Dears, today I received a letter of Procedural Fairness, which is as below:
I have determined that you may not meet the requirements of the Immigration and Refugee Protection Act because you do not appear to meet Sections 120, 130 (2) and 133 (1)(a) of the IRPR. The Immigration and Refugee Protection Regulations state, in section: R 120 For the purposes of Part 5, (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 (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. R 130(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.
You do not appear to meet these requirements because whilst your sponsor can sponsor you, whilst she resides overseas, we must be satisfied that you will reside in Canada, once you become a permanent resident of Canada. The documentary evidence to support her return does not convince our office that she has the intention to reside in Canada when you become a permanent resident. R 133 (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor (a) is a sponsor as described in section 130;
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. Before I make a final decision, you may submit additional information relating to these concerns. You must provide any additional information within 30 days from the date of this letter.
I had already submitted additional information, then they changed the the status of additional information to N/A, and now they said that they are not satisfied with the submitted document.
What to do?
I have determined that you may not meet the requirements of the Immigration and Refugee Protection Act because you do not appear to meet Sections 120, 130 (2) and 133 (1)(a) of the IRPR. The Immigration and Refugee Protection Regulations state, in section: R 120 For the purposes of Part 5, (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 (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. R 130(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.
You do not appear to meet these requirements because whilst your sponsor can sponsor you, whilst she resides overseas, we must be satisfied that you will reside in Canada, once you become a permanent resident of Canada. The documentary evidence to support her return does not convince our office that she has the intention to reside in Canada when you become a permanent resident. R 133 (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor (a) is a sponsor as described in section 130;
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. Before I make a final decision, you may submit additional information relating to these concerns. You must provide any additional information within 30 days from the date of this letter.
I had already submitted additional information, then they changed the the status of additional information to N/A, and now they said that they are not satisfied with the submitted document.
What to do?
