URGENT .....What if 117 (9) (d) after sponsorship application for spouse

[RobsLuv]

You might be interested in reading through appeal cases on this CANLII website - search for 117(9)(d) and you should be able to read transcripts of appeals for similar cases. Just through initial search I found 161 that mention that statute.

Wait, are you saying that because you did not tell the border officer you are married, your application was refused?!

Am I the only one who thinks thats a little f-ed up?

It is not beyond the realm of possibility that an IO at landing might have not done "due diligence" to be sure the immigrant understood that not reporting a marriage meant being barred from sponsoring the spouse - it seems possible because of the sheer number of such cases. And I sincerely don't believe the IOs care whether someone ends up in such a situation - they are not working on behalf of foreign nationals - even ones who have successfully immigrated. But, I think it could easily be said that the responsibility falls on the immigrant himself, and that information pertaining to the necessity of updating any change in marital status or "family composition" is repeatedly given to applicants during the processing of their own PR applications. So it's very possible that no responsibility at all falls on the IO at landing, to make sure the applicant realizes the implications of not disclosing a change in relationship.

PMM

But no one asked about marital status at the time when I landed so how would one know that martial status needs to be updated. Now what is the point of forwarding application to visa officer if it's pre-determined that it will be refused.

Please advise...

The only reason the application was forwarded to the visa office was because you elected to have that happen, even if you were not found eligible to sponsor. But a family class application is dead if the sponsor is ineligible, which means that they would do us all a favour to not even give the option to have the file forwarded on. But, without that, they wouldn't have a chance to keep the $75!

 

[bsq]

Hi

It isn't going to be successful, if the sponsor misrepresented his/her martial status when s/he obtained their landing. The sponsor could try an Appeal to the IAD, but very few, if any have been successful.

PMM

PMM
Hi PMM please advise me I have same situation ; Can my wife apply pnp ? when she can apply ? what are the chances to get PR under PNP after rejected under 117(9)(d)

please help me urgent

 

[bsq]

Hi PMM ,

please advise me I have same situation ; Can my wife apply pnp ? when she can apply ? what are the chances to get PR under PNP after rejected under 117(9)(d)

please help me urgent

 

[sheik]

check this site may be you can contact a lawyer http://reports.fja.gc.ca/eng/2010/2009fc533.html

 

[Harju]

On the IMM008 you sign off a declaration that among other things declares " I will immediately inform the visa office where I submitted my application if any of the information or the answers provided in my application change".

I find it a bit heartbreakding that there are too many situations like this that are easily preventable if people would only read and respect the information and responsibilities they are signing off on.

 

[Reflectoman]

reading up on the latest 117(9)(d) appeal (dated feb 1st 2013) that was on the Canlii website should answer any question the OP has on this thread. Here is an excerpt from that appeal decision ...

Furthermore the Federal Court has pointed out ... that the legislation is publicly available and the onus is on the individual applicant to ensure that they comply with the legislative requirements and are aware of the consequences of their choices.

 

[mrs. gill]

All,

Anyone knows how to resolve the issue of 117 (9) (d)????? Got married just before landed but didn't know that I should update my marital status right away. Only it was reported to CRA when I filed my tax return but when I applied for spouse sponsorship I got a response with an answer that I am ineligible. Now since I had chosen to proceed with application anyways, the application has been forwarded to concerning visa office.

I wonder if there is a way to resolve this issue. Can I request visa office to cancel that request and return the application without decision and will it be of any help??

Guys…Please help I would really appreciate it. Please advise ASAP..........Tnx

Whatt happned after ? did it get approve ?

 

[armoured]

Whatt happned after ? did it get approve ?

That user posted in 2008 and possibly not since then. Don't expect a response.

 

[scylla]

Whatt happned after ? did it get approve ?

This user ID is no longer active. You're not going to get a response from this person.

 

[mrs. gill]

This user ID is no longer active. You're not going to get a response from this person.

do you know anyone in the similar situation?

 

[YVR123]

do you know anyone in the similar situation?

In general, you cannot sponsor a spouse that you failed to include/declare when you landed as PR.

Some people were able to get their spouse's PR via lawyer under H&C ground. But I am not familiar with that process. Another way is for your spouse to apply individually for his/her PR. Since you haven't provided much information. I am just guessing the situration.

 

[scylla]

do you know anyone in the similar situation?

Sure, we see cases like this from time to time on the forum.

Appeals almost never work since there are really no grounds to appeal.

Best option is for your spouse to qualify for PR on their own through an economic immigration stream like Express Entry.

Good luck.

 

[sachinsoman1988]

PMM

The only letter one would sign after landing is landing documents which has coded info. It doesn't show any clear instruction like "What's you marital status now" or anything which would make you think that you should be updating your martial status info.

Do you think it would be good idea to explain the whole situation in writting?? I do believe it was unintentional mistake and I do have a copy of fax i sent to CRA with marital status update.

Please advise...

Coded info? Under personal details - PA section, it clearly states Marital status and the only thing they ask in the border is if all the info in COPR is true and the address where you want the PR card to be delivered.

 

[scylla]

Coded info? Under personal details - PA section, it clearly states Marital status and the only thing they ask in the border is if all the info in COPR is true and the address where you want the PR card to be delivered.

FYI - you are responding to a post from 13 years ago.