PGP 2021 Application Refusal: Next Steps

[Abhii_7]

Hi everyone,

I'm seeking some advice on a matter and trying to explore if anyone else has also received a similar refusal message.

I sponsored my parents for Permanent Residence back in November 2021. Today I received a letter from Immigration Officer stating that he/she is "not satisfied that you (the applicant - in this case my father) meet requirement R120."

According to the document, that's how they define R120:

R120 For the purposes of Part 5,

1. (a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect; and
2. (b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

I'm really not sure what the real cause of rejection is. I duly signed the IMM1344e form signing the undertaking to take care of my parents' during their stay. Is there anything I'm missing? I'm willing to appeal and seek legal counsel but I'm not sure if it's worth it.

I'll greatly appreciate any insight on this.


Thanks,
Abhi

 

[scylla]

Hi everyone,

I'm seeking some advice on a matter and trying to explore if anyone else has also received a similar refusal message.

I sponsored my parents for Permanent Residence back in November 2021. Today I received a letter from Immigration Officer stating that he/she is "not satisfied that you (the applicant - in this case my father) meet requirement R120."

According to the document, that's how they define R120:

R120 For the purposes of Part 5,

1. (a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect; and
2. (b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

I'm really not sure what the real cause of rejection is. I duly signed the IMM1344e form signing the undertaking to take care of my parents' during their stay. Is there anything I'm missing? I'm willing to appeal and seek legal counsel but I'm not sure if it's worth it.

I'll greatly appreciate any insight on this.


Thanks,
Abhi

Sorry for the refusal. Order your GCMS notes now.

Did you meet the income requirements at the time you applied and have you continued to meet the income requirements while the application has been processed? Did you receive ADR or a PFL at any point during the process?

 

[Abhii_7]

Sorry for the refusal. Order your GCMS notes now.

Did you meet the income requirements at the time you applied and have you continued to meet the income requirements while the application has been processed? Did you receive ADR or a PFL at any point during the process?

I did meet the income requirements throughout my time. However, I did sponsor my spouse in 2019, and obviously signed an undertaking for it, which would overlap with the 3 years preceding my PGP application. Not sure if that was the cause of refusal. I have consulted a lawyer but I don't have much hope.

Can you please specify what do you mean by ADR and PFL?

Thanks a lot for your time replying.

Abhi

 

[scylla]

I did meet the income requirements throughout my time. However, I did sponsor my spouse in 2019, and obviously signed an undertaking for it, which would overlap with the 3 years preceding my PGP application. Not sure if that was the cause of refusal. I have consulted a lawyer but I don't have much hope.

Can you please specify what do you mean by ADR and PFL?

Thanks a lot for your time replying.

Abhi

Did you still meet the income requirements after adding your spouse to the count? Can you confirm your spouse has not taken social assistance?

ADR is an request for additional information from IRCC. A PFL letter is an intent to refuse where IRCC gives you an opportunity to make a case for why your application should not be refused. At any point, did IRCC ask you for more information?

You really need to see what your GCMS notes say. Hopefully you have already ordered them. If not get on that right now.