ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ

[scylla]

I got visa April 28 2016
I got married May 25 2016
She got pregnant in June 2016
I landed on August 03 2016
She got birth after I moved to Canada in February 2017

You were correctly refused unfortunately. You were obligated to notify IRCC once you got married in May and it was mandatory that you add your wife to your application. You should not have used your PR visa to land since it was issued to you when you were single. You were required to add your wife to your application and wait for IRCC to issue a new COPR to you. Unfortunately there is no point appealing. The appeal will be refused as well.

How did you get your PR status? Any chance it was through family sponsorship (i.e. you were a dependent in your parents' application)? If so, there is a pilot program starting that may help you. If you immigrated through an economic immigration program (e.g. FSW) - then you are out of luck. You'll never be able to sponsor your wife.

 

[scylla]

I updated it on Canada revenue website and I have been filling my tax return since 2016 with my wife

Unfortunately this doesn't make a difference. The issue is that you landed using a COPR issued to you when you were single. You failed to declare your spouse before landing. This means you will never be eligible to sponsor her.

Your wife will have to qualify for PR through an economic immigration stream on her own (she cannot claim any points for you). Alernatively, if she cannot qualify on her own, your only other option would be to renounce your PR status, leave Canada and reapply for PR again from scratch - this time including your wife in the application.

Don't appeal - it's a lost cause. You'll only waste more time and money.

 

[Buletruck]

Thank you for discouraging me .

As noted, you failed to include your spouse in your application before you became a PR. Because of that and that she wasn’t medically examined, she is no longer considered a member of the family class (your child may be eligible). She will either need to qualify on her own or you can renounce your PR and apply again with your family. You can appeal, but the chances of being successful are nonexistent. Many cases where the court support IRCC position onthis policy.

 

[Braveos]

Thank you for discouraging me .

Everyone here are just putting their two cents on your situation based on what they have heard and seen. Please talk to a lawyer who is knowledgeable on these rules and regulations - he would be better to guide you on what to do. Good luck

 

[Buletruck]

Some of what we have heard or seen that help with our 2 cents are Federal Court records in similar cases (like the one below) that shape our comments. It’s not just arbitrary, flippant comments. Definitely engage a lawyer, but history from the courts gives a strong indication where it will go.

https://www.canlii.org/en/ca/irb/doc/2019/2019canlii37424/2019canlii37424.html?searchUrlHash=AAAAAQAKVW5kZWNsYXJlZAAAAAAB&resultIndex=5

 

[Ana Paula]

Good morning, this form that the immigration sends to take us to the doctor, the doctor has to fill and I send to the immigration. please answer me.

 

[malicia]

B

I am sorry to hear about the refusal. But may I ask when was the date of your landing in Canada as a pr? I read here quite many cases when people failed to declare their spouse and family members, in the future they were not able to sponsor them. If you applied in 2015, when exactly was the date of landing? Was it before marriage or after?
This is what I have found on CIC website. Hope it will help you to start your appeal...
https://irb-cisr.gc.ca/en/filing-immigration-appeal/Pages/immapp-a1.aspx

But Canada immgartion just bring out a law that if you didn’t put your kids or spouse on your application you can now go ahead and sponsor them you can look into it

 

[malicia]

Good morning, this form that the immigration sends to take us to the doctor, the doctor has to fill and I send to the immigration. please answer me.

You have to carry the paper that immgartion send to you to the doctor he fill in the part that require by him and the doctor have to send the form to immigration that’s what they require us to do

 

[malicia]

Can someone help me. Why does immigration ask for your family members medicals if they aren't accompanying you to Canada?!
I am so confused.

to see if that person is sponsor able in the future that’s what my lawyer told me

 

[Buletruck]

But Canada immgartion just bring out a law that if you didn’t put your kids or spouse on your application you can now go ahead and sponsor them you can look into it

They have, but it is for a very specific group (refugees). It doesn’t,IMO apply to you. You can certainly look into it, but I believe you will find you do t fall into that category.

 

[Zeehiw]

It is not clear, because the minster says we are sorry about that heart break regulation .I am seriously looking more information about it but I can’t get more information

 

[Terri&Elyas]

Does IRCC contact the schools and works you listed on Schedule A forms?

 

[malicia]

They have, but it is for a very specific group (refugees). It doesn’t,IMO apply to you. You can certainly look into it, but I believe you will find you do t fall into that category.

Ok

 

[robinjig]

Unfortunately this doesn't make a difference. The issue is that you landed using a COPR issued to you when you were single. You failed to declare your spouse before landing. This means you will never be eligible to sponsor her.

Your wife will have to qualify for PR through an economic immigration stream on her own (she cannot claim any points for you). Alernatively, if she cannot qualify on her own, your only other option would be to renounce your PR status, leave Canada and reapply for PR again from scratch - this time including your wife in the application.

Don't appeal - it's a lost cause. You'll only waste more time and money.

Hi, pls review this case where applicant didn't declare spouse and child and received rejection. At federal court judicial review they were allowed to sponsor them. I haven't check many case but this is one. I think it is good to give it a try.

http://canlii.ca/t/23nrl

Thanks

 

[robinjig]

Hi, pls review this case where applicant didn't declare spouse and child and received rejection. At federal court judicial review they were allowed to sponsor them. I haven't check many case but this is one. I think it is good to give it a try.

http://canlii.ca/t/23nrl

Thanks

http://canlii.ca/t/hvwdg

One more case at federal court