Permanent Resident for Family Class Rejected..PLS HELP!

[tobi_02]

Guys, anyone here can help..I badly need my husband, coz i just delivered my child.Unfortunately our application for him to get here was rejected. See below CIC Manila result from our application:

"You and your sponsor were married on February 9, 2012. Your sponsor landed in Canada on February 27, 2012. Based on the information you have presented to this office, it would appear you fall within the exclusion established by this provision. Specifically, it would appear you were not examined when your sponsor applied for and subsequently obtained permanent residence in Canada.

Before an officer proceeds to a final decision, we would like to offer you 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/her application for permanent residence, it may be possible to proceed with your application. One way 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. Please note that this office cannot provide any assistance with this process.

Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration in response to the concerns identified above must be received at our office within 45 days of the date of this letter."

What should I do, I just delivered my baby last Sept 02, (C section).I need my husband here in Canada.PLEASE HELP, Do i have to make a letter explaining my situation here, and what other documents must i resubmit?

Would really appreciate you HELP guys.

 

[kiwi123]

Did you declare to CIC that you were married before you landed? If so they just want proof of that. If not, you really should have because you will never be able to sponsor him(im not sure if this can be reversed on appeal). He will have to find another class to immigrate to Canada through.

 

[scylla]

Agreed. The key question is did you get married before you landed? If you did - then you're out of luck and you can never sponsor him for PR. If he wants to immigrate to Canada, he will have to do this on his own through another immigration category like skilled worker.

If CIC has their facts wrong, then you can appeal.

 

[sakamath]

A couple of things to consider...

1. Did you get your passport back (stamped with PR visa) after Feb 9th or before Feb 9th? If it was before, then there is nothing wrong with your PR application. You were unmarried for the entire duration of your PR process.

2. Did you inform the immigration officers during your "landing process" that your marital status has changed? You should have said YES and get that noted on your landing papers.

If you married after you got your passport stamped AND you informed about your marital status change during "landing" AND you can demonstrate these, you can explain it to CIC.

 

[tobi_02]

Did you declare to CIC that you were married before you landed? If so they just want proof of that. If not, you really should have because you will never be able to sponsor him(im not sure if this can be reversed on appeal). He will have to find another class to immigrate to Canada through.

i first landed to Canada year 2009.after completing 3 years, i got my PR card..i am still single that time..all my immediate family members declared to my application.Exit canada Jan 2012 to get marry to my long time boyfriend. By feb 2012 i landed back to Canada.

Nov 2013 went back to phil spent christmas and get pregnant and now gave birth last sept 2, 2014 and decide to sponsor my husband to help me to raise her because i dont have any immediate family here to help.

APRIL 2014, i declare changes regarding my status to service Canada.. and JUNE 2014 when we apply for sponsorship.

What must i do regarding my case, i delivered my baby C section, i badly need the help of my husband.. Guys whats your ideas?

 

[sammystorm19]

i first landed to Canada year 2009.after completing 3 years, i got my PR card..i am still single that time..all my immediate family members declared to my application.Exit canada Jan 2012 to get marry to my long time boyfriend. By feb 2012 i landed back to Canada.

Nov 2013 went back to phil spent christmas and get pregnant and now gave birth last sept 2, 2014 and decide to sponsor my husband to help me to raise her because i dont have any immediate family here to help.

APRIL 2014, i declare changes regarding my status to service Canada.. and JUNE 2014 when we apply for sponsorship.

What must i do regarding my case, i delivered my baby C section, i badly need the help of my husband.. Guys whats your ideas?

Did you actually receive your PR Status before you left to get married? You didn't land as a PR in February 2012 as you were already a PR?

Just trying to get all the fact here as I am confused. If you were a PR before you left to get married you didn't "land" in Feb 2012 and I don't see what the issue would be. They might be looking at the dates you put on your application and the way you worded it.

 

[keesio]

i first landed to Canada year 2009.after completing 3 years, i got my PR card..i am still single that time..all my immediate family members declared to my application.Exit canada Jan 2012 to get marry to my long time boyfriend. By feb 2012 i landed back to Canada.

Nov 2013 went back to phil spent christmas and get pregnant and now gave birth last sept 2, 2014 and decide to sponsor my husband to help me to raise her because i dont have any immediate family here to help.

APRIL 2014, i declare changes regarding my status to service Canada.. and JUNE 2014 when we apply for sponsorship.

What must i do regarding my case, i delivered my baby C section, i badly need the help of my husband.. Guys whats your ideas?

The key question is when did you officially land as a PR. CIC has you on record for February 27, 2012. Look at the back of your PR card. What is the date for "PR since"? If you got married before that date (CIC said you got married on Feb 9, 2012), but you listed yourself as single, never updated CIC, and your landing date is Feb 27, 2012... then that is a major problem.

And note that it doesn't matter if you were single on the date you filed the application. You need to declare to immigration if your were married beofre landing as a PR (CIC will ask you if there have been any changes when you are landing).

 

[scylla]

The information you have provided doesn't quite make sense.

What date did you land and officially become a permanent resident? Was it February 27, 2012?

What date did you marry your husband? Was it February 9, 2012?

These are the only two dates that matter. If the dates above are correct you can never sponsor your husband.

 

[scylla]

I think I see what happened...

- You got your approved PR visa in January 2012 while you were in Canada.
- You then left Canada and married your husband February 9, 2012.
- You then returned to Canada and used your PR visa to land and officially become a PR on February 27, 2012.

If this is correct, then you failed to declare your husband prior to landing and therefore can never sponsor him. And in that case he will need to qualify to immigrate on his own if he wants to come to Canada to live permanently.

 

[sakamath]

If you had your PR Card (this is a thick card like a credit card, not the stamp on your passport), before you left Canada and then got married, then you do not have anything to worry. Simply state to CIC the date you became an official PR (check at the back of your PR card for this date). Send them a copy of your card. You must also have a "Confirmation of Landing" document. This would have a stamp showing the date you officially became a PR, send a copy of that too.

 

[Rob_TO]

"You and your sponsor were married on February 9, 2012. Your sponsor landed in Canada on February 27, 2012.

Unfortunately if these dates are correct, your husband is permanently excluded from family class sponsorship.

You do not become a PR until you land as a PR with your COPR documents in Canada. It doesn't matter when you get your COPR/visa, the only date that matters is when you physically land in Canada. If you had a COPR stating you were single, but at the time you physically landed in Canada you were actually married, then that would cause your husband to be excluded forever from sponsorship. You were supposed to have declared him before landing, done his medical/police checks, and visa office would have given you and your husband new COPRs as married couple.

So you really need to confirm the physical dates you landed as PR and got married... as how you've explained things is a bit confusing.