My Wife's Application was RETURNED and I don't know Exactly why, PLEASE HELP!!

[Eliezer]

Hello,

I did an outland Family class sponsorship application for my wife, they returned it to me for the second time.. the first time was a mistake with the IMM 0008 form which i fixed. now the second time I have no idea what exactly i'm missing, I did not understand the letter they sent me but maybe someone out there might know and help me out with this issue.

Here is what they said:

Dear Sir/Madam:

We are returning your submission, including all the supporting documents you included, as it does not meet the requirements for processing.

An application must meet the requirements of sections 10 and 11 of the Immigration and Refugee Protection Regulations (IRPR) to be accepted for processing. Section 12 of the IRPR states: if the requirements of sections 10 and 11 are not met, the application and all the documents submitted in support of the application shall be returned to the applicant.

In addition, Ministerial Instructions were given in December 15, 2016 pursuant to section 87.3 of the Immigration and Refugee Protection Act (IRPA), required that applications made by sponsored spouses, common-law partners, conjugal partners and dependent children, as well as the associated sponsorship applications, meet certain conditions to be accepted for processing. Any application which does not meet the conditions established in the instructions must also be returned.

The forms required by part A of the applicable Document Checklist (see how below) are needed to satisfy section 12 of the IRPR, whereas the supporting documents required by part B of the document checklist must be included to meet the conditions established by the Ministerial Instructions.

As is does not meet the requirements for processing, your submission and documents are being returned to you and will not be processed o put in the queue for processing. if you want to resubmit your application to be considered for processing, you must address the missing requirements.


Can someone out there please help me with this??? I really need to get this process going as I haven't seen my wife in over 6 months.

Any advice is a Huge help.

Thank you!

 

[CDNPR2014]

are you submitting the NEW package, forms and checklists?

are you submitting the most up to date version of each form?

Have you gone through the new checklist to make sure you are submitting ALL the required forms?
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5533E.pdf

Have you double checked every form to make sure there are signatures?

Were the proper fees paid?

 

[CDNPR2014]

here is section 10 and 11 of the IRPR for your reference. i'd recommend going through the entire package to make sure you submitted the correct forms and filled them out correctly. based on the information below, it doesn't sound like they were.

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-3.html#docCont

Applications

Marginal note:Form and content of application

10 (1) Subject to paragraphs 28(b) to (d) and 139(1)(b), an application under these Regulations shall

(a) be made in writing using the form provided by the Department, if any;

(b) be signed by the applicant;

(c) include all information and documents required by these Regulations, as well as any other evidence required by the Act;

(d) be accompanied by evidence of payment of the applicable fee, if any, set out in these Regulations; and

(e) if there is an accompanying spouse or common-law partner, identify who is the principal applicant and who is the accompanying spouse or common-law partner.

Marginal note:Required information

(2) The application shall, unless otherwise provided by these Regulations,

(a) contain the name, birth date, address, nationality and immigration status of the applicant and of all family members of the applicant, whether accompanying or not, and a statement whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person;

(b) indicate whether they are applying for a visa, permit or authorization;

(c) indicate the class prescribed by these Regulations for which the application is made;

(c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant;

(c.2) if the applicant is represented, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the name of the body of which the person is a member and their membership identification number;

(c.3) if the applicant has been advised, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the information referred to in paragraphs (c.1) and (c.2) with respect to that person;

(c.4) if the applicant has been advised, for consideration in connection with the application, by an entity — or a person acting on its behalf — referred to in subsection 91(4) of the Act, include the information referred to in paragraph (c.1) with respect to that entity or person; and

(d) include a declaration that the information provided is complete and accurate.

Marginal note:Application of family members

(3) The application is considered to be an application made for the principal applicant and their accompanying family members.

Marginal note:Sponsorship application

(4) An application made by a foreign national as a member of the family class must be preceded or accompanied by a sponsorship application referred to in paragraph 130(1)(c).

Marginal note:Multiple applications

(5) No sponsorship application may be filed by a sponsor in respect of a person if the sponsor has filed another sponsorship application in respect of that same person and a final decision has not been made in respect of that other application.

Marginal note:Invalid sponsorship application

(6) A sponsorship application that is not made in accordance with subsection (1) is considered not to be an application filed in the prescribed manner for the purposes of subsection 63(1) of the Act.

SOR/2004-59, s. 2; SOR/2004-167, s. 5; SOR/2011-129, s. 2; SOR/2012-225, s. 1.
Previous Version
Marginal notelace of application for permanent resident visa

11 (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves

(a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or

(b) the applicant’s country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

Marginal notelace of application for temporary resident visa, work permit or study permit

(2) An application for a temporary resident visa — or an application for a work permit or study permit that under these Regulations must be made outside of Canada — must be made to an immigration office that serves as an immigration office for processing the type of application made and that serves, for the purpose of the application,

(a) the country in which the applicant is present and has been lawfully admitted; or

(b) the applicant’s country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

Marginal note:Applications to remain in Canada as permanent residents

(3) An application to remain in Canada as a permanent resident as a member of one of the classes referred to in section 65 or subsection 72(2), and an application to remain in Canada under subsection 21(2) of the Act, must be made to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

Marginal note:Applications for permanent resident cards

(4) An applicant for a permanent resident card must send the application to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

Marginal note:Sponsorship applications

(5) A person who applies to sponsor a foreign national, other than a foreign national who is making an application for a permanent resident visa under Division 1 of Part 8, must send the application to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

SOR/2004-167, s. 6; SOR/2012-154, s. 2; SOR/2012-225, s. 2.

 

[Eliezer]

Thank you for the info,

The thing is that my wife was here in November for a week and that's when we filled out all the forms and got the package ready, I sent it out to immigration in December and they returned it in January 2nd... now I see that there are new forms or whatnot... If she is out of the country do i just get her to print out the forms in Brazil, have her sign them and then scan it and send it back to me? or does immigration require the original forms? because it will take a while if she has to send it by mail.

 

[Eliezer]

Thank you for showing me the info for the IRPR, but even after looking at this I still don't know what it means or what forms needs to be filled out, I just need to know what forms or peace of information I'm missing that they need from me.

 

[Tdot_Boy]

Thank you for the info,

The thing is that my wife was here in November for a week and that's when we filled out all the forms and got the package ready, I sent it out to immigration in December and they returned it in January 2nd... now I see that there are new forms or whatnot... If she is out of the country do i just get her to print out the forms in Brazil, have her sign them and then scan it and send it back to me? or does immigration require the original forms? because it will take a while if she has to send it by mail.

Hello,
Sorry to hear about your situation.
IRCC requires original signatures on the forms
Use Fedex to mail everything to you, it will probably take 4 days to get here

Hope this helps

Thanks,

 

[CDNPR2014]

Thank you for the info,

The thing is that my wife was here in November for a week and that's when we filled out all the forms and got the package ready, I sent it out to immigration in December and they returned it in January 2nd... now I see that there are new forms or whatnot... If she is out of the country do i just get her to print out the forms in Brazil, have her sign them and then scan it and send it back to me? or does immigration require the original forms? because it will take a while if she has to send it by mail.

unfortunately it sounds like you submitted old paperwork and you will have to start all over with the NEW and CURRENT Forms. this means, your wife has to fill them out and mail them to you. As the other poster mentioned, IRCC will not accept scanned copies of forms requiring signatures. only originally signed forms will be accepted.

 

[scylla]

Agreed with the above. You submitted the old paperwork/package after it was no longer accepted by CIC. You need to complete the application using the new paperwork/package.

Also agreed that original signatures are required.

 

[Canada91]

For those that have had their application returned - did you receive a refund of the fees before/after you received your package?

 

[CDNPR2014]

For those that have had their application returned - did you receive a refund of the fees before/after you received your package?

no, a refund is not given automatically. an applicant or sponsor needs to request the refund to initiate it. if an application is returned, the fees are still valid as they haven't been applied to anything yet.

 

[ykmba]

I also need HELP. I had a similar case. My application has been returned the second time. There is some mistake in the IMM008 form as they have marked the IMM008 form in blue. They sent me the exact same big letter that says about conditions to be met for section 12 in IRPR. I am not able to understand the mistake I have made. I have downloaded and validated the most recent form. On the last page of the form IMM008 where it says Signature of applicant, I have typed the name on computer and then I took the printout. Is that the problem??? Any help or advise would be appreciated.

 

[Classic Chucks]

I also need HELP. I had a similar case. My application has been returned the second time. There is some mistake in the IMM008 form as they have marked the IMM008 form in blue. They sent me the exact same big letter that says about conditions to be met for section 12 in IRPR. I am not able to understand the mistake I have made. I have downloaded and validated the most recent form. On the last page of the form IMM008 where it says Signature of applicant, I have typed the name on computer and then I took the printout. Is that the problem??? Any help or advise would be appreciated.

But did you sign it using a pen? The form needs an original signature.

 

[Alurra71]

I also need HELP. I had a similar case. My application has been returned the second time. There is some mistake in the IMM008 form as they have marked the IMM008 form in blue. They sent me the exact same big letter that says about conditions to be met for section 12 in IRPR. I am not able to understand the mistake I have made. I have downloaded and validated the most recent form. On the last page of the form IMM008 where it says Signature of applicant, I have typed the name on computer and then I took the printout. Is that the problem??? Any help or advise would be appreciated.

Yes. Typing your name on the computer and printing it out is NOT the same as physically signing the form. Type everything, with the exception of your signature and then sign the form using either blue or black ink as indicated in the directions.

 

[ykmba]

Thanks guys for the response. Another thing I would like to confirm. They have marked only the form IMM008 in blue as there was some error. For other forms they haven't marked anywhere. So can I assume that rest of the forms are correct and I don't need to change anything in other forms??

 

[Sunnydee]

Hi

My package got returned today and no highlight just the letter stating section 10 and 11 and they Unstapled the IMM 0008 and IMM 1344 and Unstapled the checklist , what does means ?