Sponsorship appeal

[rajesh_sharma]

The following is the brief summary of sponsorship case:

.Did not declare my marital status during my PR (Applied for PR 2004, got married oct 2006, Became PR Jan 2007--Misinterpreted a notice letter sent by buffalo office and thought could apply separately)
.Rejected for the first time (applied for sponsorship in March 2007) --normal sponsorship application
. Rejected for second time--H&C application (Reasons--Not sufficient Humanitarian grounds and said that the sponsor can go back to India)
. Between 2008 and 2010 I was in India with my family. Came back to Canada by End of 2010 and reapplied for Sponsorship on H&C grounds for
third time in 2012 and this time it was for my wife and my daughters (my two daughters were new addition to the file this time). There was
Verbal rejection during interview (Jan 2013 was the interview)--h&C application (Reasons--Not sufficient Humanitarian grounds and sponsor can go back to India. They did not
even consider my kids)
.They have said that I can appeal the decision.

My question is, can I win this appeal by any chance ? will they even consider my kids and there is no problem for me to provide relationship proof documents.

Thanks to everyone in advance...

 

[gsize]

The following is the brief summary of sponsorship case:

.Did not declare my marital status during my PR (Applied for PR 2004, got married oct 2006, Became PR Jan 2007--Misinterpreted a notice letter sent by buffalo office and thought could apply separately)
.Rejected for the first time (applied for sponsorship in March 2007) --normal sponsorship application
. Rejected for second time--H&C application (Reasons--Not sufficient Humanitarian grounds and said that the sponsor can go back to India)
. Between 2008 and 2010 I was in India with my family. Came back to Canada by End of 2010 and reapplied for Sponsorship on H&C grounds for
third time in 2012 and this time it was for my wife and my daughters (my two daughters were new addition to the file this time). There was
Verbal rejection during interview (Jan 2013 was the interview)--h&C application (Reasons--Not sufficient Humanitarian grounds and sponsor can go back to India. They did not
even consider my kids)
.They have said that I can appeal the decision.

My question is, can I win this appeal by any chance ? will they even consider my kids and there is no problem for me to provide relationship proof documents.

Thanks to everyone in advance...

 

[gsize]

The following is the brief summary of sponsorship case:

.Did not declare my marital status during my PR (Applied for PR 2004, got married oct 2006, Became PR Jan 2007--Misinterpreted a notice letter sent by buffalo office and thought could apply separately)
.Rejected for the first time (applied for sponsorship in March 2007) --normal sponsorship application
. Rejected for second time--H&C application (Reasons--Not sufficient Humanitarian grounds and said that the sponsor can go back to India)
. Between 2008 and 2010 I was in India with my family. Came back to Canada by End of 2010 and reapplied for Sponsorship on H&C grounds for
third time in 2012 and this time it was for my wife and my daughters (my two daughters were new addition to the file this time). There was
Verbal rejection during interview (Jan 2013 was the interview)--h&C application (Reasons--Not sufficient Humanitarian grounds and sponsor can go back to India. They did not
even consider my kids)
.They have said that I can appeal the decision.

My question is, can I win this appeal by any chance ? will they even consider my kids and there is no problem for me to provide relationship proof documents.

Thanks to everyone in advance...

yes, you can possibly win the Appeal....many do. Depending where you live, there is a long wait (toronto 2 years)

 

[scylla]

My question is, can I win this appeal by any chance ? will they even consider my kids and there is no problem for me to provide relationship proof documents.

There's no point in appealing in my opinion. You have no chance of winning. Because you failed to declare your wife she's no longer classified as a member of your family for immigration purposes. It has nothing to do with how strong your relationship is or that you have daughters. You can never sponsor her and nothing will ever change this because you failed to add her to your application before you landed.

Your best bet for reuniting your family here is for your wife to apply to immigrate independently through another immigration class (e.g. skilled worker, provincial nominee). Have you looked at the requirements to see if she might qualify?

You're lucky CIC didn't decide to revoke your PR status due to the misrepresentation. Sometimes this happens.

Good luck. Hope things work out for you and your family.

 

[scylla]

yes, you can possibly win the Appeal....many do. Depending where you live, there is a long wait (toronto 2 years)

Actually - in these types of situations there's pretty much zero chance. It's not a standard refusal. They weren't refused because CIC doesn't believe their relationship is genuine. They were refused because the OP landed as a single person when he was actually married. When you do this, it's misrepresentation (lying about your status) and it means you can never sponsor your spouse.

 

[gsize]

Actually - in these types of situations there's pretty much zero chance. It's not a standard refusal. They weren't refused because CIC doesn't believe their relationship is genuine. They were refused because the OP landed as a single person when he was actually married. When you do this, it's misrepresentation (lying about your status) and it means you can never sponsor your spouse.

Interesting ! Thanks for the clarification. Another sad story !

 

[scylla]

Interesting ! Thanks for the clarification. Another sad story !

Yes - sad story. But extremely easily avoided by following the rules.

 

[rajesh_sharma]

There's no point in appealing in my opinion. You have no chance of winning. Because you failed to declare your wife she's no longer classified as a member of your family for immigration purposes. It has nothing to do with how strong your relationship is or that you have daughters. You can never sponsor her and nothing will ever change this because you failed to add her to your application before you landed.

Your best bet for reuniting your family here is for your wife to apply to immigrate independently through another immigration class (e.g. skilled worker, provincial nominee). Have you looked at the requirements to see if she might qualify?

You're lucky CIC didn't decide to revoke your PR status due to the misrepresentation. Sometimes this happens.

Good luck. Hope things work out for you and your family.

Thank you for reply....Here is my question then when she applies for Immigration herself can she declare that her husband is in Canada and get points for that? Also, I can sponsor just my kids as they were born after I got myself PR...So things are twisted for me.. Also I have another question, in one more year I can apply for Citizenship and if I sponsor my wife and kids as Citizen will that have weight for my application at all?

 

[rajesh_sharma]

yes, you can possibly win the Appeal....many do. Depending where you live, there is a long wait (toronto 2 years)

Thanks for giving me some hope!!!

 

[scylla]

Thank you for reply....Here is my question then when she applies for Immigration herself can she declare that her husband is in Canada and get points for that? Also, I can sponsor just my kids as they were born after I got myself PR...So things are twisted for me.. Also I have another question, in one more year I can apply for Citizenship and if I sponsor my wife and kids as Citizen will that have weight for my application at all?

Yes - you can sponsor your children.

No - if your wife applies to immigrate herself she won't get any extra points for you.

No - being a citizen won't change anything unfortunately.

 

[rajesh_sharma]

Yes - you can sponsor your children.

No - if your wife applies to immigrate herself she won't get any extra points for you.

No - being a citizen won't change anything unfortunately.

Thanks again for the reply. I have just another question I live in Saskatchewan and want to apply for Citizenship will that be faster or any change from other province?

 

[scylla]

Thanks again for the reply. I have just another question I live in Saskatchewan and want to apply for Citizenship will that be faster or any change from other province?

Sorry - I don't know.

You should post this question to the Citizenship section of this forum:

http://www.canadavisa.com/canada-immigration-discussion-board/citizenship-b12.0/

 

[rajesh_sharma]

Sorry - I don't know.

You should post this question to the Citizenship section of this forum:

Sorry for the post...

 

[Steph C]

Yes - you can sponsor your children.

Hypothetically, if he sponsored his children and if the Canadian government re-opened sponsorship of parents, when the children are of legal age could they sponsor their mother?

 

[scylla]

Hypothetically, if he sponsored his children and if the Canadian government re-opened sponsorship of parents, when the children are of legal age could they sponsor their mother?

Yes - once they are old enough and make sufficient income. That would certainly be another way to go.