+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

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
55,491
13,480
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!!!