Is there a solution regarding the Canadian Immigration and Refugee Protection Regulation 117(9)(d)?

Question

Here's the thing. My girlfriend migrated to Canada as a Permanent Resident. Around year after she visited me and we got married, and I then applied for permanent residency to Canada under spousal class. We then received a notification from the visa office that they cannot approve of my application since I was not declared as a common-law spouse when my then girlfriend (now wife) applied for her permanent residency according to the Immigration and Refugee Protection Regulation 117(9)(d).

Unfortunately, in a letter to prove our ongoing relationship, we had explicitly mentioned that we DID live together for around 2 years before she migrated. However, to prove a common-law relationship, there must be some sort of conjugal asset/property like joint accounts, declaration as beneficiary or what-have-you, which we did NOT have.

So, is this possible to be presented as non-proof of a common-law relationship and thus could NOT be declared as such therefore the above 117(9)(d) cannot take effect?

I read that section well enough but I hope someone with legal expertise could give an opinion. Thank you all in advance

Answer 1

Seems like she can't sponsor you because she didn't originally list you but you could still come to Canada on your own.

Go to the immigration website at http://www.cic.gc.ca/english/immigrate/i... and check if you have enough points to apply as a skilled worker.  If not, you can check out a provincial nominee program, it is actually faster.  Try http://www.ecdev.gov.bc.ca/ProgramsAndSe... fro BC or http://www.albertacanada.com/immigration... for Alberta.  If you have experience in any of the jobs they list, you just need to find an employer who will give you a job and do the PNP program for you.

Answer 2

Contact your local govt. officals and ask them.

Deport illegals, and keep the dream alive ?