I was sponsored by my wife and we filed our case in Dec 2010. Today I got refusal letter from CHC-ISB that our case is refused. We both live in Pakistan and I had submitted concrete evidence that I would be selling my business and move to Canada once my case is approved. Along with that I had submitted my company documents, banks statements, evaluations of the land i own, support letter from my sister who lives in Canada, supporting letters from my family my in-laws in favor of our plans of relocating to Canada. My wife has never worked and now that we have a baby it's not possible for her to leave me behind and go to Canada and live/work there and file for me from Canada.
The funny thing is, last week I received re-medical forms from CHC-ISB but they had pasted my wife's photograph on the form by mistake. I returned them the medical form and asked for a revised one but I was shocked to open this letter today with a refusal.
- How do I file the notice of appeal? I asked a lawyers online and he replied I need to sign and scan it and send it to him but I did not receive any form to fill.
-Do i really need to hire a lawyer at this stage or do/should I hire at a later stage? (they are really expensive - do I have options???)
- Someone told me it could take 18 months for the hearing. Is that true??
- How soon will the hearing take place? Since we both are not in Canada how will it work out? Over phone ?
Below is what was on the refusal letter. I was not able to understand what I have highlighted in bold since its law terminology difficult to interpret. I would appreciate if some expert sheds some light on the below as well as the queries. Thanks
" I have completed the assessment of your application. After careful and thorough consideration of all aspects of your application and the supporting information and documents provided, I have determined that you do not meet the requirements for a permanent resident visa.
Subsection 12(1) of the Immigration and Refugee Protection Act (IRPA) 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.
Section 120 of the Immigration and Refugee Protection Regulations (IRPR) states that for the purposes of Part 5 of the Regulations,
(a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect, and
(b)-a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.
Subsection 133(1)(a) of the Regulations states (in part) that a sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor is a sponsor as described in section 130.
Subsection 130(2) states that, a sponsor who is a Canadian Citizen and does not reside in Canada may sponsor an application referred to in the subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.
Your sponsor, who is a Canadian citizen, currently does not reside in Canada and I am not satisfied, based on the information provided on your application and your response that she will reside in Canada should you be granted permanent residency. Your sponsor does not, therefore, meet the requirements of subsection 130(2) of the Regulations and as a result, you do not meet the requirements of section 120 of the IRPR.
Section 41(a) of the IRPA states that a person is inadmissible for failing to comply with this Act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and
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 shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to "this Act" include regulations made under it. For the reasons set out above, I am not satisfied that you meet the requirements of the Act. I am therefore refusing your application.
