Family Sponsorship application refused

[fara.fero]

I'm a federal skilled worker.
The following points summarize my case:
•In 2007 I had applied to sponsor my family (wife and two kids).
•My application had been refused based on considering my wife is not a family member, the reason was , although my marriage occur after I got the immigration visa but it was before landing.
•After interview with immigration officer, a report made with the case and decide no further action to be taken against me. And close the case.
•As per immigration office I'm eligible to sponsor my two kids (born after landing) but not my wife.
•Last month, I applied for a visitor visa for my family but the embassy refuse to issue them a visitor visa (they have doubt that they will not come back).

i spent a lot of money for legal consultation with no solid opinion.
do i have to sponsor them as a humanitarian (in Canada) case or my wife should apply for immigration under humanitarian case (out of Canada)?
is there any advice how i can proceed to get my family here?

thanks for your help.

 

[Halifax-Maple]

I'm a federal skilled worker.
The following points summarize my case:
•In 2007 I had applied to sponsor my family (wife and two kids).
•My application had been refused based on considering my wife is not a family member, the reason was , although my marriage occur after I got the immigration visa but it was before landing.
•After interview with immigration officer, a report made with the case and decide no further action to be taken against me. And close the case.
•As per immigration office I'm eligible to sponsor my two kids (born after landing) but not my wife.
•Last month, I applied for a visitor visa for my family but the embassy refuse to issue them a visitor visa (they have doubt that they will not come back).

i spent a lot of money for legal consultation with no solid opinion.
do i have to sponsor them as a humanitarian (in Canada) case or my wife should apply for immigration under humanitarian case (out of Canada)?
is there any advice how i can proceed to get my family here?

thanks for your help.

You have to tell us more about this point: "on landing date, did you declare you were single? why??Didn't you know this was a lie (misrepresentation?"

 

[fara.fero]

I remember the question was , are you coming alone, and the answer was yes.
I didn't need to lie , it was un-awareness of when the the immigration process ends. by issuing the visa (like any other visas) or by landing.

 

[Halifax-Maple]

I remember the question was , are you coming alone, and the answer was yes.
I didn't need to lie , it was un-awareness of when the the immigration process ends. by issuing the visa (like any other visas) or by landing.

It was not as simple as you said :are you coming alone?". They clearly ask everyone to declare the change of their marital status or family circumstances. The Immigration authorities have come across this chronic problem and they are very clear in the landing process.

 

[angelbrat]

I have just had my landing letter, I land on May 20th, and in that letter it states very clearly that I must immediately inform them by fax if any details have changed including my marital status.

You obviously omitted to tell Immigration you had married when you landed, and even if they didn't ask you, why did you not mention it to them??? As a federal skilled worker you are obviously not unintelligent and therefore have little excuse for omitting this very important fact.

I have no idea what your next move can be...an appeal maybe???....others on this forum may have some better information for you.

 

[PMM]

Hi

I have just had my landing letter, I land on May 20th, and in that letter it states very clearly that I must immediately inform them by fax if any details have changed including my marital status.

You obviously omitted to tell Immigration you had married when you landed, and even if they didn't ask you, why did you not mention it to them??? As a federal skilled worker you are obviously not unintelligent and therefore have little excuse for omitting this very important fact.

I have no idea what your next move can be...an appeal maybe???....others on this forum may have some better information for you.

The appeal is already decided, his wife is not a member of the family class R117(4) so she can not be sponsored. The only route open is an H.& C. application under 25(1) of the regulations. The OP should read http://www.cic.gc.ca/english/resources/manuals/op/op04-eng.pdf the procedures are there.

 

[dubey]

Dear fara.fero,
To be honest with you, you are very lucky if the immigration officer have charged you for misrepresentaion. You could be deported because of this and you are even saying it is an ommission. How could you not declare your wife before you landed? One of my friends that had the same issue has been deported already. Clearly, when you received your PR visa and the COPR, there was a letter that came with it that says 'you must report any cahnges in your personal circumstances like: MARRIAGE, DEATH, BIRTH AND CHANGE IN HEALTH otherwise the visa was invalid. So you thought you were too smart?
Let me say this to you, if you had told them of your change in marital status before you landed, what they would have done was to cancel your visa and re-process for both yourself and your wife, by now you would be living together in canada. It would have only delayed your landing by maximum of three months. Now you need to get a very good lawyer but I don't know if that will even help you as this is really a serious case. Immigration officers are very strict with this and are not happy with people that think they are smart.

 

[fara.fero]

Dear All

Thank you all for your replies.
I just want to clarify that i made landing before in 2002 which is earlier than the new process of the letter mentione above. in that time it was IMM1000 form issued form the visa office (before the current PRC program).
however from beginning of my immigration process i was aware that i have to declair any change in my status. "during" immigration process. my mistake was that i consider issuing the immigration visa is the end of the immigration process while i know later that the process ends by landing.
so it is neither i lied nor i was trying to be smart.
I know un-awareness by exact rules meaning is not an excuse , and i pay for that now.

PMM, thank you for the doc., appreciate your help. is there a link for the documentation related to this subject?

Thanks,

 

[iarblue]

Yes sorry to say but the forms state in bold letters if any part of your life or status change you must inform them so if it changed before landing you should have told them then and if you were planning to marry before you got your visa you should have told them now they think you were hiding her for a reason now your a PR you try to get her in they wont let you.
Try as PMM said to do

 

[iarblue]

And it also states on the website that the complete is after the land.Its true you did mess up by not knowing and you can call CIC and ask what they suggest you do now.

 

[jassmith]

please my applications has been refuse today and i was told to apeal what can i do ? please help me and hoe long it takes to apear in court and does my husband visa is guarantee?

 

[europe]

please my applications has been refuse today and i was told to apeal what can i do ? please help me and hoe long it takes to apear in court and does my husband visa is guarantee?

i emailed you personal check your inbox

 

[jassmith]

i did not got any message please what can i do thanks

 

[europe]

i did not got any message please what can i do thanks

\
check in the top where is inbox ,
when did your husband had the interview, and which VO thanks

 

[jassmith]

my husband is from Nigeria and do interview in ghana