alexji said:
after 90 of waiting for sponsorship approval.
this is what i got from CIC today.
i need advice please:
This refers to the Application to Sponsor a Member of the Family Class you submitted to this office on behalf of xxxxxxxxxxx xxxx xxxxx and family (if applicable).
We have reviewed your application and regret to advise that you are not an eligible sponsor for the following reason(s):
• You have not submitted an application for a member of the family class. You did not declare the applicant to Citizenship and Immigration Canada 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). Please refer to the Immigration and Refugee Protection Regulations listed below for details.
• Given this ineligibility issue, we have not reviewed any other sponsorship criteria at this time. In the event the visa officer considers processing the application for permanent residence, he/she will notify this office and a full review of all sponsorship eligibility requirements will be done. You may be contacted for additional information should that occur.
•
You indicated on your sponsorship application that you wish to continue with its processing regardless of any ineligibility. As such, the Application for Permanent Residence for your relative(s) has been forwarded to a visa office abroad for consideration.
Your ineligibility to sponsor will be a significant factor in the assessment of the Application for Permanent Residence for your relative(s). A final decision regarding that application shall be made by a visa officer and will be communicated to you and your relative. Instructions regarding the Right to Appeal will be issued as applicable by the visa office. Please note that the Right to Appeal may only be exercised after the visa officer has rendered a final decision.
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i became a permanent resident in may 2013
i got married in February 2013
Did you advise CIC when you got married? (change in marital status on application)? Your application should have had your spouse on it, that would make your spouse part of the family class. If your spouse was not on the application, then you can not sponsor under the family class. The same is true for any dependent children.
As far as I can tell ( I am not an immigration lawyer, so please keep that in mind), you need to wait for the application to continue (because "You indicated on your sponsorship application that you wish to continue with its processing regardless of any ineligibility. As such, the Application for Permanent Residence for your relative(s) has been forwarded to a visa office abroad for consideration)." If the decision is not an approval, then you can appeal your application to sponsor.
Here is a case of appeal that won, that is similar to yours, as long as you can proved that you informed immigration of the change in your marital status:
http://www.canlii.org/en/ca/irb/doc/2013/2013canlii87223/2013canlii87223.html
Very disappointing news, I can appreciate. If I were you, I would be finding an immigration lawyer to advise you on what your options are and what steps you can take.
Best of luck.