my application was denied, what are my chances if my sponsor decided to appeal the decision:
Dear xxxxxxxxxxxxxx
I have now completed the assessment of your application for a permanent resident visa as a member of the family class, the class in which you applied. I have determined that you do not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act 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 117(1) of the Immigration and Refugee Protection Regulations, 2002 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 (a) the sponsor's spouse, common-law partner or conjugal partner;
Subsection 117(9) of the regulations states that no foreign national may be considered a member of the family class by virtue of their relationship to a sponsor if (d) the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member or a former spouse or former common-law partner of the sponsor and was not examined.
Prior to your sponsor gaining permanent residence on June 20, 2013 under the CR8 category, your sponsor travelled back to your country and entered into marriage with you on February 9, 2013. Your sponsor failed to declare you prior to gaining permanent residence and you were not examined. As a result, I have determined that you are not a member of the family class.
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. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. I am therefore refusing your application.
any advice
