Here is the letter text:
This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.
Having reviewed your application, I have concerns that you may 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 124(b) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the spouse or common-law partner in Canada class if they have temporary resident status in Canada.
On February 18, 2005, the Minister of Immigration Refugees and Citizenship Canada announced a new public policy for spouses and common-law partners, which was published in Operational Bulletin 018 on September 26, 2005 and Operational Manual IP8. Under this policy, foreign nationals, regardless of immigration status, may be assessed under the regulations of the Spouse or Common-law partner in Canada class, if they are the subject of a sponsorship application and are living in Canada with a spouse or common-law partner who is a Canadian citizen or a permanent resident of Canada.
In order to qualify under this public policy, foreign nationals must meet the eligibility requirements for this class and must also meet the admissibility requirements for the granting of permanent residence in Canada. Although the public policy exempts applicants from the requirement to have temporary resident status in Canada and the requirement not to be inadmissible for lack of status, “lack of status” refers to a very limited number of situations. “Lack of status” does not refer to any other inadmissibilities including:
failure to obtain permission to enter Canada after being deported;
persons who have entered Canada with a fraudulent or improperly obtained passport, travel
document or visa and who have used the document for misrepresentation under IRPA.
persons under removal orders or facing enforcement proceedings for reasons other than lack
of status reasons.
I am not satisfied that your “lack of status” qualifies under Public Policy and are therefore not a member of the spouse or common-law partner in Canada class. As you were issued a deportation order due to misrepresentation following the vacation of your refugee claim, you are under a removal order for reason other than lack of status. As such, I am not satisfied that you qualify under Public Policy and are therefore not a member of the spouse or common-law partner in Canada class.
Accordingly, you may not meet the requirements of the Act and Regulations.
Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.
The onus is on you to satisfy me that you meet the requirements of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents
which you consider might respond to this concern within thirty (30) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your
application.
