plz need urgent help regarding: SUBMISSION ON 117(9)(d)

[scylla]

Need advise?? if someone can help?


sorry to say but i am also one of them caught under 117(9)(D)
i am in same situation :
i was granted visa on nov-2011 (from buffalo)
went back to india from USA and got married on 14th FEB 2012
and landed in canada on june-2012 i failed to declare at port of entry that my status has changed and landed as single
i know that was my mistake .
I have one question to all seniors please advise me : can my wife apply under PNP indepandantly ? and when she can apply

Yes - if she qualifies to apply under PNP, she can certainly apply.

 

[kickb]

Hi,

i have received my visa in feb 2013 and got married in june 2013. couple of days before marriage i have mailed chc, new delhi that i am about to get married and would like to know the procedure of adding spouse in my pr as i have already received my visa approved. They did not respond to that mail. I have mailed almost 6 times to update that i got married and i have permanent job offer in Canada which would be starting in Aug and would like to do the landing formalities before august. yet i did not receive reply for any one the mails. As i could not leave the job offer i did my landing formalities on aug 08, i have again informed the port of entry officer that i got married and tried to update the chc,new delhi but they did not respond and i have email proof for the same and can show her. she did not want to c the mail or documentory proof but just stated that system have not been updated. i have asked her can i sponsor her later and she said yes i can.

I have consulted two registered agent one says i can not as i did not get my documents(landing documents) updated before i landed and other says you updated them but they did not respond and also updated the POE officer about the status. you did ur job so you can sponsor her.

i have also filed for her sponsorship wiaiting for the decision on my sponsorship application.


as mentioned by truesmile
“The intent of R117(9)(d), R117(10) and R117(11) is to ensure that persons whom the sponsor made a conscious decision to exclude (either by not declaring and/or not having the persons examined) from their own application for permanent residence cannot later benefit by being sponsored by this same person as a member of the family class. [...]

in the above clause i tried my best to declare and i have did delcared change of marital status but VO did not respond for the further formality where at the time of declaring i have asked a question about the further formalitites to add my spouse before i do my landing formalitites.

fingerscrossed and waiting for the decision.

 

[kickb]

Perhaps closer but puts "the final nail in the coffin" for this case IMO as the ruling reads in part:

“The intent of R117(9)(d), R117(10) and R117(11) is to ensure that persons whom the sponsor made a conscious decision to exclude (either by not declaring and/or not having the persons examined) from their own application for permanent residence cannot later benefit by being sponsored by this same person as a member of the family class. [...]

The exclusion found in R117(9)(d) exists to encourage honesty and prevent applicants from circumventing immigration rules."

I agree with scylla on what the best option here is.

Hi,

i have received my visa in feb 2013 and got married in june 2013. couple of days before marriage i have mailed chc, new delhi that i am about to get married and would like to know the procedure of adding spouse in my pr as i have already received my visa approved. They did not respond to that mail. I have mailed almost 6 times to update that i got married and i have permanent job offer in Canada which would be starting in Aug and would like to do the landing formalities before august. yet i did not receive reply for any one the mails. As i could not leave the job offer i did my landing formalities on aug 08, i have again informed the port of entry officer that i got married and tried to update the chc,new delhi but they did not respond and i have email proof for the same and can show her. she did not want to c the mail or documentory proof but just stated that system have not been updated. i have asked her can i sponsor her later and she said yes i can.

I have consulted two registered agent one says i can not as i did not get my documents(landing documents) updated before i landed and other says you updated them but they did not respond and also updated the POE officer about the status. you did ur job so you can sponsor her.

i have also filed for her sponsorship wiaiting for the decision on my sponsorship application.


as mentioned by truesmile
“The intent of R117(9)(d), R117(10) and R117(11) is to ensure that persons whom the sponsor made a conscious decision to exclude (either by not declaring and/or not having the persons examined) from their own application for permanent residence cannot later benefit by being sponsored by this same person as a member of the family class. [...]

in the above clause i tried my best to declare and i have did delcared change of marital status but VO did not respond for the further formality where at the time of declaring i have asked a question about the further formalitites to add my spouse before i do my landing formalitites.

fingerscrossed and waiting for the decision.

 

[fawadnew]

Hi,

i have received my visa in feb 2013 and got married in june 2013. couple of days before marriage i have mailed chc, new delhi that i am about to get married and would like to know the procedure of adding spouse in my pr as i have already received my visa approved. They did not respond to that mail. I have mailed almost 6 times to update that i got married and i have permanent job offer in Canada which would be starting in Aug and would like to do the landing formalities before august. yet i did not receive reply for any one the mails. As i could not leave the job offer i did my landing formalities on aug 08, i have again informed the port of entry officer that i got married and tried to update the chc,new delhi but they did not respond and i have email proof for the same and can show her. she did not want to c the mail or documentory proof but just stated that system have not been updated. i have asked her can i sponsor her later and she said yes i can.

I have consulted two registered agent one says i can not as i did not get my documents(landing documents) updated before i landed and other says you updated them but they did not respond and also updated the POE officer about the status. you did ur job so you can sponsor her.

i have also filed for her sponsorship wiaiting for the decision on my sponsorship application.


as mentioned by truesmile
“The intent of R117(9)(d), R117(10) and R117(11) is to ensure that persons whom the sponsor made a conscious decision to exclude (either by not declaring and/or not having the persons examined) from their own application for permanent residence cannot later benefit by being sponsored by this same person as a member of the family class. [...]

in the above clause i tried my best to declare and i have did delcared change of marital status but VO did not respond for the further formality where at the time of declaring i have asked a question about the further formalitites to add my spouse before i do my landing formalitites.

fingerscrossed and waiting for the decision.

Hi,

I have the similar nature case. can you please tell that did you re-apply, and what was the outcome of re-apply.

please contact me. waiting for your response.

 

[kickb]

my application has been approved. it took almost 2 years but it is approved at last with lot of to and fro documentations

 

[fawadnew]

my application has been approved. it took almost 2 years but it is approved at last with lot of to and fro documentations

CONGRATULATION ON YOUR SUCCESS.

CAN U PLZ GUIDE ME HOW CAN I CONVINCE CIC ON THE SAME ISSUE, ANY GUIDELINE PLZ

 

[canadianwoman]

Thanks, kickb, for letting us know what happened. This is useful information for other applicants.

As for the OP, 4 years on, with more education, I realize there was one avenue they might have tried. If they were from Pakistan, or perhaps another Muslim country, it sounds like they had a nikah nama, but not a rukhsati. The rukhsati is the ceremony when the bride goes to her husband's family and after which the marriage is consummated. There are many appeal cases where the appeal was lost because the judge found that a marriage with only a nikah nama was not a complete marriage. Basically, they would tell the couple to come back when they were married - when the rukhsati was done. The OP's lawyer could have used those decisions to argue that they were not completely married either.

However, this would have required a good lawyer who wanted to do a test case. There is certainly no guarantee that it would have worked, but it was and is a possibility.

 

[Zeehiw]

• I need help pls ,
  my wife and my two years daughter refused Canada visa last week because of fails to declare family member under section 117(9) d. I had no information before about 117(9)d.
  
  I got married after I granted permanent resident visa of Canada . However, Before I landed to Canada .
  
  My Daughter born after I landed in Canada .
  
  Section 117(9) d definition/meaning is amended on July 26 /2019. Like this , please read carefully and give me ur suggestions , thanks .Is it works for me ..,
  
  Excluded relationships
  
  (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
  • (d) 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.
• Marginal note:Exception
  
  (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
  
  
• Marginal note:Application of par. (9)(d)
  
  (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,
  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
    
    
  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.
• Definition of former Act
  
  (12) In subsection (10), former Act has the same meaning as in section 187 of the Act

 

[Miraclejj]

• I need help pls ,
  my wife and my two years daughter refused Canada visa last week because of fails to declare family member under section 117(9) d. I had no information before about 117(9)d.
  
  I got married after I granted permanent resident visa of Canada . However, Before I landed to Canada .
  
  My Daughter born after I landed in Canada .
  
  Section 117(9) d definition/meaning is amended on July 26 /2019. Like this , please read carefully and give me ur suggestions , thanks .Is it works for me ..,
  
  Excluded relationships
  
  (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
  • (d) 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.
• Marginal note:Exception
  
  (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
  
  
• Marginal note:Application of par. (9)(d)
  
  (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,
  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
    
    
  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.
• Definition of former Act
  
  (12) In subsection (10), former Act has the same meaning as in section 187 of the Act

If you didn't declare your marriage before your landing, then your wife is excluded as your family member forever. However, if your daughter was born after your landing, she is eligible for sponsorship. And if you keep exposing yourself to CIC by sponsoring anybody, it may trigger the CIC to launch the investigation for your own misrepresentation by not declaring your marriage. It is a risk that you may lose your own PR. or even Citizenship.

 

[scylla]

• I need help pls ,
  my wife and my two years daughter refused Canada visa last week because of fails to declare family member under section 117(9) d. I had no information before about 117(9)d.
  
  I got married after I granted permanent resident visa of Canada . However, Before I landed to Canada .
  
  My Daughter born after I landed in Canada .
  
  Section 117(9) d definition/meaning is amended on July 26 /2019. Like this , please read carefully and give me ur suggestions , thanks .Is it works for me ..,
  
  Excluded relationships
  
  (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
  • (d) 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.
• Marginal note:Exception
  
  (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
  
  
• Marginal note:Application of par. (9)(d)
  
  (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,
  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
    
    
  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.
• Definition of former Act
  
  (12) In subsection (10), former Act has the same meaning as in section 187 of the Act

Your questions were already addressed in the appeals thread. You were correctly refused. You can never sponsor your wife for PR since you failed to declare her before landing as you were required to. There is no point appealing - the appeal will be refused as well.

Your options are to give up your PR status, return to your home country and reapply from scratch - this time including your wife. Or alternatively, your wife will have to apply for PR on her own through an economic immigration stream like Express Entry.

 

[zardoz]

• I need help pls ,
  my wife and my two years daughter refused Canada visa last week because of fails to declare family member under section 117(9) d. I had no information before about 117(9)d.
  
  I got married after I granted permanent resident visa of Canada . However, Before I landed to Canada .
  
  My Daughter born after I landed in Canada .
  
  Section 117(9) d definition/meaning is amended on July 26 /2019. Like this , please read carefully and give me ur suggestions , thanks .Is it works for me ..,
  
  Excluded relationships
  
  (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
  • (d) 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.
• Marginal note:Exception
  
  (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
  
  
• Marginal note:Application of par. (9)(d)
  
  (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,
  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
    
    
  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.
• Definition of former Act
  
  (12) In subsection (10), former Act has the same meaning as in section 187 of the Act

No change to your situation. The 117(9)(d), 117(10) & 117(11) did not change.