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Fatima355

Member
Mar 20, 2014
11
0
Help me people; we knew that we made a mistake by marring each other before my wife’s divorce was finalized. However, I have few questions for you to help me. My wife is my sponsor and we married in our country before she depart for Canada and she told me that she already divorced her former husband, yet she never shown me that divorce certificate now here is what I discovered from the immigration letter. Maybe she thought I would not know. We are both crying now and she is blaming herself and she thought it was not a big problem after I passed Criminality, Security and Medical.
What does this officer want in his letter?
What representation means according to him?
Could you explain what subscription 11(1) want to say in this email?
What can we do in these 60 days before he or she reject our file?


Dear Maguida Fatima:

I have now completed the assessment of your application for a permanent resident Visa 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 state 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 117(9) of the regulation states that no foreign national may be considered a member of the family class by virtue of their relationship to a sponsor if (c) the foreign national is the sponsor's spouse and (I) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or Your sponsor was married to xxxx xxxxx and a divorce certificate was provided indicating that the divorce was pronounced on 28 January 2010. However, you were married 12 May 2009. Your sponsor was legally married to another person at the time of your marriage. As a result, I have determined that you are not a member of the family class. Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The Visa or document shall 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. I would like to give you an opportunity to respond to this information. I will afford you 60 days from this receipt of this letter to make any representations in this regard. Please use the address noted at the top of the letter for all correspondence and clearly indicates your file number. If you do to not respond to this request within the time outlined above, your application will be refused.
 

Canadian_belle1

Hero Member
Nov 30, 2013
219
0
124
North Bay, Ontario
Category........
Visa Office......
Rome
Job Offer........
Pre-Assessed..
App. Filed.......
Feb 4, 2014
Doc's Request.
March 4, 2014 - Rescinded on March 7, 2014
AOR Received.
March 10, 2014
File Transfer...
March 10, 2014
Med's Done....
Nov 27, 2013
Interview........
Aug 11, 2014
Passport Req..
Aug 11, 2014
VISA ISSUED...
Aug 11, 2014
LANDED..........
Aug 18, 2014
I would speak to a lawyer as to what can be done.

Good luck.
 

bartjones

Champion Member
Jan 5, 2013
1,071
62
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
03/08/2013
Doc's Request.
08/27/2013 and 12/20/13 and 07/24/14
AOR Received.
16/03/2013
File Transfer...
04/04/13
Med's Done....
29/01/2013 redone 13/02/14 and 25/03/14
Interview........
none
Passport Req..
N/A
VISA ISSUED...
2014/08/27
LANDED..........
09/09/2014
Canadian_belle1 said:
I would speak to a lawyer as to what can be done.

Good luck.
Agreed. You have a serious problem. The visa office has invited you to address it in the next 60 days. See a lawyer. They might be able to find a solution.
 
M

mikeymyke

Guest
I think you don't really have a choice but to cancel the application, get a divorce certificate, and reapply. I don't know how a lawyer could help you at this point because there's no ifs and buts about marrying while still not divorced, unless your spouse's home country government made an error.
 

Fatima355

Member
Mar 20, 2014
11
0
mikeymyke said:
I think you don't really have a choice but to cancel the application, get a divorce certificate, and reapply. I don't know how a lawyer could help you at this point because there's no ifs and buts about marrying while still not divorced, unless your spouse's home country government made an error.
It seems like the visa officer was saying that I may apply for Temporary Residence Visa when he or she mentioned subscription 11(1) ?

Yes guys we are thinking to remarry and redo the application. We also do not what to do at this stage.
 

scylla

VIP Member
Jun 8, 2010
97,281
23,110
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Fatima355 said:
It seems like the visa officer was saying that I may apply for Temporary Residence Visa when he or she mentioned subscription 11(1) ?
No - that's not what he/she is saying. He/she is saying your wife can't sponsor you because she was married to someone else when the two of you married which makes your marriage invalid and does not make you admissible to Canada as her spouse.

Withdraw your current application, get married and then submit a brand new application.
 

Fatima355

Member
Mar 20, 2014
11
0
scylla said:
No - that's not what he/she is saying. He/she is saying your wife can't sponsor you because she was married to someone else when the two of you married which makes your marriage invalid and does not make you admissible to Canada as her spouse.

Withdraw your current application, get married and then submit a brand new application.
Thanks can we just tell him today tomorrow in an email that we would like to withdraw our sponsorship and reapply after we get married?
 

wowsers

Hero Member
Feb 6, 2013
407
24
Job Offer........
Pre-Assessed..
Withdraw your application, and, provided the divorce is now valid, marry your 'spouse' once again and then re-apply as a properly qualified member of the family class.. The analysis of the VO was clearly correct and your application was (and is) bound to fail. There is no need to waste money on consulting a lawyer.
 

Fatima355

Member
Mar 20, 2014
11
0
wowsers said:
Withdraw your application, and, provided the divorce is now valid, marry your 'spouse' once again and then re-apply as a properly qualified member of the family class.. The analysis of the VO was clearly correct and your application was (and is) bound to fail. There is no need to waste money on consulting a lawyer.
Thanks Wowsers,

I sent to them an email today stating that I am withdrawing my application and I am waiting to hear from them. Then I will reapply when they will reject this application.
 

Fatima355

Member
Mar 20, 2014
11
0
Hi People my wife successfully withdrew my application from CIC and we also canceled our civil marriage. Now she is coming down to remarry me in May then we will send a brand new application 2 days after. However we have a question: When we checked our GCMS Notes it was mentioned that CRIMINALITY: Passed, SECURITY: Passed, MEDICAL: Passed. Now Questions:

1. Will they do security check again after I sent this new application since my SEC/CRIM have an expiry dates of 2015 November?

please if you know something or have a link of similar situation notify me and I will be so grateful for that.

Sincerely

M. Fatima
 

wowsers

Hero Member
Feb 6, 2013
407
24
Job Offer........
Pre-Assessed..
Just a word of caution. The problem with your application was that your marriage (ie your wife's second marriage) preceded the divorce dissolving your wife's first marriage. So your marriage was void and there was nothing to cancel. The cancellation of a civil marriage is not a concept I have come across before but in any case I do not understand why a void marriage should need cancellation. The important issue at present is not the second marriage but whether the divorce on 28 January 2010 was a valid divorce dissolving the first marriage. It is the validity of that divorce which will enable you to remarry your wife. Are you satisfied that that was a valid divorce? If not fully satisfied, I suggest you get some advice about it from a lawyer practising in your wife's country.
 

rifat

Hero Member
Oct 26, 2013
234
2
Job Offer........
Pre-Assessed..
App. Filed.......
03-01-2012
AOR Received.
06-18-2012
File Transfer...
10-09-2012
Interview........
10-21-2013
LANDED..........
July 23rd 2014 :)
Fatima355 said:
Hi People my wife successfully withdrew my application from CIC and we also canceled our civil marriage. Now she is coming down to remarry me in May then we will send a brand new application 2 days after. However we have a question: When we checked our GCMS Notes it was mentioned that CRIMINALITY: Passed, SECURITY: Passed, MEDICAL: Passed. Now Questions:

1. Will they do security check again after I sent this new application since my SEC/CRIM have an expiry dates of 2015 November?

please if you know something or have a link of similar situation notify me and I will be so grateful for that.

Sincerely

M. Fatima
Hi M. Fatima

I hope things work out for you 2 now since you have started your app again.

I just had 1 question was your application at stage 1 or was it at stage 2 when you were questioned/denied? I assume it was Out Land Canada sponsorship too right?
 

Fatima355

Member
Mar 20, 2014
11
0
Rifat the application was in the 2nd stage. It seemed like the office noticed it in the last hour.

@ Wowser, I was thinking like you that I did not need to cancel my marriage since her divorce was enough to cancel my wife's marriage and subsequently mine with her is automatic voided, However when I went to book for a new appointment at the Registry I was told that, I need to submit few documents to the registry so that they can void our marriage then book for a new one in May. I was asked to submit the following:

1. Her first marriage certificate
2. Her divorce certificate
3. An affidavit from stating the reasons she is cancelling our marriage
4. The letter which the Canadian Immigration sent to us about rejecting our application
5. Her passport copy

Then they will void our marriage and set up a new appointment to remarry.
 

wowsers

Hero Member
Feb 6, 2013
407
24
Job Offer........
Pre-Assessed..
Sounds as if you have sorted it out very satisfactorily. Hope it all goes well for you both.