when i had my PR i didint declare my husband i tried to sponsor him 2x but it was denied due to they dont see that he is my family.....2015 i received a letter from immigration that i misrepresnt my husband so i have to explain why....2017 dec i got a call from immigration for intervie to explain myself for they almost rebooked my PR im lucky because they give me a chance and now i am waiting for my oath taking for citizenship...is their any chance i can sponsor my husband again to come here to canada to stay with me thank you
misrepresentation
- Thread starter domayan
- Start date
It doesn't matter how long, because her husband has been excluded as her family member forever.
She cannot sponsor her husband under spousal sponsorship under any circumstances, and it is a life ban.
Did you applied under H&C for your spouse? There might be a chance for approval if you have a solid ground.
We are in the same boat but CIC never contacted me regarding misrepresentation as mine was not deliberate and not married when I sent my PR app and I was already living in Canada but had no Idea that I suppose to update my marital status. My husband was denied once in 2015. but we applied again under H&C 20 months ago and still waiting, hopefully, most likely they will approve.
Good luck
We are in the same boat but CIC never contacted me regarding misrepresentation as mine was not deliberate and not married when I sent my PR app and I was already living in Canada but had no Idea that I suppose to update my marital status. My husband was denied once in 2015. but we applied again under H&C 20 months ago and still waiting, hopefully, most likely they will approve.
Good luck
H&C has an extremely low success rate (probably less than 1 in 10) and requires specific criteria to be successful, specifically the exclusion of other family members. As the spouse wasn't included in the original application, they are no longer considered a family member. This makes the process significantly more difficult, as the spouse technically doesn't fall into the category for consideration. The process is slow and obscure and generally doesn't favour those who apply. It would likely be a better choice to attempt other means of immigration before even attempting an H&C.
What he did is an offense to the IRCC 177 (9) (d), and it is the most harsh code of Canadian Immigration law.
Section 117(9)(d) of the Immigration and Refugee Protection Regulations imposes a lifelong sponsorship ban on family members who were not examined at the time of the sponsor’s immigration to Canada. Although R.117(9)(d) affects all categories of immigrants, it has a disproportionately negative effect on refugees and vulnerable migrants who fail to disclose a family member. Their reasons for doing so include fear of endangering the family member, gender-based oppression, lack of information, and unexpected life events. The regime set out in R.117(9)(d) is overbroad, excessive, and inflicts devastating harm on vulnerable people, especially children.
Section 117(9)(d) of the Immigration and Refugee Protection Regulations imposes a lifelong sponsorship ban on family members who were not examined at the time of the sponsor’s immigration to Canada. Although R.117(9)(d) affects all categories of immigrants, it has a disproportionately negative effect on refugees and vulnerable migrants who fail to disclose a family member. Their reasons for doing so include fear of endangering the family member, gender-based oppression, lack of information, and unexpected life events. The regime set out in R.117(9)(d) is overbroad, excessive, and inflicts devastating harm on vulnerable people, especially children.
If there is a children involve, they will look at their best interest which is to have both parents in their lives.in Our case, we have a children born in Canada and that was the main ground among other things..Now they are conducting my husband's background check and I don't think they will deny
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Not really. And in order to file H&C, his wife has to be physically in Canada for a starter. Second, I have seen numerous cases from Canadian Immigration Court that by having a child is only one of the positive factor that will be favor to the appellant, and unfortunately, in the majority of the cases, it is not a decisive factor. In order to be approved with H&C, you have to demonstrate your exceptional personal character, the involvement and contribution to the Canadian societies and extreme hardship, should your case be dismissed and you will be deported to your country of origin. Please be noted, economic and relocation difficulties reasons will not be considered as valid evidences of extreme hardship.
So, the H&C ground for his wife isn't look good.
i receive the letter aug 2015 and got interview dec 2017 and had the decision jan 6 2018....and it says investatgation is closed....[/QUOTE]
After you applied for your husband, How long did it took before the Visa office rejected it? Our first application took only for 4months before they refused it.