ineligibility issue

[alexji]

after 90 of waiting for sponsorship approval.
this is what i got from CIC today.
i need advice please:

This refers to the Application to Sponsor a Member of the Family Class you submitted to this office on behalf of xxxxxxxxxxx xxxx xxxxx and family (if applicable).

We have reviewed your application and regret to advise that you are not an eligible sponsor for the following reason(s):
• You have not submitted an application for a member of the family class. You did not declare the applicant to Citizenship and Immigration Canada on your own Application for Permanent Residence or at the time you became permanent resident of Canada. As such, you do not meet regulation 117(9)(d). Please refer to the Immigration and Refugee Protection Regulations listed below for details.
• Given this ineligibility issue, we have not reviewed any other sponsorship criteria at this time. In the event the visa officer considers processing the application for permanent residence, he/she will notify this office and a full review of all sponsorship eligibility requirements will be done. You may be contacted for additional information should that occur.
•
You indicated on your sponsorship application that you wish to continue with its processing regardless of any ineligibility. As such, the Application for Permanent Residence for your relative(s) has been forwarded to a visa office abroad for consideration.

Your ineligibility to sponsor will be a significant factor in the assessment of the Application for Permanent Residence for your relative(s). A final decision regarding that application shall be made by a visa officer and will be communicated to you and your relative. Instructions regarding the Right to Appeal will be issued as applicable by the visa office. Please note that the Right to Appeal may only be exercised after the visa officer has rendered a final decision.
------------------------------

i became a permanent resident in may 2013
i got married in February 2013

 

[Ponga]

"You have not submitted an application for a member of the family class. You did not declare the applicant to Citizenship and Immigration Canada on your own Application for Permanent Residence or at the time you became permanent resident of Canada"

It looks like you failed to include your spouse (or other member of your family that you are trying to now sponsor) with your original PR application when you landed.

You should have NOT landed and informed CIC that you were married and added your spouse (or family member) to your original PR application. If this is what has happened, you will never be able to sponsor him/her and s/he will need to find another way to become a PR.

 

[alexji]

as at the time i applied for my permanent resident i wasnt married to my spouse

 

[Ponga]

as at the time i applied for my permanent resident i wasnt married to my spouse

But you were on the day that you LANDED. That's why you should have informed them of your marital change. To them, you were landing as a single person, when in fact you were married, right?

 

[alexji]

yes thats true, but do i have any options.

 

[Ponga]

Also, you chose to have the application for your spouse continue, even though you are not approved as a sponsor. Without you as the sponsor, there's pretty much no chance that the sponsored person's application can be approved.

 

[Ponga]

yes thats true, but do i have any options.

None that I am aware of, unfortunately. Perhaps a more senior member can offer you some hope.

 

[scylla]

yes thats true, but do i have any options.

You don't have any other options for spousal sponsorship. If your spouse wants to immigrate to Canada, they will have to qualify independently through the skilled worker, skilled trades, or one of the provincial nominee programs. You cannot sponsor them.

 

[Ponga]

I know we've seen this heartbreaking story here before, but it does seem to be such a drastic penalty for something that could be an innocent mistake...especially if the Visa Officer didn't specifically ask the person (at their landing interview) if their marital status had changed since applying for their own PR.

I know...it's not the Visa Officer's responsibility, but...it's still sad.

 

[alexji]

the visa officer didnt ask me anything about my marital status.

i know this is a serious mistake, but does that mean i cant sponsor my daughter and my spouse again forever.?

 

[Ponga]

the visa officer didnt ask me anything about my marital status.

i know this is a serious mistake, but does that mean i cant sponsor my daughter and my spouse again forever.?

You cannot sponsor your spouse, but you may be able to sponsor your daughter IF she was born AFTER you landed.

 

[scylla]

the visa officer didnt ask me anything about my marital status.

i know this is a serious mistake, but does that mean i cant sponsor my daughter and my spouse again forever.?

It's not the officer's responsibility to ask you about your marital status. It was your responsibility to update your application when your marital status changed.

You can never sponsor your spouse. Whether you can sponsor your daughter depends on when she was born. If she was born before you got PR - then you can never sponsor her either. If she was born after you got PR - then you can still sponsor her (but not your spouse).

 

[Ponga]

The OP should also see if it's possible to stop the application for his spouse to continue processing NOW, as it would would be a waste of money. At least if he can stop it, he'd get his money back (less the $75 for the sponsor approval).

 

[scylla]

The OP should also see if it's possible to stop the application for his spouse to continue processing NOW, as it would would be a waste of money. At least if he can stop it, he'd get his money back (less the $75 for the sponsor approval).

Agreed. He should withdraw the application. Continuing the processing is a waste of money since there is no chance the application will be approved.

 

[zardoz]

The OP is incredibly lucky that they haven't also been reported for misrepresentation, for landing as "single" when they were, in fact, "married". This could have resulted in the OP's PR being revoked.