Case referred to special unit for exclusion

[RBV]

Hello there,

I sponsored my wife and my sponsorship eligibility was failed. I did not declare my dependent at time of landing.

My PR aaplication was finalized on May 04, 2017. I got passport request on the same day. I contacted IRCC nad informed them about my upcoming marriage on May 15,2017. IRCC informed me that my application was finalized and it cannot be reopened to add my spouse to it. I was given two options: either to withdraw current application and reapply after marrriage with my spuse’s information in it OR become PR and then sponsor my future wife in family class category. I decided to continue with my application. I went to India and got married as per plan. I sent my passport for visa after coming back to Canada. I called IRCC agent and infomed them about change in my marital status. I was advised that since my application was finalized before I got married, I should just become PR and then sponsor my wife. Therefore, my wife wasn’t examined at that time. I got my passport back and I went for landing. I explained whole situation and informed about my changed marital status to immigration officer at landing. Officer advised me to declare no dependent in COPR because my application was approved based on my marital status as single. They said I can sponsor my wife in family class category. I declared NO dependent as I was advised.

Now IRCC failed my sponsorship eligibility because of it. I sent a couple of letter of explanation and IRCC currespondences to the IRCC. I also got MP involved in this. MP also explained situation to IRCC.

Now IRCC has forwarded my sponsorship application to a special unit. I am not sure what will be the outcome of it. Is it possible that they might revoke the failed eligibility decision? I am clearly not at fault here. I just did what I was being told. I informed IRCC about my wedding plan. Why would I misrepresent this information at time of landing?

I hope you experienced people may have some idea about it or might have seen cases like this before.

Thank you !

 

[choprakart]

First n foremost did you get it in writing that you were advised to proceed with the application?
And how long did IRCC take to get back to you with your eligibility failed decision from the date of spousal application?
Which MP did you meet?
Is your spouse able to apply under another category?
What special unit? Did you order GCMS?

 

[RBV]

First n foremost did you get it in writing that you were advised to proceed with the application?
And how long did IRCC take to get back to you with your eligibility failed decision from the date of spousal application?
Which MP did you meet?
Is your spouse able to apply under another category?
What special unit? Did you order GCMS?

Yes, IRCC sent me a letter suggesting that either withdra this application and reapply after marriage or become PR and sponsor spuse in family class. I do have that letter and I sent it to IRCC.
I did apply for GCMS notes. They failed my eligibility in November 2017 but they informed me in Jan 2018 by sending a letter. GVMS says the letter should have been sent be back office (Mississuaga) when decision was made. That means they were clearly late in informing me about the decision.
I met with my local MP in Saskatoon, Kevin Waugh.
My wife, as of now, not able to apply in other category. She will need more work experience to qualify to express and skilled worker category.
My wife recently enquire about the applicstion as the processing time will end in August 2018. In reply, IRCC said the file was sent to special unit and it may cause additional delay.

 

[choprakart]

So basically you applied for spousal in Aug 2017 and your eligibility was declined in about 4 months. That's so unexpected. Did you anticipate this at all? I mean did you provide that letter suggesting scenarios from IRCC with a letter of explanation or did you submit it much after the application?

 

[RBV]

So basically you applied for spousal in Aug 2017 and your eligibility was declined in about 4 months. That's so unexpected. Did you anticipate this at all? I mean did you provide that letter suggesting scenarios from IRCC with a letter of explanation or did you submit it much after the application?

I knew that immigration officer’s suggestion of declaring NO dependent would come and bite me in future so I added a letter of explanation along with IRCC’s letter explaining scenarios with original sponsorship application.
I can’t contact the same immigration officer who did my landing and suggested declaring no dependent otherwise I can get him to contact IRCC and be my witness in this matter. But its unfortunate that member of public can’t contact immigration officer directly.

 

[RBV]

I knew that immigration officer’s suggestion of declaring NO dependent would come and bite me in future so I added a letter of explanation along with IRCC’s letter explaining scenarios with original sponsorship application.
I can’t contact the same immigration officer who did my landing and suggested declaring no dependent otherwise I can get him to contact IRCC and be my witness in this matter. But its unfortunate that member of public can’t contact immigration officer directly.

I can’t prove to IRCC that I was being suggested to declare NO dependent. They will see no dependent declared on COPR. I hope they consider my additional letter of explanation and make decision by keeping little bit of faith in me.

 

[RBV]

I can’t prove to IRCC that I was being suggested to declare NO dependent. They will see no dependent declared on COPR. I hope they consider my additional letter of explanation and make decision by keeping little bit of faith in me.

And in GCMS it says that they decided not to report me for failing to declare dependent because it would not have made any difference in my PR application. No I won’t get accused of misrepresentation but if my wife’s application gets rejected, we will have to go through appleals and hearings and that will take easily a year or so. I am so frustrated.

 

[RBV]

I have a letter that says they couldn’t reopen my application and advised to become PR and then sponsor spouse. That’s one thing

Secondly, when I went for landing and talked to immigration officer directly, he advised me to declare NO dependent in COPR after listening to my situation because as per him, my PR application was approved when Inwas single so I should write NO in dependent information even though I was married at that time.

 

[RBV]

I have a letter that says they couldn’t reopen my application and advised to become PR and then sponsor spouse. That’s one thing

Secondly, when I went for landing and talked to immigration officer directly, he advised me to declare NO dependent in COPR after listening to my situation because as per him, my PR application was approved when Inwas single so I should write NO in dependent information even though I was married at that time.

So I cannot prove that immigration officer asked me to declare no dependent at time of landing because it was a verbal communication. I have no record of it.

 

[koura]

hello @canuck_in_uk , i need please your advice concerning my file, my aor is FSW May 12,2017,i was under security screening as per gcms notes,then two days ago ,thru cse email, we knew that our file was transferred to s special unit..what does it mean special unit?! and does the security report has been finished
kindly advise and thank you for your kind consideration

 

[canuck_in_uk]

hello @canuck_in_uk , i need please your advice concerning my file, my aor is FSW May 12,2017,i was under security screening as per gcms notes,then two days ago ,thru cse email, we knew that our file was transferred to s special unit..what does it mean special unit?! and does the security report has been finished
kindly advise and thank you for your kind consideration

I suggest you order GCMS notes.

 

[RBV]

Hi @canuck_in_uk !

Can you please suggest something for my issue? I have been looking for suggestions and answers but the nature of my issue is a bit complicated. It would be appreciated if you can share some of your experience. Thank you !

 

[canuck_in_uk]

Hi @canuck_in_uk !

Can you please suggest something for my issue? I have been looking for suggestions and answers but the nature of my issue is a bit complicated. It would be appreciated if you can share some of your experience. Thank you !

No one can really say anything. Generally, this is an automatic refusal. IRCC is quite strict about it. You say you have a letter telling you to withdraw or sponsor. Post that letter word for word with personal information removed.

 

[RBV]

No one can really say anything. Generally, this is an automatic refusal. IRCC is quite strict about it. You say you have a letter telling you to withdraw or sponsor. Post that letter word for word with personal information removed.

This refers to your application for permanent residence.


According to correspondence that we have received on 05MAY2017, you have indicated that you are going back to India on 11MAY2017 to get married and you wish to add your future spouse to the application.

I note that your application has already been finalized and that a Ready for Visa (RFV) letter was sent to you via email on 04MAY2017 indicating that your application has been approved. I also note that your application has been approved on the basis of your marital status as single and that your application would have to be re-opened in order to conduct a new assessment with regards to your spouse. However, given that you are currently not married, your marital status remains unchanged for the purposes of your application and it cannot be reopened for this reason.

You retain the option of becoming a Permanent Resident of Canada and to sponsor your future spouse as a member of the family class.

You may also wish to withdraw your current application and re-apply for another application under the Canada Experience Class that includes your future spouse after marriage.

Please note that if you choose to submit a new application it would require new fees and documentation and you would need to meet all the requirements in effect at the time the application is submitted. However, you must meet the minimum requirements to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to apply for permanent residence under one of the immigration programs subject to Express Entry.

Thank you for the interest you have shown in Canada.

Yours sincerely,

Case Officer

 

[RBV]

Also note that I showed this letter to immigration officer during landing and then he asked me to declare no dependent in COPR. I called IRCC before landing and informed him about change in marital status and agent said, you can go finish landing as you informed IRCC about your impending marriage and your application was approved before you got married.