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Procedural Fairness (Urgent)!!!!

faraz614

Member
Mar 20, 2017
14
0
Hi,

I got married (arrange) to my wife in February 2018. We did not do Rukhsati because she was going to stay with her parents and complete her house job (she is studying to become a dentist), while i was going to come back to Canada (i am on PR) and apply for her spouse visa. But we did have Mehndi, Barat, and also did Walima since we got married and wanted to celebrate that with our family and friends.
I sponsored my wife (from Pakistan) in February 2019. I submitted the application on Feb 28, 2019. By August, her, biometrics & medical was done and submitted. In September i got an email saying that the application has been forwarded to the London office.

Two days ago i got an email for procedural fairness. See the letter below:

I have reviewed your application and all of the documents you submitted in support of it. It appears that you may not meet the requirements for immigration to Canada. I have determined that you may not meet the requirements of the Immigration and Refugee Protection Act because you do not appear to meet Section 4 of IRPR. The Immigration and Refugee Protection Regulations state, in section: R 4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine. You do not appear to meet these requirements for the following reasons: It appears from your application that you did not celebrate the Rukhsati after your marriage. You have not submitted an explanation for why you have not celebrated the Rukhsati. It appears that you have not followed the tradition in Pakistan weddings of celebrating the Rukhsati straight away or soon after the wedding celebrations, and this is a serious concern regarding the bona fides of your relationship. Given the above, I have concerns regarding the bona fides of your relationship, as it is unclear whether you have demonstrated the level of commitment expected of a couple in a genuine relationship.

Subsection 11(1) of the Act states that the visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. It appears that you do not meet the requirements of the Act for the reasons set out above.


Can you please help. I am not sure what to say and why is this a concern? we are not very religious and even after Nikkah we lived together for about a month. what should i respond? Should i just say that we plan to do Rukhsuti when she get her visa and before coming to Canada.


 

saf1234

Star Member
May 30, 2019
145
40
If you lived together for a month and provided pics of honeymoon and outings, why are they doubting it then? I submitted my pics of barat indicating when rukhsati was being performed (me leaving with my husband as my family was seeing me off)
I don't know what they consider rukhsati honestly.
 

faraz614

Member
Mar 20, 2017
14
0
If you lived together for a month and provided pics of honeymoon and outings, why are they doubting it then? I submitted my pics of barat indicating when rukhsati was being performed (me leaving with my husband as my family was seeing me off)
I don't know what they consider rukhsati honestly.

i don't know what they mean by Rukhsati. we didn't have any pictures of us leaving in the car together. but we did submit pictures of our outings and us on honeymoon.
I am not sure what else to submit to say to them at this point.
 

canuck78

VIP Member
Jun 18, 2017
57,258
14,083
Assume this is an arranged marriage so CIC looks very carefully to make sure exact cultural traditions are followed because there can be quite little time together and no dating history. Unfortunately this makes it easy for people to fake true marriages. You will have to try and explain why Rukshati wasn’t done and hope CIC accepts the reason.
 

bkhan88

Member
Jan 25, 2018
14
18
i don't know what they mean by Rukhsati. we didn't have any pictures of us leaving in the car together. but we did submit pictures of our outings and us on honeymoon.
I am not sure what else to submit to say to them at this point.
Can you please share what was the end result after you received the Procedural Fairness letter? and how long it took for you to get your application approved (hopefully)? this is extremely urgent for me as I have also just received this letter? any information and insights regarding this matter will be greatly appreciated. thankssssss!!!
 

Nigii

Member
Feb 4, 2025
16
0
Hi,

I got married (arrange) to my wife in February 2018. We did not do Rukhsati because she was going to stay with her parents and complete her house job (she is studying to become a dentist), while i was going to come back to Canada (i am on PR) and apply for her spouse visa. But we did have Mehndi, Barat, and also did Walima since we got married and wanted to celebrate that with our family and friends.
I sponsored my wife (from Pakistan) in February 2019. I submitted the application on Feb 28, 2019. By August, her, biometrics & medical was done and submitted. In September i got an email saying that the application has been forwarded to the London office.

Two days ago i got an email for procedural fairness. See the letter below:

I have reviewed your application and all of the documents you submitted in support of it. It appears that you may not meet the requirements for immigration to Canada. I have determined that you may not meet the requirements of the Immigration and Refugee Protection Act because you do not appear to meet Section 4 of IRPR. The Immigration and Refugee Protection Regulations state, in section: R 4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine. You do not appear to meet these requirements for the following reasons: It appears from your application that you did not celebrate the Rukhsati after your marriage. You have not submitted an explanation for why you have not celebrated the Rukhsati. It appears that you have not followed the tradition in Pakistan weddings of celebrating the Rukhsati straight away or soon after the wedding celebrations, and this is a serious concern regarding the bona fides of your relationship. Given the above, I have concerns regarding the bona fides of your relationship, as it is unclear whether you have demonstrated the level of commitment expected of a couple in a genuine relationship.

Subsection 11(1) of the Act states that the visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. It appears that you do not meet the requirements of the Act for the reasons set out above.

Can you please help. I am not sure what to say and why is this a concern? we are not very religious and even after Nikkah we lived together for about a month. what should i respond? Should i just say that we plan to do Rukhsuti when she get her visa and before coming to Canada.
What was the outcome , pleas help me I applied for my husband and explanation they are asking where is ruksati reception why was not done and it was a court marriage any help
 

Nigii

Member
Feb 4, 2025
16
0
Hi,

I got married (arrange) to my wife in February 2018. We did not do Rukhsati because she was going to stay with her parents and complete her house job (she is studying to become a dentist), while i was going to come back to Canada (i am on PR) and apply for her spouse visa. But we did have Mehndi, Barat, and also did Walima since we got married and wanted to celebrate that with our family and friends.
I sponsored my wife (from Pakistan) in February 2019. I submitted the application on Feb 28, 2019. By August, her, biometrics & medical was done and submitted. In September i got an email saying that the application has been forwarded to the London office.

Two days ago i got an email for procedural fairness. See the letter below:

I have reviewed your application and all of the documents you submitted in support of it. It appears that you may not meet the requirements for immigration to Canada. I have determined that you may not meet the requirements of the Immigration and Refugee Protection Act because you do not appear to meet Section 4 of IRPR. The Immigration and Refugee Protection Regulations state, in section: R 4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine. You do not appear to meet these requirements for the following reasons: It appears from your application that you did not celebrate the Rukhsati after your marriage. You have not submitted an explanation for why you have not celebrated the Rukhsati. It appears that you have not followed the tradition in Pakistan weddings of celebrating the Rukhsati straight away or soon after the wedding celebrations, and this is a serious concern regarding the bona fides of your relationship. Given the above, I have concerns regarding the bona fides of your relationship, as it is unclear whether you have demonstrated the level of commitment expected of a couple in a genuine relationship.

Subsection 11(1) of the Act states that the visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. It appears that you do not meet the requirements of the Act for the reasons set out above.

Can you please help. I am not sure what to say and why is this a concern? we are not very religious and even after Nikkah we lived together for about a month. what should i respond? Should i just say that we plan to do Rukhsuti when she get her visa and before coming to Canada.


Hello what was your justification please and thanks
 

canuck78

VIP Member
Jun 18, 2017
57,258
14,083
Is this an arranged marriage or do you have a long western style dating history? How much time have you spent together in person and over how many visits?
 

Nigii

Member
Feb 4, 2025
16
0
Well, it’s a court marriage , no support of both families , including wedding 4 visits in total and different event pictures were sent only asking why there is no ruksati
 

Nigii

Member
Feb 4, 2025
16
0
It appears from your application that you did not celebrate your marriage according to the traditional
customs of Pakistani weddings. This is a serious concern regarding the bona fides of your relationship.
I note that over two years have now passed since your marriage, and you have not submitted sufficient
evidence to demonstrate that you have celebrated the Rukhsati since submitting of your application.
Given the above, I have concerns regarding the genuineness of your relationship.
• Please explain why you did not celebrate the Rukhsati. If you have celebrated this tradition
since the submission of your application, please submit photos which clearly show the
celebration among the wider community and a copy of you and your sponsor’s passports to
show his entry/exit stamps for that trip.
Please note, if your relationship is not considered to be genuine and instead entered into primarily to
gain entry to Canada, you would no longer be considered a member of the family class.
Objection
 

canuck78

VIP Member
Jun 18, 2017
57,258
14,083
Well, it’s a court marriage , no support of both families , including wedding 4 visits in total and different event pictures were sent only asking why there is no ruksati
You could justify not having a traditional wedding for example if you had a long western style dating history. How long were these visits and when? Are you Canadian? If not how long have you been in Canada? Why are parents not supportive? Have you returned in the past 2 years to visit your spouse?
 

Nigii

Member
Feb 4, 2025
16
0
I’m Canadian , my parents didn’t want me to marry someone from pk okay I have mentioned earlier 4 times I visited him but answer im asking their objection is why there is no ruksati
 

canuck78

VIP Member
Jun 18, 2017
57,258
14,083
I’m Canadian , my parents didn’t want me to marry someone from pk okay I have mentioned earlier 4 times I visited him but answer im asking their objection is why there is no ruksati
How long did you visit him for and over what time period? If there is concern about whether your relationship is genuine time spent in person and over what period is very important. Why was his family not at the wedding?
 

Nigii

Member
Feb 4, 2025
16
0
I guess you guys are not reading it and it’s not helpful , if you read I mentioned it’s a court marriage and families were disagree , lastly objective about ruksati why it was not done not how long we spend or not
 

canuck78

VIP Member
Jun 18, 2017
57,258
14,083
I guess you guys are not reading it and it’s not helpful , if you read I mentioned it’s a court marriage and families were disagree , lastly objective about ruksati why it was not done not how long we spend or not
They are all related. Why the families disagreed and why no other family members didn’t attend also important. There is concern about the genuineness of your relationship not only the ceremony which is why time spent together and when also important.