Sponsor's ineligibility

[Cuddlypot]

Is there any chance for us to be reunite as one family in canada? Background
2011 my husband whole family immigrate to canda as PR thru family sponsorship
Sponsor ( her eledest sistet living in canda)
Principal applicant (her mother ) along with her father
Dependant (1. my husband - were living in that time for 4 years w/ 1 child =which he did not declared instructed by her sister had a fear of he might not approved)
(2. His younger brother 19 single)

09/2015 my husband arrival from canada after 4 years and then we got married
10/2015 my husband go back to canada
11/2015 application filed in missisuaga for spousal sponsorship (me) along w/ our son
1/2016 email cic started processing the app.
2/2016 letter of sponsors ineligibility for reg. 117(9)(d)
At this point were just waiting for the refusal letter although they told that they still continue the app for a relaticve PR app and no final decision made but i doubt it to be approved coz ineligibility is a big factor for me as a spouse to be sponsored by my husband as well as our child.
What to do? Advise please.

 

[scylla]

Two options for you to be reunited as a family in Canada:

1) Your husband gives up his PR status and returns to his home country. You apply as a family for PR from scratch through one of the economic immigration streams like Express Entry.
2) You apply for PR on your own (listing your child as a dependent) through one of the economic immigration streams like Express Entry.

 

[scylla]

Just to add - your husband obtained PR fraudulently by misrepresenting his status. He was not entitled to obtain PR as part of his mother's application since he was in a common law relationship with you. While it probably won't happen, there is some possibility CIC may re-open his case and decide to revoke his PR status due to this misrepresentation.

 

[Cuddlypot]

Yeah i know that based on my research misrepresentation is a lifetime bar for sponsorship. But during those time we have no idea about that rrgulation coz her sister did all the application he just instructed to do so. We just found out now that it is a bery serious matter. I heard about humanitarian consideration does it help? How about if we appeal any chance or just withdraw?

 

[scylla]

Misrepresentation is not a lifetime bar. You are confusing Canada with the US.

There are no grounds for appeal since the application was correctly refused. You should expect that going the H&C route will end in refusal (not sure H&C is even possible since technically you and your son are no longer classified as members of your husband's family as a result of his failure to declare you) - and all that will do is highlight the fact that your husband obtained his own PR status through immigration fraud.

Again, your only realistic options are the two I listed in my original reply.

 

[Cuddlypot]

So we must withdraw the application? Since the sponsorship has been refused how about tmy permanent residency appication ? They said they will
Continue to process that for consideration will it end up to refusal also coz of my sponsor ineligibility? Well at this point theres still no final decision made what do u think?

 

[scylla]

Yes - I would withdraw the application. There is no point proceeding and that way you should get some of your fees refunded.

 

[Rob_TO]

So we must withdraw the application? Since the sponsorship has been refused how about tmy permanent residency appication ? They said they will
Continue to process that for consideration will it end up to refusal also coz of my sponsor ineligibility? Well at this point theres still no final decision made what do u think?

Your husband and his family committed misrepresentation in order to get him PR status. He should never have qualified to get his PR in the first place.
So the longer you have your app with CIC and they are looking at it, the more chance there is that someone will decide to investigate this misrepresentation and revoke his PR status.

There is no chance your app will be approved. The only reason it's continuing now is you selected "continue with application if sponsor is ineligible" when filling out the app, instead of to stop processing right there.
And there is pretty much no chance any appeal would be successful. Neither you nor your child can ever be sponsored by your husband to Canada ever, so your only 2 options are exactly as was mentioned above. Either you qualify and apply for PR independently (i.e. as skilled worker) or your husband renounces his own PR status and leaves Canada, and he tries to qualify under an existing immigration stream.

 

[alexian14]

Is there any chance for us to be reunite as one family in canada? Background
2011 my husband whole family immigrate to canda as PR thru family sponsorship
Sponsor ( her eledest sistet living in canda)
Principal applicant (her mother ) along with her father
Dependant (1. my husband - were living in that time for 4 years w/ 1 child =which he did not declared instructed by her sister had a fear of he might not approved)
(2. His younger brother 19 single)

09/2015 my husband arrival from canada after 4 years and then we got married
10/2015 my husband go back to canada
11/2015 application filed in missisuaga for spousal sponsorship (me) along w/ our son
1/2016 email cic started processing the app.
2/2016 letter of sponsors ineligibility for reg. 117(9)(d)
At this point were just waiting for the refusal letter although they told that they still continue the app for a relaticve PR app and no final decision made but i doubt it to be approved coz ineligibility is a big factor for me as a spouse to be sponsored by my husband as well as our child.
What to do? Advise please.

hi we have the same situation. are you able to go canada?