Skilled Worker- Spousal Sponsorship Refused

[zultv123]

My sister got approved for her application for a PR visa as a federal
skilled worker she was issued a PR visa in Jan 2007. In
March 2007, before she traveled to Canada, she got married.

At the port of entry she did not declare that she had been married. She was also uninformed
about the requirements that she must let the officer know of a change in her marital status.

She applied to sponsor her husband but the application was refused.

She had applied before the new regulation was to come into force that the Permanent
resident must have lived in canada for 5 years before they can apply for the Family Class applications?

She has just received the appeal documents dated April 5th giving her
30 days to appeal negative decision from the visa office.

What are her chances in respect of the appeal and do you have any suggestions to
her?
What do you think is the visa officer's decisions wrong in fact
or wrong in law; or mix of facts and the law.

Could she successfully argue a humanitarian and compassionate considerations
(H&C) in her appeal?

I thought before going to my lawyer i can get some ideas as the lawyers fees are very high.

I Thank You All in advance for your suggestions.,..really need help....

 

[canadianwoman]

At the port of entry she did not declare that she had been married. She was also uninformed
about the requirements that she must let the officer know of a change in her marital status.

She may not have known, but they do ask if you are married or single, so she should not have said she was single.

She applied to sponsor her husband but the application was refused.

After she got married she had to tell the visa office she got married. They would have revoked her visa and added her husband to her application. Most likely they both would then have gotten a visa.

She had applied before the new regulation was to come into force that the Permanent
resident must have lived in canada for 5 years before they can apply for the Family Class applications?

This is not relevant to her situation. The new regulations mean that someone who gets a PR as a sponsored spouse or partner cannot then sponsor a new spouse or partner for five years. People who get a PR as a skilled worker or in other classes can sponsor right away.

She has just received the appeal documents dated April 5th giving her
30 days to appeal negative decision from the visa office.

What are her chances in respect of the appeal and do you have any suggestions to
her?

Her chances are very low. When someone with a PR lands in Canada, they are required to have declared the truth about their marital status. She didn't. The law is that her husband is therefore not a member of the family class and cannot be sponsored by her.

What do you think is the visa officer's decisions wrong in fact
or wrong in law; or mix of facts and the law.

Unfortunately, the visa officer's decision is not wrong. She was supposed to tell the visa office she got married before she landed; at the very least, she should have admitted she was married to the immigration official when she landed.

Could she successfully argue a humanitarian and compassionate considerations
(H&C) in her appeal?

Unlikely. For a successful H&C appeal, she first has to prove that her husband is in the family class. Because she didn't declare him before she landed, he isn't in the family class. As well, H&C considerations usually involve the best interests of a child. Do they have children?

She needs an experienced immigration lawyer. IMO, it still won't work. Her husband should investigate how he can come to Canada under another immigration stream - federal skilled worker, investor, provincial nominee, whatever.

 

[zultv123]

No she does not have children.

Thank You so much for all your input.

 

[Leon]

The visa officer made the right decision according to the law. She did not disclose that she was married upon landing. Immigration considers this to be misrepresentation. They could even revoke her own PR because of this. She can count herself lucky if they don't. However, she will never be able to sponsor her husband. She should try to make some connections that can gain him a job offer so he can immigrate by other means, for example through PNP. Unfortunately with a PR spouse, it will be much harder for him to get a work permit or other temporary permit but it is also possible to get direct immigration through PNP, at least in some provinces.

As far as I know, there is no requirement that you must live in Canada for 5 years in order to sponsor a spouse. You may be referring to new rules stating that if you yourself are sponsored as a spouse and end up getting divorced from the spouse that sponsored you, you can not sponsor a new spouse until 5 years after you gained your PR. For your sister who applied herself, this would not apply.

For anybody who is in the process of getting a PR visa at the same time they are thinking about marriage, there are only 2 ways to do this. 1. Either you get the PR visa, then land as a PR, then go back and get married, then sponsor your spouse or 2. you get married before you get the PR visa, advise the visa office immediately and add your spouse to your application so you can both get visas at the same time and both land.

If is not an option for you to get your visa, then get married and then land like your sister did. Changes in your family composition render the visa invalid. Landing on a visa you got as a single person after you have gotten married is considered misrepresentiaton and will cause you to never be able to sponsor that person in the future as well as it can cause loss of your own PR. This also applies if you have gained your visa before a child was born to you and your spouse and you land after the child was born without adding it to the application.

 

[POLICAP]

She may not have known, but they do ask if you are married or single, so she should not have said she was single.After she got married she had to tell the visa office she got married. They would have revoked her visa and added her husband to her application. Most likely they both would then have gotten a visa.This is not relevant to her situation. The new regulations mean that someone who gets a PR as a sponsored spouse or partner cannot then sponsor a new spouse or partner for five years. People who get a PR as a skilled worker or in other classes can sponsor right away.Her chances are very low. When someone with a PR lands in Canada, they are required to have declared the truth about their marital status. She didn't. The law is that her husband is therefore not a member of the family class and cannot be sponsored by her.Unfortunately, the visa officer's decision is not wrong. She was supposed to tell the visa office she got married before she landed; at the very least, she should have admitted she was married to the immigration official when she landed.Unlikely. For a successful H&C appeal, she first has to prove that her husband is in the family class. Because she didn't declare him before she landed, he isn't in the family class. As well, H&C considerations usually involve the best interests of a child. Do they have children?

She needs an experienced immigration lawyer. IMO, it still won't work. Her husband should investigate how he can come to Canada under another immigration stream - federal skilled worker, investor, provincial nominee, whatever.

She said she has no children, Is this going to help her case or not?

 

[scylla]

She said she has no children, Is this going to help her case or not?

No - children will not help her case. Her husband can still never be sponsored.

If he wants to move to Canada he will have to qualify independently as a skilled worker.

The visa officer made the right decision in refusing her husband. It was her obligation to declare any changes to her status before landing (this was in the landing letter she received).

 

[POLICAP]

As well, H&C considerations usually involve the best interests of a child. Do they have children?

With the Leo's comment on this: Assumming she has children, will this help her case?. I just want some ellaborations on this comment.

Thanks....

 

[Leon]

With the Leo's comment on this: Assumming she has children, will this help her case?. I just want some ellaborations on this comment.

Thanks....

The rules are very clear. "Forgetting" to add a family member means you can never sponsor them. No exceptions. So if she had kids, I am not even sure it would help her case. Don't forget that in the eyes of immigration, she committed misrepresentation and that can cost her her own PR.

 

[POLICAP]

The rules are very clear. "Forgetting" to add a family member means you can never sponsor them. No exceptions. So if she had kids, I am not even sure it would help her case. Don't forget that in the eyes of immigration, she committed misrepresentation and that can cost her her own PR.

Thanks for your clarification. I have seen a similar case like this that involved kids. At the begining,the applicant already declared them in her application to sponsor them for PR. Moreover, she went to her MP and the MP is also a member of the CIC immigration committee said “as long as she mentioned/stated this on her application that shouldn't be a problem”. They applied Inland and she made it through. Though, the sponsor, the spouse and the kids are in Canada right now.

 

[PMM]

Hi

Thanks for your clarification. I have seen a similar case like this that involved kids. At the begining,the applicant already declared them in her application to sponsor them for PR. Moreover, she went to her MP and the MP is also a member of the CIC immigration committee said “as long as she mentioned/stated this on her application that shouldn't be a problem”. They applied Inland and she made it through. Though, the sponsor, the spouse and the kids are in Canada right now.

The kids were mentioned on the PR application and then were examined. The husband was NOT declared nor examined. He is not a member of the family class and can't be sponsored. Other than skilled worker, he can only apply under section 25(1) Humanitarian & Compassionate grounds overseas. I wouldn't hold out much hope for an H.& C application.

 

[gagan88]

my visa fo canada got refused only because y sponsor did not stay in canada after the approval........visa offic say that he should stay until the decision is made.
please help what to do????????????
they will send letter of appeal in canada.

 

[canadianwoman]

If the sponsor is a PR and not a Canadian citizen, then he/she has to stay in Canada during processing of the application. So to win the appeal, the sponsor should go back to Canada and establish himself there - get a job, a mortgage or lease, anything to show he plans to stay for the long-term, not just long enough to get your PR visa.

 

[gagan88]

Thanks alot for ypur reply.

and do u know were to appeal in cpc or in court and how long can it take for the visa to be granted.

 

[wolverinecyclops]

hi to all

just wanna ask what are my chances to sponsor my wife and our child or what would be my status about my case.. I arrived here in canada May 2011 and I was 100% single and declared as single and with having a girlfriend left in my home country ( we're not in common law relationship), when I already in Canada my gf told me that she was pregnant. I accepted the child and she gave birth August 2011, I told her to send the birth certificate and I signed it to prove that the child is mine and his surname will be followed under my surname too.. I went back to my home country just this year to marry the mother of my child who was also my gf before I went here..I want to sponsor them but there are some rumors or speculations came from my neighbors and friends that I may not be able to sponsor my child because I didnt inform the Immigration about the child or may be it willl be also ground for refusal of their application or be ground to deport me in my home country? Give me some advices or thoughts about my situation..thank you very much

 

[Leon]

I want to sponsor them but there are some rumors or speculations came from my neighbors and friends that I may not be able to sponsor my child because I didnt inform the Immigration about the child or may be it willl be also ground for refusal of their application or be ground to deport me in my home country? Give me some advices or thoughts about my situation..thank you very much

If you landed as a PR before the child was born, you have no problem at all.