Asalam o Alaikom,
Can any one kindly guide me through some queries regarding spouse sponsorship application. I am a PR and submitted my spouse sponsorship application on January 2018. I received a procedural fairness letter last week giving us one month to show that our marriage is genuine. The details are copied from the letter and pasted as under;
""I am now completing the assessment of your application for a permanent resident visa. It appears as though your sponsor may not be an eligible sponsor as per R133 of the Immigration and Refugee Protection Act 2002 (IRPA), and as a result you are unable to become a permanent resident as per R120(b).
Section 120 of the regulations states that for the purposes of Part 5 of the regulations,
(a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect; and
(b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.
Section 133 of the regulations states that:
133. (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(a) is a sponsor as described in section 130;
130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(b) resides in Canada
Question: I am residing in Canada since March 2017. Does the below documents satisfy the requirement of section 133 and 130
1. Monthly bank account and credit card statements?
2. Notice of Assessment for 2017, T1 general for 2018?
3. Confirmation of enrollment letter from my university?
4. Employment letter from my company?
Additionally, subsection 4(1) of the Immigration and Refugee Protection Regulations states that for the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership
(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
(b) is not genuine.
I am concerned with the lack of evidence of continuous communication between you and your sponsor, which I find very unusual in a marital relationship. This apparent deviation from the cultural norm raises concerns regarding you and your sponsor’s commitment to each other in a bona fide relationship. In addition, it does not appear your sponsor has visited you since the marriage.
Question: We had submitted part of our chat history from Facebook Messenger. Do we need to submit all our chat history which is around 1100 pages?
In the absence of this evidence, I have concerns regarding the bona fides of the relationship. Before a final decision regarding your sponsor’s eligibility is made, you are being given 30 days to provide an explanation and any additional information/documentation you may wish to submit. The information/documentation you submit must be sufficient to clearly demonstrate that the above definition is/definitions are met. If the documents are not written in either English or French, please enclose a certified translation in addition to a photocopy of the original document.
Please provide:
1. Additional details of the circumstances leading to your marriage. Who introduced you to your sponsor? How were your family and the family of your sponsor connected before your marriage?
Question: Should we mention the whole cultural procedure that we have in our society for arranged marriages?
2. Additional photos showing you with your sponsor after your wedding including pictures taken during outings together.
Question: Is it okay if I send them around 400 pictures from 2015 to date?
3. Evidence of maintained communication with your sponsor during all periods apart since your wedding including a selection of internet chat records. Please ensure that the records cover the duration of your relationship and clearly indicate that the communication was between you and your sponsor.
Question: Is it okay if I send 1100 pages of facebook messenger chat history as an evidence of maintained communication?
4. Passport stamps and photos if your sponsor has visited you in Afghanistan since the submission of your application. Please provide an explanation if you have not seen your sponsor since their return to Canada.
Question: Is it a spelling mistake by the case officer that he is asking me to visit my spouse in Afghanistan rather than Pakistan?
5. Evidence of your sponsor's residence in Canada such as payslips, tax documents and bank statements listing transactions.
6. A police certificate from Pakistan.