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HKVO advice needed

dw33

Champion Member
Dec 28, 2020
2,041
440
If I were in your shoes, I would take this very seriously and move back to Canada ASAP, then show them proof you are settled back in Canada, which is much easier to achieve from inside Canada. Or, not....I mean its a gamble, it depends on the mood of the officer and if he or she has it in for you n make your miserable. Our lives are being decided by1 person
EZXACTLY. I said that to.my wife an hour ago。 Do I just fly home and show them ok she alone. But then how do I get back and wait to quarantine.
 

Phalos

Champion Member
Jun 19, 2020
2,564
1,291
They only gave me.30 days for all info. So if I go home 14 days quarantine.
yeah you're right, It didnt cross my mind....ideally, you should of moved back AS SOON as your file moved to a Visa Office....I said that in my old posts. I just didnt expect HK would throw you a curve ball like that cuz they are one of the nicer VOs. Anyways its too late now, just gather us much evidence as you can and send it.
 

scylla

VIP Member
Jun 8, 2010
95,804
22,087
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Today late afternoon HKVO messaged my wife. Asking for proof of intent to immigrate and show our marriage license. First I send in what I thought was whay they wanted. Marriage registration at the bureau in her city. My questions are does this email from them mean we will fail? Also what do I do about proof to leave? Please any advice. This is completely unreal. Dont deserve this. Very worried now will fail us because of this.
No - this email doesn't mean you fail. It just means that you're being asked for more information. This isn't a PFL based on how you've described it.

I don't know why they are asking for your marriage license.

The other part of the ask (i.e. proof of intent to immigrate) happens fairly often where the sponsor is living outside of Canada. What did you include in your original application to support this? You may just need to refresh that evidence (i.e. provide newer versions if available) and see if there's anything else you can add that has come up since then (e.g. are you speaking with any employers in Canada about job prospects, or maybe with any real estate agents).

Good luck.
 

Phalos

Champion Member
Jun 19, 2020
2,564
1,291
He should take this VERY seriously, because if they are not satisfied, its an instant PFL which is one step away from REFUSAL. The fact that they also asked him for proof of marriage, is also a bad sign of just picking on him.
 

Phalos

Champion Member
Jun 19, 2020
2,564
1,291
They only gave me.30 days for all info. So if I go home 14 days quarantine.
If you do choose to go back, and its totally up to you. You have 30 days, you send whatever stuff you can get together is the 2 weeks post quarantine and if they are not satisfied, you get another 30 days for the PFL n u can gather more stuff. You can ALSO ask them for a time extension on THIS adr.
 

scylla

VIP Member
Jun 8, 2010
95,804
22,087
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

armoured

VIP Member
Feb 1, 2015
17,147
8,798
If you do choose to go back, and its totally up to you. You have 30 days, you send whatever stuff you can get together is the 2 weeks post quarantine and if they are not satisfied, you get another 30 days for the PFL n u can gather more stuff. You can ALSO ask them for a time extension on THIS adr.
I think getting on a plane just because of this request is a little extreme.

But, making arrangements with a travel arrangement - reservation or something - wouldn't hurt. (Obviously issue is dates - if not practical, I don't think this aspect is critical).
 

Phalos

Champion Member
Jun 19, 2020
2,564
1,291
In my opinion, and its purely mine. The mere fact of flying back to Canada, and leaving your spouse alone, going thru quarantine and then renting a place, getting a Canadian phone, and all that stuff, is a BIG step to show that you are BACK for good....If you stay in China, then the ball is in their court.
 

Phalos

Champion Member
Jun 19, 2020
2,564
1,291
There's an example of a PFL right there in the beginning of the thread!!!!

Today I received another email from CIC:

Dear Applicant,

This refers to your application for permanent residence in 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 120 of the Regulations 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 130(2) states that A sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in 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.

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.

On the evidence submitted I am not satisfied that your sponsor intends to reside in Canada. I noted that your sponsor has been mostly living outside Canada since at least 2012. Your sponsor is self-employed and thus is not committed to reside in Canada due to his work obligations. According to your submission dated May 2014, your sponsor intends to move to Canada once you are granted a permanent resident visa. However, I am not satisfied that this is a sufficient evidence of his intention to relocate to Canada. You did not provide explanation from your sponsor regarding his intention to return to Canada as to why, when, where you plan to reside, how to support yourselves financially, etc. You did not provide any documentary evidence of any commitment with any third parties that would make your sponsor return to Canada, that of your sponsor's intention to relocate to Canada and that of steps you have undertaken to prepare your relocation. Accordingly he does not meet the requirements of subsection 130(2) of the Regulations. As a result, you do not meet the requirements of section 120 of the Regulations.

By this letter, you are given thirty (30) days in which to present any documentation that would address our concerns mentioned above. If we do not receive any documentation within 30 days of the date of this letter, your application will be assessed on the basis of the information already before the officer and could result in the refusal of your application.

All requested documents not originally in English or French must be accompanied by a notarized translation into English or French.

Yours truly,

Immigration Officer


At this point I really do not know what to do...
 

Phalos

Champion Member
Jun 19, 2020
2,564
1,291
You do NOT want to get the ABOVE letter.
Therefore I stand by my opinion, that a Sponsor should go back ASAP.
Like I kept advising throught my posts, this return to Canada should happen AS SOON as file moves to VO....and not when they generate an ADR....by that time it really is very tight and there is also the issue that they might come back with something ridiculous as ......OH the Sponsor flew back just because he got this ADR and it is after the fact.....I mean they can come up with any bullshit...

I as Phalos the Futurist, it is my duty to inform of all possibilities.
 

Phalos

Champion Member
Jun 19, 2020
2,564
1,291
The thing with coming back though, is a much much stronger proof than staying, and even if they dare say something, on appeal they judge would throw the case to garbage because it holds no water.
So after all consideration, going back is the safest bet. Staying abroad, has risk and on appeal also has less teeth.