Yes it is Procedural fairness. My time line beo
Letter below:
This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.
Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.
Subsection 13(1) of the
Immigration and Refugee Protection Act states that a Canadian citizen or permanent resident may, subject to the regulations, sponsor a foreign national who is a member of the family class.
Subsection 124(a) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada.
Subsection 124(c) of the
Immigration and Refugee Protection Regulations states that
a foreign national is a member of the spouse or common-law partner in Canada class if they are the subject of a sponsorship application.
Section 127 of the
Regulations states that
a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a permanent resident 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.
Subsection 133(1) of the
Regulations states 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
(a) is a sponsor as described in section 130;
Section 130 of the
Regulations states that:
(1) 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 or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10. Case Processing Centre Mississauga Centre de Traitement des Demandes Mississauga Website:
www.cic.gc.ca Site web:
www.cic.gc.ca
I am not satisfied that you have a valid sponsor and are therefore not the subject of a sponsorship in effect. You and your sponsor declared that you were not cohabiting in the same residence in Canada at the time of submitting your application. Your sponsor is therefore ineligible to sponsor your application for permanent residence, as such, you are not a member of the spouse or common-law partner in Canada class and do not have a valid sponsor. Accordingly, you may not meet the requirements of the
Regulations.
Subsection 16(1) of the
Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Subsections 72(1)(c) and 72(1)(d) of the
Regulations indicates that
a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and
they meet the selection criteria and other requirements applicable to that class.
The onus is on you to satisfy me that you have an eligible sponsor and meet the requirements of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within thirty (30) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your application.
Please send the requested information / document(s) to your online IRCC account.
All future inquiries with respect to your application should be sent via the Case Specific Enquiry form at the following link: https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx.
