Received the letter on Feb 9,2019
- Thread starter Josiah17
- Start date
Your link doesnt work. Try maybe copy-paste
Aug 2018
This is with respect to your application for a permanent resident visa as a member of the family class, the class in which you applied.
A preliminary review of your file, based on the information and documentation you have submitted to date, raises concerns that you may 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, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations establishes the circumstances under which a person may be excluded from the Family Class, notwithstanding their personal relationship to their sponsor. Specifically, the Regulations state:
117(9)(d) A foreign national shall not be considered a member of the family class by virtue
of their relationship to a sponsor if, subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Based on the information you have presented to this office, it would appear you fall within the exclusion established by this provision. You and your sponsor both declared that you were in a common-law relationship since the start of 2010. Information you provided on your respective IMM forms support that you and your sponsor lived in the same address before she left for Canada in 2013 however it appears you were not declared or examined when your sponsor applied for and subsequently obtained permanent residence in Canada.
Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond to this concern.
If your sponsor can demonstrate that you were declared as a family member and examined at the time of her application for permanent residence, it may be possible to proceed with your application. One way of demonstrating that you were declared as a family member would be to provide a copy of your sponsor’s application for permanent residence. If your sponsor does not have personal records, she may wish to contact any representative who might have assisted in their application and retained a copy of their file. Please note that this office cannot provide any assistance with this process.
Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration in response to the concerns identified above must be received at our office within 30 days of the date of this letter.
At the end of this period, your file will be examined by a migration officer. The officer will review your file and will make a decision on the application, taking into consideration all of the facts, circumstances and submissions before him/her. This will, of course, include your response (if any) to the concerns identified above and any additional documentation you have submitted. If you choose not to respond, the officer will make a decision on the basis of the information before him/her.
Please be aware that as a result of the identified exclusion issue, failure to provide any additional submissions will likely result in the refusal of your application for permanent residence.
Please ensure that you quote the file number indicated at the top of this letter on any information you submit.
Feb 2019
This is with respect to your application for a permanent resident visa as a member of the family class. I have now completed the assessment of your application and I have determined 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, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations states that a foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if the sponsor previously made an application for permanent residence and became a permanent resident, and at the time of that application the foreign national was a non-accompanying family member of the sponsor and was not examined.
Your sponsor was granted permanent residence on September 5, 2013; at that time, she declared herself as single with no dependents. However, on your present application you and your sponsor declared having cohabited from January 2010 until your sponsor left for Canada in September 2013. Since this period of cohabitation was over year, you were common-law partners as defined by the Immigration and Refugee Protection Regulations. However you were neither declared nor examined as part of your sponsor’s application for permanent residence.
You and your sponsor were provided an opportunity, by way of a letter dated August 13, 2018, to respond to concerns that you may be excluded as a member of the family class. I have carefully reviewed your responses, however, I am still not satisfied that you are a member of family class pursuant to paragraph 117(9)(d) of the Regulation.
After careful consideration of the information before me, I also find that there are insufficient humanitarian and compassionate grounds to warrant relief from the provisions of R117(9)(d).
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 may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. I am therefore refusing your application.
I am notifying your sponsor of the appeal provisions of the Immigration and Refugee Protection Act. I am using the last known email address for your sponsor:
This is with respect to your application for a permanent resident visa as a member of the family class, the class in which you applied.
A preliminary review of your file, based on the information and documentation you have submitted to date, raises concerns that you may 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, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations establishes the circumstances under which a person may be excluded from the Family Class, notwithstanding their personal relationship to their sponsor. Specifically, the Regulations state:
117(9)(d) A foreign national shall not be considered a member of the family class by virtue
of their relationship to a sponsor if, subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Based on the information you have presented to this office, it would appear you fall within the exclusion established by this provision. You and your sponsor both declared that you were in a common-law relationship since the start of 2010. Information you provided on your respective IMM forms support that you and your sponsor lived in the same address before she left for Canada in 2013 however it appears you were not declared or examined when your sponsor applied for and subsequently obtained permanent residence in Canada.
Before an officer proceeds to a final decision, we would like to offer you the opportunity to respond to this concern.
If your sponsor can demonstrate that you were declared as a family member and examined at the time of her application for permanent residence, it may be possible to proceed with your application. One way of demonstrating that you were declared as a family member would be to provide a copy of your sponsor’s application for permanent residence. If your sponsor does not have personal records, she may wish to contact any representative who might have assisted in their application and retained a copy of their file. Please note that this office cannot provide any assistance with this process.
Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration in response to the concerns identified above must be received at our office within 30 days of the date of this letter.
At the end of this period, your file will be examined by a migration officer. The officer will review your file and will make a decision on the application, taking into consideration all of the facts, circumstances and submissions before him/her. This will, of course, include your response (if any) to the concerns identified above and any additional documentation you have submitted. If you choose not to respond, the officer will make a decision on the basis of the information before him/her.
Please be aware that as a result of the identified exclusion issue, failure to provide any additional submissions will likely result in the refusal of your application for permanent residence.
Please ensure that you quote the file number indicated at the top of this letter on any information you submit.
Feb 2019
This is with respect to your application for a permanent resident visa as a member of the family class. I have now completed the assessment of your application and I have determined 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, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations states that a foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if the sponsor previously made an application for permanent residence and became a permanent resident, and at the time of that application the foreign national was a non-accompanying family member of the sponsor and was not examined.
Your sponsor was granted permanent residence on September 5, 2013; at that time, she declared herself as single with no dependents. However, on your present application you and your sponsor declared having cohabited from January 2010 until your sponsor left for Canada in September 2013. Since this period of cohabitation was over year, you were common-law partners as defined by the Immigration and Refugee Protection Regulations. However you were neither declared nor examined as part of your sponsor’s application for permanent residence.
You and your sponsor were provided an opportunity, by way of a letter dated August 13, 2018, to respond to concerns that you may be excluded as a member of the family class. I have carefully reviewed your responses, however, I am still not satisfied that you are a member of family class pursuant to paragraph 117(9)(d) of the Regulation.
After careful consideration of the information before me, I also find that there are insufficient humanitarian and compassionate grounds to warrant relief from the provisions of R117(9)(d).
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 may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. I am therefore refusing your application.
I am notifying your sponsor of the appeal provisions of the Immigration and Refugee Protection Act. I am using the last known email address for your sponsor:
The app was refused because you didnt declare your common in law relationship when you got your PR. Unfortunately there is nothing you can do. You will never be able to sponsor him because of that.
Save your time and your money and dont waste it on the appeal. It will be rejected (and your lawyer should know that).
Im afraid you will have to find another way for him to come to Canada on his own (PNP, EE, student etc).
Sorry.
Save your time and your money and dont waste it on the appeal. It will be rejected (and your lawyer should know that).
Im afraid you will have to find another way for him to come to Canada on his own (PNP, EE, student etc).
Sorry.
I knew it, thank you so much. That’s why now I’m trying to find an employer for him with lmia. I will not gonna do the appeal.
That's the right thing to do - he will have to qualify for PR on his own. An appeal will fail.
Good luck.
No - it doesn't make a difference. You can never sponsor him.
I’m sorry that you have to go through this distress ! It brings tears to my eyes .. nothing is harder than being away from our loved ones ! Don’t give up I’m pretty sure there is another way to get him to Canada .. if u need free answers regarding this matter plz go to one of the governmental organizations like the centre of education and training or Dixie Bloor neighbourhood if u are currently residing in Toronto .. they offer amazing one to one sessions that would cover all of your concerns ..
Good luck dear
And remember if there is a will .. there is a way
Good luck dear
And remember if there is a will .. there is a way
Thanks! Theres lot on my plate right now and This is what I scared the most then it happened. I lived in manitoba. I’m on mixed emotions right now. Good thing I tried this forum. I got the answers that I wanted to know. Thanks all.
Longroadtoimmigration
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Hello,
Everyone... I’am trying to get my husband to apply on EE. Here in Manitoba, he have to do the express of his interest.
One question asking on online is are you married with canadian citizen or PR. When you said Yes it will turn out You’re not eligible applying MPNP. help please
Everyone... I’am trying to get my husband to apply on EE. Here in Manitoba, he have to do the express of his interest.
One question asking on online is are you married with canadian citizen or PR. When you said Yes it will turn out You’re not eligible applying MPNP. help please