I recently received the procedural fairness letter from CIC officer. The CIC officer concerning our residency in Canada as sponsor for my parents.
In fact, in the questioned period, from nov 2017 to present, we never left Canada, except cross the border to the USA twice a month for gas, all trips are same day returns.
Me and my husband are both self employed.
Anyone has similar experience or any suggestions.
Since the letter didn’t indicate what documents to submit, anyone can give me idea what kind of documents are convincible .
Appreciation your reply.
“This refers to your application for permanent residence in Canada. I have now completed my assessment of your application and I have concerns that you do not meet the requirements for immigration to Canada as a member of the family class.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Section 120 of the regulations states that for the purposes of Part 5 of the regulations,
(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.
Subsection 133(1)(a) of the regulations states (in part) that 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 is a sponsor as described in section 130.
Subsection 130 of the regulations states that
(1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
Immigration, Refugees and Citizenship Canada | Immigration, Réfugiés et Citoyenneté Canada IRCC Hong Kong
www.canada.ca/immigration l HKONGIMMIGRATION@international.gc.ca
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or
the spouse or common-law partner in Canada class in accordance with section 10.
Furthermore, subsection 132(5) of the Regulations states, subject to paragraph 137(c), the sponsor’s undertaking may be co-signed by the spouse or common-law partner of the sponsor if the spouse or common-law partner meets the requirements set out in subsection 130(1), except paragraph 130(1)(c), and those set out in subsection 133(1), except paragraph 133(1)(a).
On the evidence submitted, I have concerns that your sponsor and co-sponsor did not reside in Canada 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. You did not submit any reliable evidence to prove that your sponsor and co-sponsor has been continuously residing in Canada on a permanent basis from 20 November 2017 to the present. I, therefore, have concerns that he/she does not meet the requirements of subsection 130(1)(b) of the Regulations. As a result, I have concerns that you do not meet the requirements of section 120 of the Regulations.”
In fact, in the questioned period, from nov 2017 to present, we never left Canada, except cross the border to the USA twice a month for gas, all trips are same day returns.
Me and my husband are both self employed.
Anyone has similar experience or any suggestions.
Since the letter didn’t indicate what documents to submit, anyone can give me idea what kind of documents are convincible .
Appreciation your reply.
“This refers to your application for permanent residence in Canada. I have now completed my assessment of your application and I have concerns that you do not meet the requirements for immigration to Canada as a member of the family class.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Section 120 of the regulations states that for the purposes of Part 5 of the regulations,
(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.
Subsection 133(1)(a) of the regulations states (in part) that 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 is a sponsor as described in section 130.
Subsection 130 of the regulations states that
(1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
Immigration, Refugees and Citizenship Canada | Immigration, Réfugiés et Citoyenneté Canada IRCC Hong Kong
www.canada.ca/immigration l HKONGIMMIGRATION@international.gc.ca
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or
the spouse or common-law partner in Canada class in accordance with section 10.
Furthermore, subsection 132(5) of the Regulations states, subject to paragraph 137(c), the sponsor’s undertaking may be co-signed by the spouse or common-law partner of the sponsor if the spouse or common-law partner meets the requirements set out in subsection 130(1), except paragraph 130(1)(c), and those set out in subsection 133(1), except paragraph 133(1)(a).
On the evidence submitted, I have concerns that your sponsor and co-sponsor did not reside in Canada 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. You did not submit any reliable evidence to prove that your sponsor and co-sponsor has been continuously residing in Canada on a permanent basis from 20 November 2017 to the present. I, therefore, have concerns that he/she does not meet the requirements of subsection 130(1)(b) of the Regulations. As a result, I have concerns that you do not meet the requirements of section 120 of the Regulations.”
