Should I leave my current Job in order to satisfy CIC for wife sponsership

[Abu Zuhair]

I sent the CIC a signed letter of my resignation stating that I will resign from my job once my wife visa is ready in order to move to Canada. Despite that they sent me the below message today.

The thing is I cannot resign officially from my job right now because I do not have guarantee that they will accept my wife sponsorship application besides if I leave my job right now it might take them long time until they take a final decision on my wife sponsorship application. Resigning right now means that I will lose income and this is unrealistic in order to satisfy CIC.

I already send them strong evidence that i will be moving to Canada like renting a house and many job offers..etc

Please advice me what the options I have right now.It seems dealing with CIC is very complicated and hard.

Kindly note that the documents submitted regarding your sponsor’s resignation from his current employer in not satisfactory.

The following document is still required:

(X) An official resignation letter signed and approved from your sponsor’s employer.

You are requested to submit the above documents by email to our office within (Fifteen) 15 days of the date of this email.

Subsection 16(1) of the Immigration and Refugee Protection Act, 2001 states that all questions pertaining to an immigration application must be answered truthfully and must provide relevant evidence and documents that the examining officer reasonably requires.

Failure to provide the requested documentation within 15 days will result in your application being assessed on the basis of the documentation presently on file. Please be advised that, as the documentation requested in this email is relevant to the final assessment of your file, failure to provide it will likely result in the refusal of your application.

Regards,

 

[zardoz]

I sent the CIC a signed letter of my resignation stating that I will resign from my job once my wife visa is ready in order to move to Canada. Despite that they sent me the below message today.

The thing is I cannot resign officially from my job right now because I do not have guarantee that they will accept my wife sponsorship application besides if I leave my job right now it might take them long time until they take a final decision on my wife sponsorship application. Resigning right now means that I will lose income and this is unrealistic in order to satisfy CIC.

I already send them strong evidence that i will be moving to Canada like renting a house and many job offers..etc

Please advice me what the options I have right now.It seems dealing with CIC is very complicated and hard.

Kindly note that the documents submitted regarding your sponsor’s resignation from his current employer in not satisfactory.

The following document is still required:

(X) An official resignation letter signed and approved from your sponsor’s employer.

You are requested to submit the above documents by email to our office within (Fifteen) 15 days of the date of this email.

Subsection 16(1) of the Immigration and Refugee Protection Act, 2001 states that all questions pertaining to an immigration application must be answered truthfully and must provide relevant evidence and documents that the examining officer reasonably requires.

Failure to provide the requested documentation within 15 days will result in your application being assessed on the basis of the documentation presently on file. Please be advised that, as the documentation requested in this email is relevant to the final assessment of your file, failure to provide it will likely result in the refusal of your application.

Regards,

I don't see that you have much choice. Some Middle Eastern visa offices are being really draconian with regards to the acceptable proof of living in Canada once PR is granted. I personally believe that this is unreasonable.

Choices.
1) accept the requirement and comply.
2) reject the request on the grounds of being unreasonable and then file an appeal when they refuse the application.

I am unable to find any requirement, so far, that states how soon after PR is granted that the sponsor must reside in Canada. We, for example, waited for 10 months before we were ready.

Just to clarify, IRPR states only the following in R 130(2) http://laws.justice.gc.ca/eng/acts/i-2.5/page-4.html#docCont

(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.

See http://www.canlii.org/en/ca/irb/doc/2016/2016canlii70656/2016canlii70656.html?searchUrlHash=AAAAAQALSVJQUiAxMzAoMikAAAAAAQ&resultIndex=13 as an example of a successful appeal.

And another. http://www.canlii.org/en/ca/irb/doc/2015/2015canlii91173/2015canlii91173.html?searchUrlHash=AAAAAQALSVJQUiAxMzAoMikAAAAAAQ&resultIndex=11

 

[kasskiss125]

I think, you should negotiate with your employer. May be they can approve your resignation letter and still let you work until your application is approved.

 

[Abu Zuhair]

Thanks for your reply....

I am thinking to reject and appeal their decision if they refuse the application...but how long do you think the appeal process takes...

 

[zardoz]

Thanks for your reply....

I am thinking to reject and appeal their decision if they refuse the application...but how long do you think the appeal process takes...

I can't answer that question but I would say that if you decide to go down this road, make absolutely sure that the evidence of returning to Canada strongly supports the "balance of probabilities" test by a "reasonable person".

You could always supply more evidence and add a note that you believe that you have satisfied the requirements. I might be tempted to also state that a refusal will be appealed. HOWEVER, I am not making any recommendations here, merely personal observations on what I might do under similar circumstances.