You have not submitted an application for a member of the family class. You did not declare the applicant to IRCC on your own Application for Permanent Residence or at the time you became permanent resident of Canada. As such you do not meet regulation 117(9)(d).
Ineligible to sponsor spouse - does not meet Regulation 117(9)(d)
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Hello Guys,
I really need some help to shed some light to my situation. I just got a mail from the IRCC that I am ineligible to sponsor my wife and my son and they automatically withdrawn my application without reaching out to me. This is what the letter states
"You have not submitted an application for a member of the family class. You did not declare the applicant to IRCC on your own Application for Permanent Residence or at the time you became permanent resident of Canada. As such you do not meet regulation 117(9)(d)."
I actually cannot understand why I got denied. Because I am 100% sure that I declared them when I got sponsored by my mom.
I really need some help to shed some light to my situation. I just got a mail from the IRCC that I am ineligible to sponsor my wife and my son and they automatically withdrawn my application without reaching out to me. This is what the letter states
"You have not submitted an application for a member of the family class. You did not declare the applicant to IRCC on your own Application for Permanent Residence or at the time you became permanent resident of Canada. As such you do not meet regulation 117(9)(d)."
I actually cannot understand why I got denied. Because I am 100% sure that I declared them when I got sponsored by my mom.
My suggestion. Go and make a consultation with an Immigration Consultant or an Immigration Lawyer. If you are unsure, and cannot provide any more information about your application as to why it was withdrawn, seek professional advice. I am sure the feeling you have, sucks, but, without knowing anything more about the application, I don't know if anyone could offer advice.
They are saying you or someone is inadmissible pursuant to s. 117(9)(d) of the IRPR or they have withdrawn your application because...again, I don't know the words they used in your letter...so you may just need to start over and get some facts straight.
s. 117(9)(d) 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.
They do not need to reach out to you if they find you inadmissible or if they withdrew your application. They are saying that you or someone in your application was not examined. I am not sure of your past applications, so I cannot comment on what exactly they mean but...
s. (117)10) and (11) of the IRPR
(10)
They are saying you or someone is inadmissible pursuant to s. 117(9)(d) of the IRPR or they have withdrawn your application because...again, I don't know the words they used in your letter...so you may just need to start over and get some facts straight.
s. 117(9)(d) 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.
They do not need to reach out to you if they find you inadmissible or if they withdrew your application. They are saying that you or someone in your application was not examined. I am not sure of your past applications, so I cannot comment on what exactly they mean but...
s. (117)10) and (11) of the IRPR
(10)
- Exception
(10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
- Application of par. (9)(d)
(11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,
- (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
- (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.
- (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
You need to provide more details to explain how you receive your own PR status. Did your mother apply for PR and were you included in her application? Or did something else happen? When you say you included your wife and son when you were sponsored by your mother, did they complete and pass medical examinations? Did you wife provide PCCs? Again, more details needed.
How exactly were you sponsored by your mom? Typically you would not have been classified as a dependent and able to be sponsored or included as her dependent, if you were already married at the time.
When you say you declared your wife/child on your mom's PR app, does that mean they both did medical exams?
Dependant not declared and/or examined
The reason for the exclusion in R117(9)(d) and R125(1)(d) is to:
The reason for the exclusion in R117(9)(d) and R125(1)(d) is to:
- encourage honesty and full disclosure of information at the time of application in order to prevent applicants from circumventing immigration rules; and
- protect the health, safety and security o
Hello I am in a similar situation... my husband did not declare me as common law when he was processing his PR... I would like to know how you overcame this please...
At this point you may want to get a consult with an immigration lawyer. Generally speaking, there is no way to overcome this. Because your husband failed to declare you in his PR application, he can never sponsor you. You will need to explore qualifying to immigrate on your own through an economic immigration stream like Express Entry.
They probably figured this out very easily from the information submitted as part of the application for spousal sponsorship. My guess is that they most likely submitted evidence that showed they shared an address for more than a year before he immigrated to Canada and became a PR. So they were common law and he failed to declare her.
Marriage doesn't fix this. If she wasn't declared, he can never sponsor her regardless of whether they get married or not.
One simple reason would be if there is a child - would be most difficult to deny that there was a common law relationship beforehand.
Yeah so? my brother also shared an address with a woman once for over a year as friends (not even fwb)