Got this update today
This refers to your application for permanent residence in Canada as a member of the Family
Class.
I have reviewed your application and all of the documents you submitted in support of it. It
appears that you may not meet the requirements for immigration to Canada.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign
national must, before entering Canada, apply to an officer for a visa or any other document
required by the Immigration and Refugee Protection 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 the Act.
I have determined that you may not meet the requirements of the Immigration and Refugee
Protection Act because you are a person described in paragraph A12(1) and R4 of the Act. You
may therefore be inadmissible to Canada.
12 (1) 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.
4 (1) For the purposes of these Regulations, a foreign national shall not be considered a
spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law
partnership or conjugal partnership
(a) was entered into primarily for the purpose of acquiring any status or privilege under the
Act; or
(b) is not genuine.
It is unclear from your application whether you celebrated the Rukhsati after your marriage.
Although you indicate you did so, I note you have not held a Walima, that you will celebrate the
Walima in Canada, and there are no photos on your application which clearly show the Rukhsati
celebration. It appears that you may not have followed the tradition in Pakistan weddings of
celebrating the Rukhsati straight away or soon after the wedding celebrations, and this is a
serious concern regarding the bona fides of your relationship. Given the above, I have concerns
regarding the bona fides of your relationship. Please explain why you did not celebrate the
Rukhsati, if relevant, and when you plan to do so. If you have celebrated this tradition, either at
the time of the Nikah or since the submission of your application, please submit photos which
clearly show the celebration.
Furthermore, you have indicated that your wedding was attended by 20 guests. I am aware that
an important part of a wedding in Pakistan tradition is that it is celebrated within the wider family
and wider community. However, based on the information in your application and on the
wedding photos you have submitted, it appears your wedding was celebrated among a limited
number of guests. This raises concerns that your wedding may have taken place in order for
you to gain permanent residence in Canada. Please explain why your wedding was celebrated
among a limited number of guests.
Furthermore, you have not submitted sufficient evidence of communication between you and
your sponsor for the periods whilst you were apart. You have submitted screen shots of short
messages only. The absence of evidence to show ongoing and meaningful communication
since your marriage is a concern as such evidence is important in ensuring that a relationship
has been maintained and is genuine and not just a marriage entered into in order to gain
permanent residence in Canada. In the absence of this evidence, I have concerns regarding the
bona fides of the relationship. Please submit evidence of communication between you and your
sponsor since her return to Canada. Please ensure the evidence clearly shows the
communication is between you and your sponsor. Please translate any messages that are not in
English or French into English or French.
Please note, if your relationship is not considered to be genuine and instead entered into
primarily to gain entry to Canada, you would no longer be considered a member of the family
class.
Please also use this opportunity to submit the following updated documents, which are required
for a review of your admissibility to Canada:
- An updated Schedule A form, with information dating back to the age of 18, ensuring no
gaps in information or dates.
- An updated police certificate from Pakistan.
- An updated IMM5562 form.
Please note, if you do not submit the above-requested documentation, a decision will be made
on your application based on the documents and information on file, and this decision may be a
refusal.
Please use this opportunity to address my concerns and indicate any further information you
would like to be considered in respect of your application.
I would like to provide you with the opportunity to respond to this information. You will have 30
days from the date of this letter to make any representations in this regard. Please respond
using the address at the bottom of this letter and clearly indicate your file number for all
correspondence you send to the High Commission of Canada, London, UK.
If you do not respond to this request within 30 days, your application will be assessed based on
the information currently on file and may result in the refusal of your application.
