RobsLuv said:
I understand that your brother and your family are very hurt by what has happened, but it's possible that this was not something the wife did deceitfully. And it's also possible that the processing officer made a mistake. Did your brother and his wife marry before she immigrated to Canada? If they did, she was required to stop her application process and add your brother to her application when they got married - BEFORE she came to Canada. Unfortunately it's very common for people to misunderstand that requirement. I think language barriers play a big part in that - and ignorance about the consequences. If someone marries (or has a child) while they are waiting to immigrate to Canada, they have to disclose the change in their family structure. Some people deliberately don't mention their change because they worry that it might mean they won't get to come to Canada - but many just don't understand the requirement to disclose any "eligible" family members . . . they may not even realize what an "eligible family member" is.
I suspect that your brother's wife did not understand the requirements of sponsorship - for one because she submitted an application to sponsor him while she was on social assistance. This indicates to me that she was unable to understand the application instructions because they're very clear about sponsors not being able to be on assistance. So it doesn't surprise me that maybe she also did not understand the very complicated requirement of having to notify Immigration Canada, BEFORE she finalized her own immigration, of her marriage to your brother. As I said before, if they weren't married before she landed in Canada, the officer has made a mistake. She could appeal the mistake, but she's still not eligible to sponsor him until she is off social assistance. If they weren't married before she came to Canada, she should get off social assistance and then contact an immigration lawyer in Canada who can help her prepare a new application that doesn't give the impression of a marriage (or co-habitation) between them prior to her landing.
Dear Robsluv,
thanks for a v.detailed reply, yes they got married before she landed in canada, just after two weeks of marriage she landed in canada.yes u will right, may be she do not know the requirements. but why i say this cheating, because she hide from us that she is on Govt aid and did't declare her status at POE. furthermore, she did't submitted the required documents from her behalf like job letter n sponsorship letter etc, just submitted the form and lied to us she has sent to embassy all the things.five years are too much, my brother is dying for canada but hurts because of this cheating so wanted to do something now.i am posting a refusal letter so you can better understand the situation:
Dear Client,
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.
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
(a) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner and is under the age of 16 years;
(b) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor has an existing sponsorship undertaking in respect of a spouse, common-law partner or conjugal partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;
(c) the foreign national is the sponsor’s spouse and
(i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or
(ii) the sponsor has lived separate and apart from the foreign national for at least one year and
(A) the sponsor is the common4aw partner of another person or the conjugal partner of another foreign national, or
(B) the foreign national is a common-law partner of another person or the conjugal partner of another sponsor; or
(d) the sponsor previous& 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 aformer spouse or former common law partner of the sponsor and was not examined.
I have reviewed your application. You and your sponsor got married on September ii, 2005. Your sponsor previously made an application for permanent residence in Canada and became permanent resident on September 22, 2005. Your sponsor did not declared her correct marital status to the Visa Post where her application was processed neither did she inform port of entry officer that she was married at the time of
landing. You were not examined in your sponsor’s application for permanent residence in Canada. You are therefore described at R117(9)(d).
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.
Subsection 133(1 )(k) of the Immigration and Refugee Protection Regulations states that:
A sponsorship application shall only be approved by an officer if, on the day on which the application was filled and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(k) is not in receipt of social assistance for a reason other than disability.
I have reviewed your application. Your sponsor has been in receipt of social assistance for reason other than disability. Your sponsor does not meet the sponsorship requirements described at Ri 33(1 )(k). As a result, it would be contrary to the regulations to issue you a permanent resident visa or to allow you to become a permanent resident.
Subsection 25(1) of the Immigration and Refugee Protection Act states that:
The Minister shall, upon request of a foreign national who is inadmissible or who does not meet the requirements of this Act, and may, on the Minister’s own initiative, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligation of this Act if the Minister is of the opinion that it isjustified by humanitarian and compassionate considerations relating to them, taking into account the best interests of a child directly affected, or by public policy considerations.
I have reviewed youi consultant’s request to consider your application on humanitarian and compassionate grounds. Your consultant states that the circumstances in which your sponsor failed to declare you were not intentional, innocence and ignorance of the law led to an oversight. However, if your sponsor had declared the change in her marital status to the visa post, then she would have been rendered ineligible dependent as per definition of a dependent child in the regulations, and permanent residence would not have been issued to her. Therefore, based on the information provided, I have found insufficient humanitarian and compassionate grounds to warrant a positive decision.
Subsection 1 1(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.
I am sending a letter to your sponsor notifying her of the appeal provisions of the Immigration and Refugee Protection Act. I am using the last known address for your sponsor:
If this address is not correct, please provide your sponsor’s new address within 30 days of the date of this letter so that this letter can be resent to the new address.
Yours sincerely,
Craig Goldsby
Senior Immigration Officer
cc. Sponsor
thanks
anmol
