CIC made a MISTAKE, what can we do?

[sounion]

Hi there,

Writing this on behalf of a friend going through the Skilled Worker path for PR. She actually is now a PR as of Feb 22.

Basically, she was applying and her husband was also applying for PR as her dependent. CIC denied his PR application as they did not find him to be a family member as they were married by proxy in an online ceremony.

That said, CIC sent a rejection of his application. They then sent an approval letter for her and her husband.

They follow the instructions in the approval letter, communicating with CIC multiple times over the last 37 days - each communication was positive and was guiding them on how to go through the process of getting her husband a visa and to Canada.

They JUST received a letter that said CIC made a mistake and to disregard the communications from the last 37 days.

SO.....what can be done here? It seems wildly unfair. The husband has spent a good deal of money getting himself prepared to move and immigrate (dental work, proper containers for shipping personal musical equipment, etc.), and now they are wondering what to do. Can they involve a lawyer and earn anything from this?

Any help would be appreciated.

 

[Naturgrl]

Hi there,

Writing this on behalf of a friend going through the Skilled Worker path for PR. She actually is now a PR as of Feb 22.

Basically, she was applying and her husband was also applying for PR as her dependent. CIC denied his PR application as they did not find him to be a family member as they were married by proxy in an online ceremony.

That said, CIC sent a rejection of his application. They then sent an approval letter for her and her husband.

They follow the instructions in the approval letter, communicating with CIC multiple times over the last 37 days - each communication was positive and was guiding them on how to go through the process of getting her husband a visa and to Canada.

They JUST received a letter that said CIC made a mistake and to disregard the communications from the last 37 days.

SO.....what can be done here? It seems wildly unfair. The husband has spent a good deal of money getting himself prepared to move and immigrate (dental work, proper containers for shipping personal musical equipment, etc.), and now they are wondering what to do. Can they involve a lawyer and earn anything from this?

Any help would be appreciated.

Marriage by proxy is not recognized by IRCC so they were rightly refused.

Does IRCC recognize marriages conducted by proxy, telephone, internet and fax? (cic.gc.ca)

 

[sounion]

I understand that part, yes. But they also sent an approval afterward and then a slew of next-step emails. So, like I said, the husband has blown up his life (quit his job, etc. etc.). Any legal recourse?

 

[Naturgrl]

I understand that part, yes. But they also sent an approval afterward and then a slew of next-step emails. So, like I said, the husband has blown up his life (quit his job, etc. etc.). Any legal recourse?

They can ask for reconsideration or look at Judicial Review. They have to prove that there was an error in law (there was not). A mistake on IRCC's part in granting PR may not be a reason given that the marriage is not recognized. They need to get married in person.

 

[sounion]

Could it be possible to get an extension on correcting the issue of the marriage due to their mistake? It really seems unfathomable the sheer magnitude of this CIC mess up.

CIC also emailed the wife to say that they made a mistake on a Next-Step letter, but made no mention of an error on the Approval letter. Given the wording of the letters, his application is technically still considered approved...

 

[scylla]

Hi there,

Writing this on behalf of a friend going through the Skilled Worker path for PR. She actually is now a PR as of Feb 22.

Basically, she was applying and her husband was also applying for PR as her dependent. CIC denied his PR application as they did not find him to be a family member as they were married by proxy in an online ceremony.

That said, CIC sent a rejection of his application. They then sent an approval letter for her and her husband.

They follow the instructions in the approval letter, communicating with CIC multiple times over the last 37 days - each communication was positive and was guiding them on how to go through the process of getting her husband a visa and to Canada.

They JUST received a letter that said CIC made a mistake and to disregard the communications from the last 37 days.

SO.....what can be done here? It seems wildly unfair. The husband has spent a good deal of money getting himself prepared to move and immigrate (dental work, proper containers for shipping personal musical equipment, etc.), and now they are wondering what to do. Can they involve a lawyer and earn anything from this?

Any help would be appreciated.

Proxy marriage isn't recognized. They need to get remarried in person and then the wife needs to submit an application to sponsor him for PR through the spousal sponsorship stream.

Lawyer is going to be a waste of money.

 

[sounion]

Thanks for the responses.

I am shocked there's no recourse for such a monumental mess up on CICs behalf.

 

[captainarabiia]

Thanks for the responses.

I am shocked there's no recourse for such a monumental mess up on CICs behalf.

The client was ineligible too, both can be blamed in this scenario.