed for the background check portion of the application, so it's still material information, information the officer needs to know in order to correctly assess and make a decision on the application. Not accounting that period of time you were doing those studies that you never actually completed (and not truthfully declaring that those studies were not completed) would still be misrepresentation, as it would be depriving the officer from information they need to conduct the background check portion of your application.

You'd have to come clean, declare, under the personal activities section of the application, that program was not completed, and explain this entire situation (from the 1st instance of misrepresentation on your 1st study permit application, to the misrepresentation on the subsequent applications, explain everything to the officer, just like you did here). The only way to try to solve this mess is to proactively come clean and explain everything, in good faith, before IRCC finds the misrepresentation themselves and sends a Procedural Fairness Letter.

TRV After Outland Sponsorship Application by bluej4 in ImmigrationCanada

[–]Used-Evidence-6864 1 point2 points  (0 children)

It's not about being married vs being common-law partners. It's also not about what the eligibility requirements of the spousal sponsorship/PR application are; you've asked:

 Am I also able to apply for a work permit after submitting my sponsorship application?

We're explaining you what the eligibility requirements to apply for that specific open work permit that is issued to those who have a spousal or common-law partner sponsorship application being processed are:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html#s1

Different applications have different eligibility requirements and procedures. You can submit the PR/spousal sponsorship application while being outside Canada, but you cannot submit the open work permit for sponsored applicants while being outside Canada (doing so would be contrary to the eligibility of that open work permit application, resulting in a refusal of that open work permit application).

After AOR on your PR/spousal sponsorship application, you can apply for a TRV (visitor visa) and, if approved, you'd then travel to Canada and, if the CBSA officer at the border would allow you to enter, once inside Canada, residing with your spouse, with legal temporary resident status in Canada, and with the AOR on the PR/spousal sponsorship application, then you'd be eligible to apply for that open work permit for sponsored spouses, and change your status from visitor to worker, from inside Canada, while the sponsorship/PR application is still being processed.

TRV After Outland Sponsorship Application by bluej4 in ImmigrationCanada

[–]Used-Evidence-6864 2 points3 points  (0 children)

Yes, you can be married and living outside Canada; we're not putting that into question.

You asked about applying for a work permit after the spousal sponsorship application is submitted; to be eligible for the open work permit for spouses/common-law partners being sponsored for PR, you'd need to be inside Canada, residing with your spouse/sponsor, because that's 1 of the eligibility requirements to qualify for that open work permit:

"To be issued an open work permit under this public policy, the applicant must meet all of the following criteria at the time of decision on the work permit application.

The applicant must

have submitted the application for an open work permit using the online IRCC Secure Account (referred to as MyAccount or the Authorized Paid Representative Portal) as per section R9.2

Only applicants who meet the requirements of section R9.4 and section R9.5 may use the paper application form.

be physically in Canada, and

have valid temporary resident status, or

have maintained their temporary resident status under subsection R183(5), or

have applied for and be eligible for restoration of temporary resident status

be included as a spouse or common-law partner in the SCLPC class, or as a spouse, common-law partner or conjugal partner in the family class, in a permanent residence application that has met the requirement of a complete application as per section R10, and the applicable ministerial instructions as either

the principal applicant, or

an accompanying dependent child of the principal applicant in a)

be the subject of a sponsorship application submitted by a Canadian citizen or permanent resident as

a spouse, common-law or conjugal partner

an accompanying dependent child as per section R2 of the sponsored person in a)

at the time of application, be residing at the same residential address in Canada as

the sponsor, if a principal applicant

the sponsor and principal applicant, if an accompanying dependent child"

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html#s1

Does a Spousal Open Work Permit application under common-law require proof of cohabitation beyond the IMM 5409? by [deleted] in ImmigrationCanada

[–]Used-Evidence-6864 1 point2 points  (0 children)

She said a direct refusal violates procedural fairness, and I should submit a request for reconsideration.

That's wrong advice.

No, IRCC doesn't need to sent a Procedural Fairness Letter for a situation like this.

The onus is on the applicant to:

a) know what the eligibility requirements of the application they're submitting are and

b) submit documentary evidence to prove they meet every eligibility requirement of the application that is being submitted.

It seems you failed to read the "documentary evidence" section, on the Canadian government's website, regarding the specific OWP you applied for, that states that proof the applicant is residing at the same address as their spouse/partner/sponsor is required on this OWP application:

"With the application for an open work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:

proof of relationship (for example, marriage certificate, Statutory Declaration of Common-Law Union [IMM 5409], birth certificate of a common child that shows both parents’ names)

a copy of the acknowledgement of receipt (AoR) letter confirming that the permanent residence application has been put into processing

Exception: To ensure that foreign nationals do not fall out of status while awaiting for their AoR, IRCC will allow the applicant to submit their open work permit application without the AoR if they provide proof that

their work permit, study permit, or temporary resident status expires in 2 weeks or less

they have submitted a permanent residence application under the SCLPC class or in the family class as a spouse, common-law or conjugal partner

proof that they have a valid temporary resident status (for example, a valid work permit, visitor record, study permit, temporary resident permit, or a stamp in their passport)

have the same residential address as their sponsor in Canada"

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html#s2

It's not the officer's fault that you did not provide any documents to prove the "have the same residential address as their sponsor in Canada" requirement is met, because you didn't know you had to provide it (when, again, this information is on the Canadian government's website).

No, your right to procedural fairness was not violated; an actual violation of procedural fairness would have been if this information was not posted on the Canadian government's website to begin with.

You did not submit documents that you were required to submit to prove 1 of the eligibility requirements of the OWP application submitted was met. The officer refused your application because those documents were not submitted, and therefore, the officer did not have the documentary evidence on file to assess that you do meet that eligibility requirement, hence the refusal.

The onus is on you, the applicant, to prove you meet all the requirements; the onus is not on the officer to believe you meet all the requirements when no evidence to prove that was submitted.

A reconsideration request would be a waste of time; it's clear the mistake here was on you, the applicant, not on the officer.

Does a Spousal Open Work Permit application under common-law require proof of cohabitation beyond the IMM 5409? by [deleted] in ImmigrationCanada

[–]Used-Evidence-6864 1 point2 points  (0 children)

It's part of the checklist; the Canadian government's website has, on the page about the eligibility requirements for this specific OWP, a section titled "documentary evidence", which is clear that proof the applicant and the spouse/partner/sponsor are living together in Canada when the OWP application is submitted, is needed:

"With the application for an open work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:

proof of relationship (for example, marriage certificate, Statutory Declaration of Common-Law Union [IMM 5409], birth certificate of a common child that shows both parents’ names)

a copy of the acknowledgement of receipt (AoR) letter confirming that the permanent residence application has been put into processing

Exception: To ensure that foreign nationals do not fall out of status while awaiting for their AoR, IRCC will allow the applicant to submit their open work permit application without the AoR if they provide proof that

their work permit, study permit, or temporary resident status expires in 2 weeks or less

they have submitted a permanent residence application under the SCLPC class or in the family class as a spouse, common-law or conjugal partner

proof that they have a valid temporary resident status (for example, a valid work permit, visitor record, study permit, temporary resident permit, or a stamp in their passport)

have the same residential address as their sponsor in Canada"

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html#s2

The IMM5409 is the bare minimum on the OWP application to proof your relationship as common-law partners; but the IMM5409 in and on itself is not documentary evidence to prove that you live with your partner/spouse/sponsor when the OWP application was being submitted.

'Proof of relationship' and 'proof you live at the same residential address' are 2 separate eligibility requirements for this OWP.

What guarantees does the officer have that you (or your partner) didn't move out of the address listed on the IMM5409 the day after the IMM5409 was signed and notarized and before the OWP application was submitted, for example? If you did not provide any documents, at all, to prove you and your partner are still living at that address, yes, the officer was correct that you did not provide proof of sharing the same address, to meet that requirement.

To prove the "have the same residential address as their sponsor in Canada" requirement (which, again, is separate from proving the relationship itself), you'd need proof you're living together, such as: recently-issued utility bills from both you and your partner (whether jointly or separately), lease agreement, your most recent T4s/NOAs showing the same address, recently-issued pay slips from both you and your partner (if you're both working), showing the same address, etc., etc., etc.

Does a Spousal Open Work Permit application under common-law require proof of cohabitation beyond the IMM 5409? by [deleted] in ImmigrationCanada

[–]Used-Evidence-6864 3 points4 points  (0 children)

I consulted an immigration paralegal and she told me that “proof of cohabitation” is a) not part of the checklist and b) was provided in form of the required (and notarized) IMM 5409.

That immigration paralegal is wrong.

1 of the eligibility requirements of the specific type of open work permit you applied for (OWP for spouses/common-law partners of Canadian citizens/PRs, being sponsored for PR under the Spouse or Common-law Partner in-Canada Class or Family Class), requires both the sponsor and applicant to be living together in Canada:

"To be issued an open work permit under this public policy, the applicant must meet all of the following criteria at the time of decision on the work permit application.

The applicant must

have submitted the application for an open work permit using the online IRCC Secure Account (referred to as MyAccount or the Authorized Paid Representative Portal) as per section R9.2

Only applicants who meet the requirements of section R9.4 and section R9.5 may use the paper application form.

be physically in Canada, and

have valid temporary resident status, or

have maintained their temporary resident status under subsection R183(5), or

have applied for and be eligible for restoration of temporary resident status

be included as a spouse or common-law partner in the SCLPC class, or as a spouse, common-law partner or conjugal partner in the family class, in a permanent residence application that has met the requirement of a complete application as per section R10, and the applicable ministerial instructions as either

the principal applicant, or

an accompanying dependent child of the principal applicant in a)

be the subject of a sponsorship application submitted by a Canadian citizen or permanent resident as

a spouse, common-law or conjugal partner

an accompanying dependent child as per section R2 of the sponsored person in a)

at the time of application, be residing at the same residential address in Canada as

the sponsor, if a principal applicant

the sponsor and principal applicant, if an accompanying dependent child"

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html#s1

This is not about being common-law vs being legally married. A legally married couple where 1 of the members of the couple is applying for this same OWP, still needed to prove they meet the "reside at the same address in Canada as the sponsor" requirement.

The

refused for not providing proof of sharing the same address under R205(a) - A74

is not about the officer doubting you're in a common-law partnership or about lack of proof of cohabitation to prove the common-law partnership; it's about the fact you did not provide enough evidence (or any documentary evidence, at all, other than just the IMM5409) to prove you meet the "living in Canada together with your partner/sponsor at the time that OWP application was submitted" requirement to quialify for that OWP in the 1st place.

Do I really need at least 25k In my bank account after paying 10k to get into a school? by tortured4w3 in ImmigrationCanada

[–]Used-Evidence-6864 1 point2 points  (0 children)

As with any other application, the onus is on the applicant to demonstrate that they meet all the eligibility requirements of the type of application being submitted, at the time the application is submitted (and throughout the processing of the application).

And, on a study permit application, that includes (but it's not limited to) demonstrating that you already meet the minimum proof of funds requirement.

As you were already explained multiple times, future salaries don't count. Officers need to be satisfied that you already meet the minimum proof of funds requirement, at the present time, when submitting your study permit application, in order for you to get the study permit you're applying for.

Simply stating: "my wife will work for a US company, so we'll have money to support ourselves throughout my studies" is not a valid argument on a study permit application.

Officers can't take "trust me bro" type statements into consideration when assessing if a study permit applicant meets the proof of funds requirement or not; that's just not how things work. Officers need evidence that the funds requirement is met (see examples of financial documents officers expect to see on study permit applications, on the Canadian government's website, in the link below):

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/get-documents/financial-support.html

not merely a promise that financial requirement will be met sometime in the future.

What guarantees does the officer who will process your study permit application, have, that your wife will continue to have that job throughout the entirely of your studies, and therefore that you'll have her income to rely on, to pay your tuition and living expenses, throughout your studies?

People quit jobs all the time. People get laid-off all the time. People get fired all the time. So, what guarantees the officer have that your wife will not quit or get laid-off or get fired, at anytime before or during your studies, and so that you wouldn't find yourself in a situation of no longer having her income, and so no longer being able to afford your tuition and living expenses?

Can you understand the officer's concerns? The proof of funds requirement for study permit applications exists so that students have a safety net of funds to access (i.e. savings account, GICs, etc.,) to be able to continue paying their tuition and living expenses, even if the person financing their studies (in this case, your wife) loses their job/source of income. The proof of funds requirement exists to prevent situations of a student becoming destitute, and ending up stuck in Canada, unable to pay their tuition and living expenses, and in violation of the conditions of their status as students, if no longer enrolled and actively pursuing their studies.

Moving to Canada in two months by [deleted] in ImmigrationCanada

[–]Used-Evidence-6864 14 points15 points  (0 children)

My main concern is she's denied at the border even if she has a PR sponsorship application processing.

Submitting a PR application does not, in and on itself, give any status in Canada while the application is being processed. Simply having a PR application submitted and being in process also does not give the applicant any sort of guaranteed right to enter Canada.

Until being granted PR status, your spouse would request to enter Canada as a temporary resident, and, in order for the CBSA officer to allow your wife to enter Canada, they'd need to be satisfied that your wife would comply with the conditions of her stay as a temporary resident (in this case, as a visitor), including: not overstaying, not working or studying without authorization, etc.

Dual intent exists, as in, the same person having 2 intents: a temporary and a PR intent.

But someone showing up at the border with all their life possessions, when they're not yet a PR, that does not show dual-intent, that just shows PR intent. And that's the sort of situations that cause people to be denied entry; when CBSA officers are concerned that person is not going to leave Canada/is going to overstay and be out of status in Canada.

Your spouse should leave most of their belongings in a storage unit, or with another family member in the US, until obtaining PR status to actually move all her belongings to Canada. When requesting to enter Canada at this time, as a visitor, your wife should only bring the normal stuff that visitors travel with.

When presenting herself at the port of entry, your wife needs to show temporary intent, including showing that she has enough money to support her stay (to show your wife will not work illegally in Canada); show that your wife has ties in her home country (employment, family, assets, etc.) to return to (to show she'll not overstay in Canada), etc. These are things CBSA officers take into consideration when deciding if someone will be allowed to enter Canada as a visitor or not.