how can appeal against the cheating?Qorax n other seniors plz help

[anmol2743]

to canadianwoman and loise lane.

thanks a lot to both of you for your kind reply
anmol

 

[PMM]

Hi

unfortunate situation but the fact that the sponsor has a consultant and has appealed on Humanitarian Grounds leads me to believe that she was being sincere

she has the option of divorcing your brother and remarrying him
getting off assistance and re applying to sponsor him

of course this will be a challenge given that at the time of landing she no longer qualified to be a PR
on reapplying the application would have to mention all that has transpired and could potentially have consequences to her own PR status, unlikely but possible

also, she should become a Canadian Citizen before attempting to send another application to sponsor your brother, this will minimize the potential consequences to her status being revoked

best of luck

Divorcing and remarrying doesn't work, here is a quote from the Immigration Regulations Sec 117



Excluded relationships
(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if........

(d) subject to subsection (10), 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 of the sponsor and was not examined.

 

[rjessome]

PMM is exactly right. In fact, this woman may be under investigation for misrepresentation and may lose her PR status as well. Also, the H&C failed because there was "benefit" to the woman NOT claiming her husband. She wouldn't have been eligible otherwise. If there had been no "benefit" gained by her by not declaring him, then it may have had a chance but it as it was, the H&C was pretty much doomed from the start. If she remains a PR, she can never sponsor him because he has been excluded.

Sorry but this is a lost cause. Hopefully, if he really wants to come to Canada, he can qualify under one of the other programs like skilled worker or perhaps come as a student and work his way towards PR. Best of luck.

 

[can_usa_97]

The letter seems to indicate the only reason is for the social assistance though, no?

ETA, I think my head is on backwards today, for some reason a whole area got missed - which clearly states their marriage/timeline reason as well. Sorry!

 

[rjessome]

From a quick reading, it seems that more reasons were given for refusal. Husband wasn't declared therefore excluded, therefore inadmissable as not a member of the family class. Sponsor is on social assistance. And there is misrep on the part of the sponsor because she didn't declare him at the POE as, had she done so, she would have been rendered inadmissable as well. It's a pretty thorough letter.

 

[Lois Lane]

Hi

Divorcing and remarrying doesn't work, here is a quote from the Immigration Regulations Sec 117



Excluded relationships
(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if........

(d) subject to subsection (10), 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 of the sponsor and was not examined.

so that's it no other options ever? there is criminal inadmissability which for most part, pardons after 5 years etc, misrepresentation two year wait, but nothing in this case?

 

[iarblue]

Nope didnt declare him its a closed shut case she can never sponsor him under any class.He is now forced to do it on his own in another way.But even when he tries this his name will come up conecting to the other cases that failed.
If he tires for FSW or student it will be years before it comes down to the decision.He will also likely never be given a visit visa either as his old cases will still pop up.He is pretty much s--t out of luck.

 

[anmol2743]

thanks to all of you for bearing me and helping me.
Regardz
anmol