Spouse Spnsorship

[Muhsaleem]

Hi,

I sponsored my wife through Family Class. I made an unintentional mistake. I was living in Canada, got my PR docs and passport with 1 time entry visa. I went back home and got married. I got married in March and landed back in Canada in April and at that point my PR was issued. So when I filed application for my wife, CIC sent me an email saying that I am ineligible since I didn't declare my wife at the time of becoming PR (I was totally unaware that I had to do that). CIC has forwarded the application to London office because I indicated on my application that I would like to continue my application regardless of ineligibility, but my ineligibility would be a significant in the assessment of the application of my wife. Since this mistake was unintentional, what can I do to now to reduce the chances of rejection.

Thanks!

 

[majesty]

Hi,

I sponsored my wife through Family Class. I made an unintentional mistake. I was living in Canada, got my PR docs and passport with 1 time entry visa. I went back home and got married. I got married in March and landed back in Canada in April and at that point my PR was issued. So when I filed application for my wife, CIC sent me an email saying that I am ineligible since I didn't declare my wife at the time of becoming PR (I was totally unaware that I had to do that). CIC has forwarded the application to London office because I indicated on my application that I would like to continue my application regardless of ineligibility, but my ineligibility would be a significant in the assessment of the application of my wife. Since this mistake was unintentional, what can I do to now to reduce the chances of rejection.

Thanks!

Unfortunately, I think your application will be rejected under the family sponsorship program. Even if you unintentionally did not declare your wife under your PR application, it still stands as misrepresentation. Your wife will have to find another way (apply to another program) to gain entry into Canada.

Other senior members correct me if I am wrong.

 

[KBH]

Unfortunately, if you are ineligible to sponsor, the application will be rejected. Your wife will need to immigrate to Canada through another immigration stream.

 

[Muhsaleem]

Should I wait for the decision or would it be better if I draw my application now. Also, what are the prospects of going into appeal if the application is rejected?

 

[scylla]

Should I wait for the decision or would it be better if I draw my application now. Also, what are the prospects of going into appeal if the application is rejected?

I would withdraw since refusal is guaranteed. There are no grounds for appeal. Since you failed to add your wife to your application before landing - she can never be sponsored.

Two real options at this point: (1) your wife must apply for PR independently through an economic immigration stream like Express Entry; (2) you must officially give up your PR status, leave Canada, and then apply for PR again from scratch - this time including your wife as a dependent in the application.

 

[salis]

People could have different grounds for being ineligible, however, there could be some people that got through despite being ineligible. I mean the option to “continuing sponsorship” process was created for this kind of reason.

You can consult with a lawyer and see if there’s anything they can do for you. Also, reach out to your MP as well. Good luck.

 

[scylla]

People could have different grounds for being ineligible, however, there could be some people that got through despite being ineligible. I mean the option to “continuing sponsorship” process was created for this kind of reason.

You can consult with a lawyer and see if there’s anything they can do for you. Also, reach out to your MP as well. Good luck.

True in some scenarios - but it doesn't apply to this case. Refusal is guaranteed and an appeal will fail as well. Failing to include your spouse prior to landing is a very final act. It permanently excludes the person as a family member and prevents them from ever being sponsored.