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Permanent residency refusal

Zj08

Full Member
Jan 8, 2017
22
0
I supposed it was really unfair on my part as a good tax payer and I never commit any illegal act since im landed here in Canada from 2012 to being not inadmissible, and that I am asking/ begging to please help me in dealing with my problem with the CIC's decision.
As for your good knowledge,I have three children but one of them is happened to be illegitimate.This does not mean however that the affection I have for my legal children is different from him.I am fully aware of all my responsibilities not only of raising them with standard living but giving them the adequate support and equal opportunities.My Family is my inspiration and my motivation to work harder and aim high in life.While they're growing up,it seems to me that the greatest opportunity to become progressive is to work abroad.It's really hard to bear the sadness of being away from home.For a father who loves his family,I will do my very best that I can.The sadness,pain,and longing for my children and wife to hold and be with them again are my greatest armour to dream and believe that we will be together again as a happy complete Family.
My application status is close to the end. I have a son that is happened to be illegitimate and he is 10 years old. I included him in my application because I wanted to give him a good future too the same as I have in my legitimate children. As we run through, everything seems to be fine and his mother is very supportive and I've gathered all of his necessary documents that is why I passed the PNP nomination. However, when I submitted it to the Federal..his mother unexpectively changed her mind,.She refused to give my son's passport and unwilling to cooperate in the process for the reason that he is her only child and she couldn't live far from him. Because of that, I decided to cancel him in the application for it would closely affect my legitimate family's status. I've sent an email to CIC regarding my illegitimate son's cancellation due to his mother's decision of keeping him with her.
After several months, our medical request form came at hand and my son was still included in the medical examination. It is stated in the email that I am required to have all my family members examined whether accompanying or not to ensure that they are not inadmissible to Canada with in 30 days. It has been said that if I am unable to meet the requirement, I must satisfy an officer that extenuating circumstances in doing so. I have made all reasonable effort to have my family examined except for my illegitimate son.His mother hardened her heart and no one could please her to allow our son's to be examined which I contacted many times to please her.
I decided to consult a lawyer then and told him all the details and let him do all the necessary action for my case because I have a busy schedule with my work. I am comfortable that everything would be alright and hoping that it would be over soon. Come December 08 I received an email from the immigration stating that they were not satisfied with all the documents I submitted, therefore they REFUSE my application.
To that date until now, I couldn't bear the pain that I am experiencing right now,I couldn't sleep well,. I've waited for 3 years expecting for the success of my application and lose that hope in just a nap. I've been far from home for 7 years and it is my fervent wish and hope to be with them. All dreams were shattered and deep inside me I am hurting so much. So long, I hope that I captured your heart and help me with what I am going through.Could anyone here with the same situation then send an email to cic for reconsideration turn to positive desicion?Thank you.
 

scylla

VIP Member
Jun 8, 2010
95,836
22,107
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What evidence did you submit to CIC to prove you weren't able to obtain a medical or passport copy for your son? Did you provide any documentation to prove his mother has sole custody?
 

Zj08

Full Member
Jan 8, 2017
22
0
passport copy......my lawyer sending a mailed via courier for reconsideration to the program manager,,hopefully we got a good outcome from the PM.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Zj08 said:
passport copy......my lawyer sending a mailed via courier for reconsideration to the program manager,,hopefully we got a good outcome from the PM.
You needed to send proof that you were unable to have the child undergo the medical. Such proof includes legal documents showing the mother has full custody, emails/texts/etc. from her refusing to allow the medical, a notarized letter from you declaring that did everything you could and that you understand the consequences of not including him, etc.

If you didn't send anything like that, then it is no surprise your app was refused.
 

Zj08

Full Member
Jan 8, 2017
22
0
On Oct. 24 I received the medical request from the CIC and follow all the requirements for the procedure but unfortunately one of my dependent that is happen to be illegitimate couldnt be examined due to his mother's refusal to cooperate. My Lawyer sent an email to CIC on Nov. 22 (before the Medical Examination deadline which is 30days upon receiving it.) stating that my illegitimate son would not be included in the examination due to some complications risen brought by the mother which I have contacted many times convincing her for my son's examination but she keeps on refusing. On Dec. 08 of 2016 I received an email from the Immigration declaring that the officer was not satisfied for all my efforts and hardship that is not sufficient to warrant relief on Humanitarian and Compassionate grounds which result for the REFUSAL of my application. My Lawyer again sent a letter by a courier on Dec. 16 requesting Demand for Reconsideration to Immigration Program Manager or IPM. This included all the proofs and new evidences tru the form of text messages that the mother refused to examine our son and no one could please her to do so.
I just want to know if there would be a chance to change the negative decision of the presiding officer... and could have a positive response from the IPM. Thank you.
 

specialmary

Hero Member
Jun 18, 2012
376
18
Zj08 said:
On Oct. 24 I received the medical request from the CIC and follow all the requirements for the procedure but unfortunately one of my dependent that is happen to be illegitimate couldnt be examined due to his mother's refusal to cooperate. My Lawyer sent an email to CIC on Nov. 22 (before the Medical Examination deadline which is 30days upon receiving it.) stating that my illegitimate son would not be included in the examination due to some complications risen brought by the mother which I have contacted many times convincing her for my son's examination but she keeps on refusing. On Dec. 08 of 2016 I received an email from the Immigration declaring that the officer was not satisfied for all my efforts and hardship that is not sufficient to warrant relief on Humanitarian and Compassionate grounds which result for the REFUSAL of my application. My Lawyer again sent a letter by a courier on Dec. 16 requesting Demand for Reconsideration to Immigration Program Manager or IPM. This included all the proofs and new evidences tru the form of text messages that the mother refused to examine our son and no one could please her to do so.
I just want to know if there would be a chance to change the negative decision of the presiding officer... and could have a positive response from the IPM. Thank you.
Sorry to hear that. I don't think your case can be considered as Humanitarian concern too. Humanitarian concern must be more serious (e.g., something leading to death of a person). It is also not easy to get a visa due to Humanitarian concern.

CIC will include every family member for medical checkup because a father has the right to sponsor dependents in the future, irrespective the medical concern of the dependents later in the time.

Can you convince to his mother that he can do medical checkup even though he will not come to Canada? Doing medical checkup does not mean that he will come to Canada. It is just for you to get the visa only. After your dependents reaching 18 years old, it is also not easy for you to sponsor them anyway.
 

Zj08

Full Member
Jan 8, 2017
22
0
thank you very much specialmary for your response,,I was already convince the mother a hundred times,but she still hardered her heart and no one can please her to examine my son.My only concerned is how about my legitimate family,i think it's unfair to my part specially to my kids and wife.,as I desperately wants to become a permanent Resident after working so hard towards it for the many years.I wanted to provide a better life for my Family.But because of that situation,my dreams were shattered and I couldn't bear the pain that i'm waiting for 3 years expecting for the success of my application.Your response and concern are highly appreciated..Thank you.
 

specialmary

Hero Member
Jun 18, 2012
376
18
Zj08 said:
thank you very much specialmary for your response,,I was already convince the mother a hundred times,but she still hardered her heart and no one can please her to examine my son.My only concerned is how about my legitimate family,i think it's unfair to my part specially to my kids and wife.,as I desperately wants to become a permanent Resident after working so hard towards it for the many years.I wanted to provide a better life for my Family.But because of that situation,my dreams were shattered and I couldn't bear the pain that i'm waiting for 3 years expecting for the success of my application.Your response and concern are highly appreciated..Thank you.
I wish I could have a better response to you, but CIC will check the health of all your legitimate spouse and dependents, because you can sponsor them if they are included in your application and even if they do not come with you now. They have the right to come even when they later have poor health. Therefore, CIC wants to ensure that they have good health at least at the time when you apply.

The best method is really to convince their mother. Alternatively, get good legal suggestion (e.g., Campbell Cohen in Canadavisa).
 

Zj08

Full Member
Jan 8, 2017
22
0
Nice to hear from you again. I still have another concern and hope it is relevant too. It happen to me these days that I've read from an immigration website that a refund for a refused application would be made weeks after being refused however if filed an appeal for reconsideration is made right away then the refund would be given after the result will be rendered. Now, in my case I filed right away an appeal for reconsideration after being refused but not long after... .just this morning. I recieved my landing fee sent by the CIC but I havent received any result yet from my appeal from them. How is it?
Thank you.
 

specialmary

Hero Member
Jun 18, 2012
376
18
Zj08 said:
Nice to hear from you again. I still have another concern and hope it is relevant too. It happen to me these days that I've read from an immigration website that a refund for a refused application would be made weeks after being refused however if filed an appeal for reconsideration is made right away then the refund would be given after the result will be rendered. Now, in my case I filed right away an appeal for reconsideration after being refused but not long after... .just this morning. I recieved my landing fee sent by the CIC but I havent received any result yet from my appeal from them. How is it?
Thank you.
Immigration application fee, once an application starts to process, cannot be refunded.
 

Zj08

Full Member
Jan 8, 2017
22
0
Thank you mam.
Yes I understand the application fee agreement..but what I just received the other day was a refund from my Landing fee. What could be the possible reason of that matters? I haven't received any response yet for my appeal but they'd already gave back my Landing fee. Will it affect the result of my application? What to do about it?
Thank u once again and good day.
 

specialmary

Hero Member
Jun 18, 2012
376
18
Zj08 said:
Thank you mam.
Yes I understand the application fee agreement..but what I just received the other day was a refund from my Landing fee. What could be the possible reason of that matters? I haven't received any response yet for my appeal but they'd already gave back my Landing fee. Will it affect the result of my application? What to do about it?
Thank u once again and good day.
Well, they giving you back the landing fee has nothing to do with your appeal. Keep your finger crossed!
 

Zj08

Full Member
Jan 8, 2017
22
0
Thank you once again.
I've already received the result of my appeal and it seems that it is getting over. But then again, as long as there will always be possible way...I'll take it.
Problem arises when my illegitimate son's mother refused to undertake him for a medical exam that resulted to a Refusal of our application.
I have a question...what if I could submit the necessary requirements like I will be the one to take my son for medical exam? Would it be possible to re-open my application?
Thank you so much and good day.
 

Zj08

Full Member
Jan 8, 2017
22
0
I re-applied for my Permanent Residency application since I've been refused.
I would like to know if I can still use my previous documents for my next application such as the declaration from Non- Accompanying parent for minors Immigrating to Canada. This is with regards to my illegitimate son's mother declaration paper. Can I still use it?
Thank you and Good day!
 

Zj08

Full Member
Jan 8, 2017
22
0
hi specialmary...

I re-applied for my Permanent Residency application since I've been refused.
I would like to know if I can still use my previous documents for my next application such as the declaration from Non- Accompanying parent for minors Immigrating to Canada. This is with regards to my illegitimate son's mother declaration paper. Can I still use it?
Thank you and Good day!