Refused Sponsorship Application

[InPain]

Hello,

I just received a refusal letter from CIC stating that I'm not an elligible sponsor, since my spouse is not residing with me together with another sub-section saying that our relationship is not genuine it's for immigration purposes. However it says at the bottom of the letter that the undertaking and permanent residence application have been retained for consideration. First of all we have lived together in a loving relationship for almost 3 years, and have always planned a family, until it came to a point that we got married. In the span of those years my spouse had an abandoned refugee claim, didn't have a legal status, cannot co-sign or join-account with me, until in the middle of our 3rd year my spouse was put under pre-removal assesment, then 2 months after we finally got married. According to the sponsorship guide that legal status is or may not be necessary, in order to sponsor a spouse inside canada. So a month after our marriage, I sent the application for sponsorship at the same time change of status application. Later in that same month my spouse received a letter of removal and so left while the sponsorship and the change of status were being processed. A letter came for the change of status as denied, then 5 months after my sponsorship is refused.

I know my spouse has a messy background, but that doesn't mean that we can't be together as a family.

Please help me what to do...............

 

[uncychopper]

wow ... that really sucks. Did you put in the full application ? medicals, police checks , affadavit's ... etc ? hard news.

 

[RobsLuv]

Hello,

I just received a refusal letter from CIC stating that I'm not an elligible sponsor, since my spouse is not residing with me together with another sub-section saying that our relationship is not genuine it's for immigration purposes. However it says at the bottom of the letter that the undertaking and permanent residence application have been retained for consideration. First of all we have lived together in a loving relationship for almost 3 years, and have always planned a family, until it came to a point that we got married. In the span of those years my spouse had an abandoned refugee claim, didn't have a legal status, cannot co-sign or join-account with me, until in the middle of our 3rd year my spouse was put under pre-removal assesment, then 2 months after we finally got married. According to the sponsorship guide that legal status is or may not be necessary, in order to sponsor a spouse inside canada. So a month after our marriage, I sent the application for sponsorship at the same time change of status application. Later in that same month my spouse received a letter of removal and so left while the sponsorship and the change of status were being processed. A letter came for the change of status as denied, then 5 months after my sponsorship is refused.

I know my spouse has a messy background, but that doesn't mean that we can't be together as a family.

Please help me what to do...............

OK, hold on a second - your thread is a little bit confusing, but I think I've got it figured out.

It sounds like you sponsored your spouse under an inland PR application - which means that as soon as he left Canada, the application was forfeited because he is required to be present with you, in Canada, in order to be approved. ". . . I'm not an eligible sponsor, since my spouse is not residing with me . . . " So the "refusal" was, basically, a done deal as soon as he left. This is the risk you take when filing an inland sponsorship when someone is under pre-removal assessment - there may not be time to stop the removal because it takes CPC-Vegreville 6-7 months just to get to the application you submitted. Chances are nobody at CIC even saw your application before he was ordered to go. So he wasn't protected, even though the information you read in the sponsor's guide seemed to indicate he would be. You could have (and probably should have) filed an outland PR application (allowed even while he was still in Canada) and then his leaving Canada would not have affected the processing. Also, I don't understand why (if you were in your third year together before he was put under pre-removal assessment) you didn't apply to sponsor him a long time ago as your common-law partner. You could have/should have done that after the first year of co-habitation and you could have avoided all of this.

So, if you filed inland, it's gone - you have no option to appeal the refusal. But now that he's in his home country again, you can start over by filing a new outland PR application that will be processed through his overseas embassy. Because they didn't believe your relationship to be genuine during the first application (not unusual when someone marries while under a removal order) be sure you include LOTS of proof of your genuine relationship (meaning he did not just marry you so tha the could stay in Canada, or get status to come back to Canada now). Send proof of the development of your relationship, the years of your cohabitation, your life together (pictures especially, and letters from people who can vouch for your relationship), AND proof of your contact since he's been gone from Canada (emails, letters, phone calls, visits, etc.).

One other important note: if he was removed from Canada, he may need an ARC (Authorization to Return to Canada) before he'd be allowed to land, even if PR was approved. So you'll need to find out about that first and get that process sorted out before you file a new PR application. Simply getting PR will not get him back into Canada if he was forcibly removed. If he left voluntarily - which it sounds like maybe he did - he may not need an ARC . . . but you'll need to look into all of that before you file the outland PR ap because it takes time to get an ARC if he needs one.

 

[uncychopper]

wow robsluv where were you a year ago when I needed your immigration knowledge ? my partner and I would have been saved a lot of stress and heartache . Anyway maybe in the spousal sponsorship you need to be residing together but through common law is it not true that you must have lived together for 1 continuous year and must not have been living apart for more than 1 year ? so she would technically still be eligible for sponsoring her husband?

 

[ariell]

No, she is not still eligible to sponsor her husband with her current application. She needs to now file an OUTLAND application. She filed an IN-CANADA application. One of the requirements is that both partners have to be living in Canada for the duration of the application. If you leave Canada, as her husband was forced to, then the application is forfeited and there is no right of appeal. This is the same whether filing an INLAND application as common-law or spousal.

 

[InPain]

RobsLuv you are awesome.......it's the exact thing that I'm suppose to do according to my consultant whom I met just 5 hours ago I received your advise.....you too Ariell....

Thank you so much guys.......keep up the good work......

 

[smart_saqib143]

i wonder if she has a baby that is the best way to show the marriage is genuine.

i agree with rubluv he has great experience.

 

[Boncuk]

Having a baby alone doesnt prove your marriage is genuine..

 

[ariell]

I think the issue with the genuineness of the relationship has to do with his status as a failed refugee claimant and the fact that they got married when he was put under a pre-removal assessment. Having a baby together will do nothing to change that and in any case, having a child together in no way proves the genuineness of a relationship.

 

[PMM]

Hi

I think the issue with the genuineness of the relationship has to do with his status as a failed refugee claimant and the fact that they got married when he was put under a pre-removal assessment. Having a baby together will do nothing to change that and in any case, having a child together in no way proves the genuineness of a relationship.

All it proves is the couple is fertile. Anyone who is a refugee claimant and immediately marries after the refusal should expect that they are in for a rough ride during the sponsorship process. CIC usually looks at this as a last chance to remain in Canada, so they probe the relationship pretty thoroughly.

PMM

 

[Halifax-Maple]

Hi
All it proves is the couple is fertile. Anyone who is a refugee claimant and immediately marries after the refusal should expect that they are in for a rough ride during the sponsorship process. CIC usually looks at this as a last chance to remain in Canada, so they probe the relationship pretty thoroughly.

PMM

I understand your point which is very true. But some refugee claimants are smarter. They plan their refugee claims in advance. They fall in love with Canadians (ehhhh..), they get married and have babies long time before they reach the point of removal orders. The system is full of loopholes ...the system is actually inviting intruders to abuse it. I have been seeing and watching horrible stories around. Example: someone who was illegal in USA..how could he end up in Canada? ok ok, he claimed refugee at the border. How on earth could he fall in love in only days or a month, get married and make the woman pregnant? how could he be allowed to get marrried and register his marriage? what if he came in with bogus ID? ..this is a real story

 

[Suin]

I think the issue with the genuineness of the relationship has to do with his status as a failed refugee claimant and the fact that they got married when he was put under a pre-removal assessment. Having a baby together will do nothing to change that and in any case, having a child together in no way proves the genuineness of a relationship.

you mean that child is nothing? and he can happen by mistake? in my country kids are not born out of air - it is very insulting for woman to hear such statements

 

[ariell]

I think the issue with the genuineness of the relationship has to do with his status as a failed refugee claimant and the fact that they got married when he was put under a pre-removal assessment. Having a baby together will do nothing to change that and in any case, having a child together in no way proves the genuineness of a relationship.

you mean that child is nothing? and he can happen by mistake? in my country kids are not born out of air - it is very insulting for woman to hear such statements

Of course kids are not born out of air and I certainly didn't mean to insult anyone. But having a child together does not mean that a couple loves each other and is committed to each other. That's what an immigration officer will be looking at -- is this a true genuine relationship or is this a relationship entered into to help someone avoid getting deported? Sorry but that's how they will look at it. And having a child together will not simply 'erase' the past and make everything better.

 

[Suin]

child is not a domestic animal, even animals need care and attention.
kids are brought into this world to be loved, supported and cared after by their parents.
how cruel parents should be just to make a child as a purpose of entering Canada. for a man it is a simple thing, but for woman who must live with that for long 9 months & suffer it all for the one who she doesn't love and never treasure, it sound strange and abnormal to me - that is what I cannot understand.
as for the past - to err is human - and some people make mistakes, I don't think that they should suffer all their life just because of the past mistakes. everyone should be given a chance for expiation.

 

[genio]

Suin, the sad fact is there are actually cases of women who have been paid to carry a man's baby. To get into Canada is a total dream for a lot of people, and as much as all of us dislike waiting so long, I admit it must be tough trying to decide who to let in. I know a young lady personally, who told me she she did not care if she lives in Canada. She only came here because her parents and her boy friend did not share the same religion. She came on a work visa, and wants to stay , only so she can sponsor her future husband and be away from family problems. Not the ideal reason for coming to Canada.