Need advice
Hi ,
My wife is Canadian PR holder and I am working in US on H1B visa. We got married in April 2107 (in Canada) and I applied for PR under family sponsorship class. My process got delayed because it took time for me to get background check letter from FBI US ( FBI takes 3-4 months to process background check).
My wife went to India in October 2017 and I joined her in Feb 2018. We had our traditional Indian marriage in India. We both came to US in March 2018.
We both want to get relocate to Canada together after receiving my PR.
But today I have received below letter from CIC.
"
I have reviewed your application for a permanent resident visa as a member of the family class. I have
concerns that you do not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be
selected as a member of the family class on the basis of their relationship as the spouse, commonlaw
partner, child, parent or other prescribed family member of a Canadian citizen or permanent
resident.
Section 120 of the Immigration and Refugee Protection Regulations states that:
(a) a permanent resident visa shall not be issued to a foreign national who makes an application as a
member of the family class or to their accompanying family members unless a sponsorship
undertaking in respect of the foreign national and those family members is in effect, and
(b) a foreign national who makes an application as a member of the family class and their
accompanying family members shall not become permanent residents unless a sponsorship
undertaking in respect of the foreign national and those family members is in effect and the sponsor
who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.
Paragraph 133(1)(a) of the Regulations states (in part) that a sponsorship application shall only be
approved by an officer if, on the day on which the application was filed and from that day until the day
a decision is made with respect to the application, there is evidence that the sponsor is a sponsor as
described in section 130.
Paragraph 130(1)(b) states that, subject to subsections (2) and (3), a sponsor, for the purpose of
sponsoring a foreign national who makes an application for a permanent resident visa as a member of
the family class must be a Canadian citizen or permanent resident who resides in Canada.
Based on the information you have provided, I am not satisfied that your sponsor resides in Canada
from the day on which the application was filed up to now.
Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an
officer for a visa or any other document required by the regulations. The visa or document shall be
issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible
and meets the requirements of this Act.
The onus is on you to satisfy me that an immigrant visa can be issued to you. I would therefore
request that you send any information or documents which you consider might respond to this
concern within thirty (30) days. "
Please if any one can help me out what should we do in this situation? As per my understanding CIC want us to provide proof of our intent to return to Canada. Please correct me if I am wrong. Any suggestion would help us.
Hi ,
My wife is Canadian PR holder and I am working in US on H1B visa. We got married in April 2107 (in Canada) and I applied for PR under family sponsorship class. My process got delayed because it took time for me to get background check letter from FBI US ( FBI takes 3-4 months to process background check).
My wife went to India in October 2017 and I joined her in Feb 2018. We had our traditional Indian marriage in India. We both came to US in March 2018.
We both want to get relocate to Canada together after receiving my PR.
But today I have received below letter from CIC.
"
I have reviewed your application for a permanent resident visa as a member of the family class. I have
concerns that you do not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be
selected as a member of the family class on the basis of their relationship as the spouse, commonlaw
partner, child, parent or other prescribed family member of a Canadian citizen or permanent
resident.
Section 120 of the Immigration and Refugee Protection Regulations states that:
(a) a permanent resident visa shall not be issued to a foreign national who makes an application as a
member of the family class or to their accompanying family members unless a sponsorship
undertaking in respect of the foreign national and those family members is in effect, and
(b) a foreign national who makes an application as a member of the family class and their
accompanying family members shall not become permanent residents unless a sponsorship
undertaking in respect of the foreign national and those family members is in effect and the sponsor
who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.
Paragraph 133(1)(a) of the Regulations states (in part) that a sponsorship application shall only be
approved by an officer if, on the day on which the application was filed and from that day until the day
a decision is made with respect to the application, there is evidence that the sponsor is a sponsor as
described in section 130.
Paragraph 130(1)(b) states that, subject to subsections (2) and (3), a sponsor, for the purpose of
sponsoring a foreign national who makes an application for a permanent resident visa as a member of
the family class must be a Canadian citizen or permanent resident who resides in Canada.
Based on the information you have provided, I am not satisfied that your sponsor resides in Canada
from the day on which the application was filed up to now.
Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an
officer for a visa or any other document required by the regulations. The visa or document shall be
issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible
and meets the requirements of this Act.
The onus is on you to satisfy me that an immigrant visa can be issued to you. I would therefore
request that you send any information or documents which you consider might respond to this
concern within thirty (30) days. "
Please if any one can help me out what should we do in this situation? As per my understanding CIC want us to provide proof of our intent to return to Canada. Please correct me if I am wrong. Any suggestion would help us.
