Please i need an expert to help me i dont know what to do anymore im so sad and depress over this application i already sent our family sponsorship application since january and by then i always pray that there will be no problem not until this friday evening when i check our mailbox i got a letter form embassy and this is what it says.
Date: June 23, 2012
This is with respect to your application for permanent resident visa as a member of the family class, the class in which you applied.
A preliminary review of your file, based on the information and documentation you have submitted to date, raises concerns that you may not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that the foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common law-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations establishes the circumstances under which a person may be excluded from the family Class, notwithstanding their personal relationship to their sponsor. Specially, the Regulation state:
117(9)(d) A foreign national shall not be considered a member of a family class by virtue of their relationship to a sponsor if, 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 non- accompanying family member of the sponsor and was not examined.
Based on the information you have presented to this office, it would appear you fall within the exclusion established by this provision. Specially, it would appear you were not examined when your sponsor applied for the subsequently obtained permanent residence in Canada.
Before an officer proceeds to a final decision, we would like you to offer the opportunity to respond to this concern.
If Your sponsor can demonstrate that you were declared as a family member and examined at the time of his application for permanent residence, it may be possible to proceed with your application. One of demonstrating that you were declared as a family member would be to provide a copy of your sponsor’s application for permanent residence. If your sponsor does not have personal records, he/she may wish to contact any representative who might have assisted in their application and retained a copy of their file.
Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration is response to the concerns identified above must be received at our office within 45 days of the date of this letter.
At the end of this period, your file will be examined by visa officer. The officer will review your file and will make a decision on the application, taking into consideration all of the facts, circumstances and submissions before him/her. This will, of course, include your response (if any) to the concerns identified above and any additional documentation you have submitted. If you choose not to respond, the officer will make a decision on the basis on the information before him/her.
Please be aware that as a result of the identified exclusion issue, failure to provide any additional submission will likely result in the refusal of your application for permanent residence.
You should send any submission you wish to make to the following address:
Attention: Embassy of Canada
Family Class Section, Code: PrFC-117(9)(d)
Level 6, Tower 2, RCBC Plaza
6819 Ayala Avenue
Makati City 1200
Philippines
i dont know what to do i never hire a representative and my mom sponsored me and he never hire for representative too, and the Big problem is he never keep a copy of my permanent residence application
my question is:
1. how to i get or request a copy of my permanent resident form from the immigration
2. how long it will take to get?
3. do i have to call a immigration lawyer now?
4. what other proof do i need to give them if they only need my permanent resident copy?
my mom cant help me and i dont know what to do this is so frustrating because i only have 30 days left to respond to this letter please help me.
Date: June 23, 2012
This is with respect to your application for permanent resident visa as a member of the family class, the class in which you applied.
A preliminary review of your file, based on the information and documentation you have submitted to date, raises concerns that you may not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that the foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common law-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations establishes the circumstances under which a person may be excluded from the family Class, notwithstanding their personal relationship to their sponsor. Specially, the Regulation state:
117(9)(d) A foreign national shall not be considered a member of a family class by virtue of their relationship to a sponsor if, 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 non- accompanying family member of the sponsor and was not examined.
Based on the information you have presented to this office, it would appear you fall within the exclusion established by this provision. Specially, it would appear you were not examined when your sponsor applied for the subsequently obtained permanent residence in Canada.
Before an officer proceeds to a final decision, we would like you to offer the opportunity to respond to this concern.
If Your sponsor can demonstrate that you were declared as a family member and examined at the time of his application for permanent residence, it may be possible to proceed with your application. One of demonstrating that you were declared as a family member would be to provide a copy of your sponsor’s application for permanent residence. If your sponsor does not have personal records, he/she may wish to contact any representative who might have assisted in their application and retained a copy of their file.
Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration is response to the concerns identified above must be received at our office within 45 days of the date of this letter.
At the end of this period, your file will be examined by visa officer. The officer will review your file and will make a decision on the application, taking into consideration all of the facts, circumstances and submissions before him/her. This will, of course, include your response (if any) to the concerns identified above and any additional documentation you have submitted. If you choose not to respond, the officer will make a decision on the basis on the information before him/her.
Please be aware that as a result of the identified exclusion issue, failure to provide any additional submission will likely result in the refusal of your application for permanent residence.
You should send any submission you wish to make to the following address:
Attention: Embassy of Canada
Family Class Section, Code: PrFC-117(9)(d)
Level 6, Tower 2, RCBC Plaza
6819 Ayala Avenue
Makati City 1200
Philippines
i dont know what to do i never hire a representative and my mom sponsored me and he never hire for representative too, and the Big problem is he never keep a copy of my permanent residence application
my question is:
1. how to i get or request a copy of my permanent resident form from the immigration
2. how long it will take to get?
3. do i have to call a immigration lawyer now?
4. what other proof do i need to give them if they only need my permanent resident copy?
my mom cant help me and i dont know what to do this is so frustrating because i only have 30 days left to respond to this letter please help me.
