Refusal letter not mentioned 5 years ban.

[nass]

After fixing the errors I received refusal letter which says this


I have now completed the assessment of your permanent residence application as a member of the


family class, the class in which you applied. I have determined that you do not meet the requirements for


immigration to Canada.


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.


Subsection 16(1) of the Immigration and Refugee Protection Act states that a person who makes an


application must answer truthfully all questions put to them for the purpose of the examination and must


produce a visa and all relevant evidence and documents that the officer reasonably requires.


Paragraph 117(1)(f) of the Immigration and Refugee Protection Regulations states that a foreign national


is a member of the family class if, with respect to a sponsor, the foreign national is a person whose


parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner and


who is:


(i) (ii) (iii) a child of the sponsor’s mother or father,


a child of a child of the sponsor’s mother or father, or


a child of the sponsor’s child;


Based on the assessment of your application and the supporting documentation submitted, I am not


satisfied you have been truthful in your submissions. Specifically, I am not satisfied that you have


submitted a genuine and accurate death certificate for you mother in order to support the claim that you


are an orphan. My concerns were put forth to you in a procedural fairness letter; however, your response


did not fully address my concerns.


As a result, for the purpose of the Regulations, you are not considered a member of the family class.


Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must,


before entering Canada, apply to an officer for a visa or for any other document required by the


regulations. The visa or document may be issued if, following an examination, the officer is satisfied that


the foreign national is not inadmissible and meets the requirements of this Act.


For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the


requirements of the Act. As such, I am refusing your application.


I am sending a letter to your sponsor by email notifying of the appeal provisions of the Immigration and


Refugee Protection Act.


Thank you for the interest you have shown in immigrating to Canada.

First question appealing is expensive with lawyer I don’t know if will make difference. But if I don’t appeal here is my second question
is it doesn’t mention 5 years ban visa? Is that mean i can reapply explain the reason?
My representative suggested that it does not mention on the letter 5 years ban therefore we can reapply right away.. any suggestions much appreciated thanks

 

[unforgettableseries]

Okay but what’s your question

 

[Naturgrl]

After fixing the errors I received refusal letter which says this


I have now completed the assessment of your permanent residence application as a member of the


family class, the class in which you applied. I have determined that you do not meet the requirements for


immigration to Canada.


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.


Subsection 16(1) of the Immigration and Refugee Protection Act states that a person who makes an


application must answer truthfully all questions put to them for the purpose of the examination and must


produce a visa and all relevant evidence and documents that the officer reasonably requires.


Paragraph 117(1)(f) of the Immigration and Refugee Protection Regulations states that a foreign national


is a member of the family class if, with respect to a sponsor, the foreign national is a person whose


parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner and


who is:


(i) (ii) (iii) a child of the sponsor’s mother or father,


a child of a child of the sponsor’s mother or father, or


a child of the sponsor’s child;


Based on the assessment of your application and the supporting documentation submitted, I am not


satisfied you have been truthful in your submissions. Specifically, I am not satisfied that you have


submitted a genuine and accurate death certificate for you mother in order to support the claim that you


are an orphan. My concerns were put forth to you in a procedural fairness letter; however, your response


did not fully address my concerns.


As a result, for the purpose of the Regulations, you are not considered a member of the family class.


Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must,


before entering Canada, apply to an officer for a visa or for any other document required by the


regulations. The visa or document may be issued if, following an examination, the officer is satisfied that


the foreign national is not inadmissible and meets the requirements of this Act.


For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the


requirements of the Act. As such, I am refusing your application.


I am sending a letter to your sponsor by email notifying of the appeal provisions of the Immigration and


Refugee Protection Act.


Thank you for the interest you have shown in immigrating to Canada.

First question appealing is expensive with lawyer I don’t know if will make difference. But if I don’t appeal here is my second question
is it doesn’t mention 5 years ban visa? Is that mean i can reapply explain the reason?
My representative suggested that it does not mention on the letter 5 years ban therefore we can reapply right away.. any suggestions much appreciated thanks

You can reapply if you meet requirements.

 

[Buletruck]

After fixing the errors I received refusal letter which says this


I have now completed the assessment of your permanent residence application as a member of the


family class, the class in which you applied. I have determined that you do not meet the requirements for


immigration to Canada.


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.


Subsection 16(1) of the Immigration and Refugee Protection Act states that a person who makes an


application must answer truthfully all questions put to them for the purpose of the examination and must


produce a visa and all relevant evidence and documents that the officer reasonably requires.


Paragraph 117(1)(f) of the Immigration and Refugee Protection Regulations states that a foreign national


is a member of the family class if, with respect to a sponsor, the foreign national is a person whose


parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner and


who is:


(i) (ii) (iii) a child of the sponsor’s mother or father,


a child of a child of the sponsor’s mother or father, or


a child of the sponsor’s child;


Based on the assessment of your application and the supporting documentation submitted, I am not


satisfied you have been truthful in your submissions. Specifically, I am not satisfied that you have


submitted a genuine and accurate death certificate for you mother in order to support the claim that you


are an orphan. My concerns were put forth to you in a procedural fairness letter; however, your response


did not fully address my concerns.


As a result, for the purpose of the Regulations, you are not considered a member of the family class.


Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must,


before entering Canada, apply to an officer for a visa or for any other document required by the


regulations. The visa or document may be issued if, following an examination, the officer is satisfied that


the foreign national is not inadmissible and meets the requirements of this Act.


For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the


requirements of the Act. As such, I am refusing your application.


I am sending a letter to your sponsor by email notifying of the appeal provisions of the Immigration and


Refugee Protection Act.


Thank you for the interest you have shown in immigrating to Canada.

First question appealing is expensive with lawyer I don’t know if will make difference. But if I don’t appeal here is my second question
is it doesn’t mention 5 years ban visa? Is that mean i can reapply explain the reason?
My representative suggested that it does not mention on the letter 5 years ban therefore we can reapply right away.. any suggestions much appreciated thanks

Since they're determined you aren't a member of the family class, there's no need for the 5 year ban. You won't be able to sponser/ be sponsored as you are no longer considered family. That decision will apply going forward. No option to reapply as a family member now or in the future.

 

[nass]

Since they're determined you aren't a member of the family class, there's no need for the 5 year ban. You won't be able to sponser/ be sponsored as you are no longer considered family. That decision will apply going forward. No option to reapply as a family member now or in the future.

My country registry made mistakes than they fixed but visa immigration officer didn’t satisfied the response but honestly this person I’m sponsoring is the family member, it just we made a mistake that’s all

 

[Buletruck]

My country registry made mistakes than they fixed but visa immigration officer didn’t satisfied the response but honestly this person I’m sponsoring is the family member, it just we made a mistake that’s all

Then you need to appeal (and I'd strongly suggest with a highly experienced immigration lawyer). If you do nothing, the previous determination that they are not a member of the family class will stand on any future applications and they'll be refused. If you want to sponsor them, your going to have to have to appeal the decision.

 

[nass]

Then you need to appeal (and I'd strongly suggest with a highly experienced immigration lawyer). If you do nothing, the previous determination that they are not a member of the family class will stand on any future applications and they'll be refused. If you want to sponsor them, your going to have to have to appeal the decision.

You right, but where can I find immigration lawyer in Edmonton Alberta most of them they said never had like this case before, any suggestion on a lawyer

 

[Naturgrl]

You right, but where can I find immigration lawyer in Edmonton Alberta most of them they said never had like this case before, any suggestion on a lawyer

The moderators of this forum are one of the biggest immigration firms in Canada. Go to the top of this page and click Cohen Immigration Law.

 

[nass]

The moderators of this forum are one of the biggest immigration firms in Canada. Go to the top of this page and click Cohen Immigration Law.

Thank you

 

[armoured]

I for one do not understand on what basis you are family member, what kind of sponsorship, and what error related to this.

Perhaps you could explain.

 

[canuck78]

This appears to involve orphaned relatives. Where are these relatives currently located and what is their citizenship? There are many locations specified in your posts which leads me to think your family members may be citizens of another country. There would have already been extra scrutiny of cases from certain countries. Did you list your sibling in all previous applications. When was the death and if not recent was this listed? What about the father? Who are the children living with currently?

 

[nass]

I did sponsorship for orphans three siblings

This appears to involve orphaned relatives. Where are these relatives currently located and what is their citizenship? There are many locations specified in your posts which leads me to think your family members may be citizens of another country. There would have already been extra scrutiny of cases from certain countries. Did you list your sibling in all previous applications. When was the death and if not recent was this listed? What about the father? Who are the children living with currently?

I sponsored my niece and nephew’s three siblings are my family member and they are orphans. The mistake was there mother died certificate was mention she died before having them that was the biggest mistake we didn’t catch from registry after submitting the application the process was done and lastly the visa that the catch it. We explained the reason mistakes that happened now the refuse us but we can proved that she is the mother and died certificate after we corrected but the immigration office not convinced that the mistake happened

 

[nass]

This appears to involve orphaned relatives. Where are these relatives currently located and what is their citizenship? There are many locations specified in your posts which leads me to think your family members may be citizens of another country. There would have already been extra scrutiny of cases from certain countries. Did you list your sibling in all previous applications. When was the death and if not recent was this listed? What about the father? Who are the children living with currently?

I sponsored my niece and nephew’s three siblings are my family member and they are orphans. The mistake was there mother died certificate was mention she died before having them that was the biggest mistake we didn’t catch from registry after submitting the application the process was done and lastly the visa that the catch it. We explained the reason mistakes that happened now the refuse us but we can proved that she is the mother and died certificate after we corrected but the immigration office not convinced that the mistake happened

 

[canuck78]

I sponsored my niece and nephew’s three siblings are my family member and they are orphans. The mistake was there mother died certificate was mention she died before having them that was the biggest mistake we didn’t catch from registry after submitting the application the process was done and lastly the visa that the catch it. We explained the reason mistakes that happened now the refuse us but we can proved that she is the mother and died certificate after we corrected but the immigration office not convinced that the mistake happened

These were already considered distant relatives so there would have been extra scruitiny. What is their citizenship and who provided the incorrect death certificate? In some countries records are easily falsified and there are not good records so given the significant error there appears to be concern that records can’t be trusted. How significant was the error? What was the original date and amended date? This should have been done during the PFL but did you submit hospital records for example if they were available. For example proof someone was receiving longterm treatment for cancer and had been hospitalized right before death would add proof that there had been an error in the 1st death certificate. You really should have hired a lawyer after the PFL and need to consult one now.

 

[nass]

These were already considered distant relatives so there would have been extra scruitiny. What is their citizenship and who provided the incorrect death certificate? In some countries records are easily falsified and there are not good records so given the significant error there appears to be concern that records can’t be trusted. How significant was the error? What was the original date and amended date? This should have been done during the PFL but did you submit hospital records for example if they were available. For example proof someone was receiving longterm treatment for cancer and had been hospitalized right before death would add proof that there had been an error in the 1st death certificate. You really should have hired a lawyer after the PFL and need to consult one now.

I can proof all of that place of died from the hospital and the kids hospital clearance. So now I need to appeal it and show proof to my lawyer right