- Jun 26, 2015
- 22
- Category........
- Visa Office......
- LVO
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 14-11-2014
- File Transfer...
- 14-01-2015
- Med's Request
- 27-08-2015
- Med's Done....
- 08-09-2015
- Passport Req..
- 29-09-2015
- VISA ISSUED...
- 21-10-2015
- LANDED..........
- 06-02-2016
This letter refers to your permanent resident status in Canada which is currently under review at this office.
You were granted permanent residence status in Canada, based on an Application and Undertaking submitted by your sponsor. We have reason to believe that you may have misrepresented your relationship with that sponsor in order to gain status as a permanent resident of Canada. Information received alleges that you have left your spouse/sponsor shortly after receiving permanent resident status in Canada. It also alleges that you have divorced your spouse/sponsor and remarried to someone else in Pakistan in 2016.
It is alleged that you may be inadmissible to Canada under section 40 of the Immigration and Refugee Protection Act, specifically:
40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
Regulation 4 of the Act states:
4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership
(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
b) is not genuine.
You are requested to provide the following;
· Please provide a detailed account of what happened with your marriage to your sponsor including:
o How and when you met and when you decided to marry
o The circumstances that led to the breakdown of this marriage, to explain why and when your relationship ended, if applicable
o Any efforts that were made to save your marriage
· Provide evidence to support that you were in a genuine relationship before and after the date you became a permanent resident of Canada.
· Please provide us with any documents you would like considered to show that your marriage was not entered into solely for immigration purposes.
· Any other information/documents you wish to submit.
Please send the requested information/documents to this office within forty-five (45) days of the date of this letter. If you do not, a decision will be made based on the information available on your file. Should you not comply with the above request, a determination that you have not complied, could be made. Furthermore, this may result in the preparation of a section 44 report for non-compliance and may be referred to the Immigration Division of the Immigration and Refugee Board for an admissibility hearing and subsequent issuance of a removal order, if applicable.
A decision to allow you to remain in Canada or to seek to have a removal order issued against you will be made in the near future. The next step in this process is to conduct a review of the circumstances of your case. If an opinion is made that your case should be referred for review by the Immigration and Refugee Board, a report will be written and, along with the details of your case, will be forwarded for review.
You may make a written submission providing reasons why a removal order should not be sought. The submission may include details relevant to your case, including, but not limited to your age at the time you acquired permanent residence; your length of residence in Canada; the location of family support and responsibilities; the conditions in your home country; your degree of establishment; your criminal history; any history of non-compliance and your current attitude; and any other relevant factors.
You should be aware that this office may obtain information on these and other factors from other sources, such as reports prepared by other enforcement agencies. You may wish to address your history with other agencies in your submissions.
You were granted permanent residence status in Canada, based on an Application and Undertaking submitted by your sponsor. We have reason to believe that you may have misrepresented your relationship with that sponsor in order to gain status as a permanent resident of Canada. Information received alleges that you have left your spouse/sponsor shortly after receiving permanent resident status in Canada. It also alleges that you have divorced your spouse/sponsor and remarried to someone else in Pakistan in 2016.
It is alleged that you may be inadmissible to Canada under section 40 of the Immigration and Refugee Protection Act, specifically:
40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
Regulation 4 of the Act states:
4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership
(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
b) is not genuine.
You are requested to provide the following;
· Please provide a detailed account of what happened with your marriage to your sponsor including:
o How and when you met and when you decided to marry
o The circumstances that led to the breakdown of this marriage, to explain why and when your relationship ended, if applicable
o Any efforts that were made to save your marriage
· Provide evidence to support that you were in a genuine relationship before and after the date you became a permanent resident of Canada.
- If your marriage to your spouse ended, please include the date of your actual separation and the reasons for the marriage breakdown.
- Provide a copy of the full separation or divorce proceedings between you and your spouse showing exactly when the date of separation occurred.
- Please provide details regarding any children involved in the relationship, including their dates of birth, country of birth and a copy of the long form birth certificate for each child.
· Please provide us with any documents you would like considered to show that your marriage was not entered into solely for immigration purposes.
· Any other information/documents you wish to submit.
Please send the requested information/documents to this office within forty-five (45) days of the date of this letter. If you do not, a decision will be made based on the information available on your file. Should you not comply with the above request, a determination that you have not complied, could be made. Furthermore, this may result in the preparation of a section 44 report for non-compliance and may be referred to the Immigration Division of the Immigration and Refugee Board for an admissibility hearing and subsequent issuance of a removal order, if applicable.
A decision to allow you to remain in Canada or to seek to have a removal order issued against you will be made in the near future. The next step in this process is to conduct a review of the circumstances of your case. If an opinion is made that your case should be referred for review by the Immigration and Refugee Board, a report will be written and, along with the details of your case, will be forwarded for review.
You may make a written submission providing reasons why a removal order should not be sought. The submission may include details relevant to your case, including, but not limited to your age at the time you acquired permanent residence; your length of residence in Canada; the location of family support and responsibilities; the conditions in your home country; your degree of establishment; your criminal history; any history of non-compliance and your current attitude; and any other relevant factors.
You should be aware that this office may obtain information on these and other factors from other sources, such as reports prepared by other enforcement agencies. You may wish to address your history with other agencies in your submissions.
