Plze help.. ineligible sponsor..H & C

[Manal90]

Hello everyone.
I came to Canada 7yrs ago. I applied to become permanent resident within Canada and during the process I got married to my husband overseas.

I absolutely had no idea that I needed to update my change of marital status to CIC. When I was landing at the local CIC office, no one asked me if any changes occurred in my situation.

I got pregnant and filed spouse sponsorship for my husband. I got the letter saying I didn't meet the eligiblity. I was confused and cried days..our application was however transfered to the VO because I chose the continue box.

The application was rejected after only four months. That was in 2015. We never appealed.

Long story short, we had our baby and filled another application based on H&C in Mid 2016. Am alone here I have no family in Canada and have some mental issues. Those were our argument.

We are still waiting, they contacted my husband couple of times requesting documents. Am still not sure if they will approve our application.

I desperately want to be with my husband. My question is do you think we stand a chance? I will very much appreciate your thoughts.

 

[chinesecanadian87]

I don’t know the rules for H&C but under family class if you didn’t disclose him on your original application you committed misrepresentation and will never be able to sponsor him.

 

[Manal90]

I don’t know the rules for H&C but under family class if you didn’t disclose him on your original application you committed misrepresentation and will never be able to sponsor him.

I Know that..but we already reapplied 20months ago and still waiting. You

 

[Miraclejj]

I Know that..but we already reapplied 20months ago and still waiting. You

So, what part of "you cannot sponsor him forever" that you don't understand? It does no matter how many times you reapply, your husband has been excluded as your family member forever, due to the misrepresentation you made.

 

[Manal90]

So, what part of "you cannot sponsor him forever" that you don't understand? It does no matter how many times you reapply, your husband has been excluded as your family member forever, due to the misrepresentation you made.

Our application is in process now for the last 20months..my question was if they already started processing and even asked us more documents like schedule A, is there a chance he could be refused?

 

[Rob_TO]

Hello everyone.
I came to Canada 7yrs ago. I applied to become permanent resident within Canada and during the process I got married to my husband overseas.

I absolutely had no idea that I needed to update my change of marital status to CIC. When I was landing at the local CIC office, no one asked me if any changes occurred in my situation.

I got pregnant and filed spouse sponsorship for my husband. I got the letter saying I didn't meet the eligiblity. I was confused and cried days..our application was however transfered to the VO because I chose the continue box.

The application was rejected after only four months. That was in 2015. We never appealed.

Long story short, we had our baby and filled another application based on H&C in Mid 2016. Am alone here I have no family in Canada and have some mental issues. Those were our argument.

We are still waiting, they contacted my husband couple of times requesting documents. Am still not sure if they will approve our application.

I desperately want to be with my husband. My question is do you think we stand a chance? I will very much appreciate your thoughts.

Did you submit a H&C app for him while he was in Canada? Or you submitted a new spousal app but indicated all the H&C reasons with it?

Regardless what you did, I would expect possibility of another rejection after which you'd need to file an official appeal. These things are impossible to predict as sometimes a lenient visa officer or appeal judge could decide in your favor. Really absolutely nobody here will be able to tell you for certain. You just need to continue as you are, and hope for the best.

 

[scylla]

The most likely outcome is another refusal.

I would recommend your husband focus on applying for PR independently through an economic stream. He can do this in parallel with the spousal sponsorship application.

 

[Manal90]

Did you submit a H&C app for him while he was in Canada? Or you submitted a new spousal app but indicated all the H&C reasons with it?

Regardless what you did, I would expect possibility of another rejection after which you'd need to file an official appeal. These things are impossible to predict as sometimes a lenient visa officer or appeal judge could decide in your favor. Really absolutely nobody here will be able to tell you for certain. You just need to continue as you are, and hope for the best.

My husband never came to Canada. I filled regular family sponsorship application and included H&C documents. But it's being 20 months since we sent the application. The VO requested more documents. I have a hope because our first application took only 4 months before they rejected it. I don't think they would keep it that long and still refuse it. We also have some strong H&C case.

 

[scylla]

My husband never came to Canada. I filled regular family sponsorship application and included H&C documents. But it's being 20 months since we sent the application. The VO requested more documents. I have a hope because our first application took only 4 months before they rejected it. I don't think they would keep it that long and still refuse it. We also have some strong H&C case.

It's taking longer because you requested an H&C review and this means CIC is required to go through additional steps and complete additional reviews. The most likely outcome is still refusal. You should be prepared for that and have a solid 'plan B'.

 

[Manal90]

It's taking longer because you requested an H&C review and this means CIC is required to go through additional steps and complete additional reviews. The most likely outcome is still refusal. You should be prepared for that and have a solid 'plan B'.

We have no plan B in place and will absolutely be devastated if they refuse us again. I think there's a reason why section 25 is there. We didn't just write a letter asking for exemption, we gathered tons of documents with help of lawyer and outlined all the H&C factors. Main one being best interest of our children specially since I have some mental health issue. My psychiatrist also wrote us a report. Unless the officer is heartless, our application deserves a approval.

 

[Rob_TO]

We have no plan B in place and will absolutely be devastated if they refuse us again. I think there's a reason why section 25 is there. We didn't just write a letter asking for exemption, we gathered tons of documents with help of lawyer and outlined all the H&C factors. Main one being best interest of our children specially since I have some mental health issue. My psychiatrist also wrote us a report. Unless the officer is heartless, our application deserves a approval.

There is a chance of approval, that is what H&C if for.
However there is also a chance of rejection. In this case, your plan B would be an appeal.
Best of luck on your current app.

 

[Manal90]

There is a chance of approval, that is what H&C if for.
However there is also a chance of rejection. In this case, your plan B would be an appeal.
Best of luck on your current app.

Thank you. Will keep you updated.

 

[ahmedwaly]

There is some question here may lead to different results, you married after was already landed in Canada but did not tell government of marriage or you married during process of your PR?
If married after being PR already I think is ok but your sponsorship refusal is based on other factors like income or so only they are upset as you did not change your marital statues on the spot as if have baby but no birth certificate they mostly make you pay penalty for late registration , if married during process of your own PR then is a problem.
In general as they have reached stage of more documents seems good sign as if they wanted to refuse based on old application they will refuse so fast.
I hope the best for you but you may need to consult a lawyer too , wish you best of luck in the process and your family get reunited soon.

 

[Manal90]

There is some question here may lead to different results, you married after was already landed in Canada but did not tell government of marriage or you married during process of your PR?
If married after being PR already I think is ok but your sponsorship refusal is based on other factors like income or so only they are upset as you did not change your marital statues on the spot as if have baby but no birth certificate they mostly make you pay penalty for late registration , if married during process of your own PR then is a problem.
In general as they have reached stage of more documents seems good sign as if they wanted to refuse based on old application they will refuse so fast.
I hope the best for you but you may need to consult a lawyer too , wish you best of luck in the process and your family get reunited soon.

I got married 8 months after I applied for my own PR, but I was already in Canada. I never updated my change of marital status as I didn't know I had to. Thanks for your wishes

 

[Manal90]

There is a chance of approval, that is what H&C if for.
However there is also a chance of rejection. In this case, your plan B would be an appeal.
Best of luck on your current app.

I forgot to mention that my husband got a procedural Fairness letter 7months ago but was completely unrelated to my ineligibility. They didn't believe some documents were authentic as they were missing stamps. my husband corrected them and sent it back haven't heard from them since.