We got this email. Please advise me what would be the best way to clearify the dout they have. I have sent so many supprting documents still this what happen. We dont make Nika nama in Afghanistan its done verbly and now days if wedding is in Hotel they do, my was at home. And I did not know this is required when we apply that is why we got it in 2012 our wedding was in 2010 in Afghanistan
Dear Applicant,
I am now completing the assessment of your application for a permanent resident visa. It appears that you may not meet the definition of a spouse per R117(1)(a) of the Immigration and Refugee Protection Act 2002 (IRPA), and thus, you may not meet the requirements for immigration to Canada.
R117(1)(a) of the IRPA defines who is a member of the family class. A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor’s spouse, common-law partner or conjugal partner.
Subsection 16(1) of the IRPA states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Before a final decision regarding your eligibility as a member of the family class is made, you are being given a final 30 days to address the following concerns and/or provide any requested items:
- I note that you have submitted a marriage certificate issued by the Afghan Embassy in Peshawar as evidence of the validity of your marriage. I also note that this certificate was issued in November 2012, well over two years after your claimed wedding date. You have not produced any document that would have been issued to you at the time of your actual claimed wedding in August 2012, such as a Nikah Nama. Nikah Namas are available to Afghan nationals residing in Pakistan and if a wedding took place in Pakistan, would have been issued to you at that time. In the absence of any evidence of your wedding issued at the time of your wedding, I have concerns that your marriage is not valid. As a result you may no longer be considered a member of the family class and your application may be refused.
Please also submit a copy of your birth certificate issued at the time of your birth along with a translation.
Please use this opportunity to address my concerns and indicate any further information you would like to be considered in respect of your application.
Any information/documentation you submit must be sufficient to clearly demonstrate that the above definition is/definitions are met. If the documents are not written in either English or French, please enclose a certified translation in addition to a photocopy of the original document.
Please submit the requested documentation/information to us within 30 days, including a copy of this email as a cover letter. Please submit all the above documents to us at the same time, quoting your file number (shown in the subject line above) on all correspondence, including on the envelope.
Should you not respond within 30 days, your application will be assessed based on the information we have on file at that time, and may lead to a refusal of your application. Once the application is refused, you would be able to reapply, but you would be required to submit a new application and pay a new processing fee. The new application would be assessed according to the Canadian Immigration Act and Regulations in force at the time that the new application was received.
Sincerely,
Government of Canada/Gouvernement du Canada
