Is my spouse application rejected

[jobin.luke]

Hi,

I'm an Indian who become a PR in April 2016 through FSW 2014 program (Not in Express Entry system). I got married in 2017 and applied for temporary visa for my spouse two time. but both applications got rejected saying I should apply for family sponsorship. I applied for sponsorship in Jan 2018 and I left Canada after that. We both are in the UK now and was waiting for the sponsorship to get processed so that we can fly to Canada again. but today I got an update in online account saying "We regret to inform you that you are no longer eligible to be in the pool. Check your messages below for details."

not sure the exact meaning of this statement. i dont see any messages in the online account. Is it a rejection? Can any one help me please.

 

[kcward7]

Hi,

I'm an Indian who become a PR in April 2016 through FSW 2014 program (Not in Express Entry system). I got married in 2017 and applied for temporary visa for my spouse two time. but both applications got rejected saying I should apply for family sponsorship. I applied for sponsorship in Jan 2018 and I left Canada after that. We both are in the UK now and was waiting for the sponsorship to get processed so that we can fly to Canada again. but today I got an update in online account saying "We regret to inform you that you are no longer eligible to be in the pool. Check your messages below for details."

not sure the exact meaning of this statement. i dont see any messages in the online account. Is it a rejection? Can any one help me please.

If you are a PR sponsoring a spouse for residency you must be inside Canada.

 

[paint.thinner]

If you are a PR, I think you should have been in Canada at the time your spousal sponsorship application was being processed. This is probably the reason they said you are no longer eligible to be a sponsor. You should probably move back to Canada, get a full time job if possible and reapply to sponsor your spouse.

 

[jobin.luke]

If you are a PR sponsoring a spouse for residency you must be inside Canada.

ok.. does that mean I need to re apply by paying the fee once again.

 

[kcward7]

ok.. does that mean I need to re apply by paying the fee once again.

Yes. You were correctly refused. PRs have to be in Canada to sponsor.

 

[jobin.luke]

Yes. You were correctly refused. PRs have to be in Canada to sponsor.

Ok. Thanks...
But I had given strong ties such as bank balance, and ownership of a home in Canada when they asked for additional documents. Besides the credit card statements as well as bank statements and mortgage statements were also provided during the processing time. Seems nothing worked out

 

[marpou]

If you want to sponsor someone to Canada, you have to physically be in Canada. It does not matter what ties you have to Canada - if you are not in the country, you are not eligible. It’s pretty straight forward.

 

[jobin.luke]

If you want to sponsor someone to Canada, you have to physically be in Canada. It does not matter what ties you have to Canada - if you are not in the country, you are not eligible. It’s pretty straight forward.

But why this basic check not done while an application is submitted. They were keep on asking more documents to prove ties. If they cant process, they should have mentioned in the checklist itself. Just another way to make money...

also I was there in Canada while application was submitted. After that only I traveled out...

 

[kcward7]

But why this basic check not done while an application is submitted. They were keep on asking more documents to prove ties. If they cant process, they should have mentioned in the checklist itself. Just another way to make money...

also I was there in Canada while application was submitted. After that only I traveled out...

None of this matters. It's not a way to make money, it's pretty clear.

Who can become a sponsor
You can become a sponsor if you are:

• at least 18 years old
• a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident living in Canada:
  • If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative(s) become(s) a permanent resident.
  • You can’t sponsor someone if you are a permanent resident living outside Canada.
• able to prove that you are not receiving social assistance for reasons other than a disability, and;
• can provide for the basic needs of any person you are sponsoring (and in some limited situations, that you meet the low-income cut-off).

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5525-basic-guide-sponsor-your-spouse-partner-child.html

 

[YVR123]

But why this basic check not done while an application is submitted. They were keep on asking more documents to prove ties. If they cant process, they should have mentioned in the checklist itself. Just another way to make money...

also I was there in Canada while application was submitted. After that only I traveled out...

And how long did you "traveled out"?
It's pretty clear in the guide and you are responsible to make sure that you qualify before you apply.
If you withdraw your application before they process and reject it, you could have gotten part of the fee back. I wonder if you have checked the box for continue to proceed if sponsor is not qualify.

 

[kcward7]

But why this basic check not done while an application is submitted. They were keep on asking more documents to prove ties. If they cant process, they should have mentioned in the checklist itself. Just another way to make money...

also I was there in Canada while application was submitted. After that only I traveled out...

In addition to this comment it's not IRCC's job to ensure you are complying with rules. You'll need to reapply from inside Canada and stay there.

 

[jobin.luke]

And how long did you "traveled out"?
It's pretty clear in the guide and you are responsible to make sure that you qualify before you apply.
If you withdraw your application before they process and reject it, you could have gotten part of the fee back. I wonder if you have checked the box for continue to proceed if sponsor is not qualify.

Hi,,
I applied when I was in Canada.. soon after the application is filed, I had to travel out due to my job responsibilities. Seems like I will have to stay in UK for an year more.. Hence I thought I can complete landing formalities for her by travelling from the UK as soon as she receives COPR

 

[Amy mouse]

Only citizens can apply when out of the country I'm so sorry you missed that in the sponsorship rules. You will have to move back too Canada and start over

 

[scylla]

Hi,,
I applied when I was in Canada.. soon after the application is filed, I had to travel out due to my job responsibilities. Seems like I will have to stay in UK for an year more.. Hence I thought I can complete landing formalities for her by travelling from the UK as soon as she receives COPR

No - unfortunately this isn't possible if you are a PR. You must be physically living in Canada for the entire duration of the application processing time. This is why IRCC kept requesting additional information before they refused you. They were looking to confirm where you were living. Now that they've confirmed you're living outside of Canada, the application is going to be refused since you don't meet the requirements to sponsor.

You'll need to wait until you return to live in Canada before you sponsor your wife again. This time you will need to ensure you continue living in Canada while the application is being processed. Occasional short trips (e.g. 2-3 weeks) outside of Canada are OK.

 

[Nkayzee]

If you want to sponsor someone to Canada, you have to physically be in Canada. It does not matter what ties you have to Canada - if you are not in the country, you are not eligible. It’s pretty straight forward.

I think a Canadian citizen can sponsor someone from outside Canada only on the condition that they would move back to Canada when the spouse gets PR. However a permanent resident doesn't have such privileges