besykobuset said:
hey guys,
i need your expert advice my wife received a letter from CIC today stating the ff:
"Dear: ___________________
this refer to the Application toSponsor a member of the Family Class you subemitted to this office on behalf of (husbund's name)
We have reviewd you application and regret to advise that you are not eligible sponsor for the folowing reasons:
1. You have not submitted an application for a member of the family class. You did not declare the applicant to CIC on your own Application of permanent residence or at the time you became permanent resident of Canada. As such you do not meet regulation 117(9)(d). Please Refer to immigration and refugee protection regulations listed below for details
2. Given this ineligibilty issue, we have not reviewd any other sponsorship criteria at this time. in the event the visa officer considers processing the application for permanent resident, he/she wil notify this office and a full review of all sponsorship eligibility requirements will be done. you may be contacted for additional information should that occur.
you indicated on your sponsorship application that you wish to continue with its processing regardless of any ineligibility. As such, the application for permanent residence for your relative as been forwarded to a avisa office abroad for consideration.
Your ineligibility to sponsor will b a significant factor in the assessment of application for permanent resident for your relative. a final decision regarding that application shall be made by a visa officer and will be communicated to you and your relative...."
my wife applied her PR last 2009 and got approved 2010 as dependent child. her father as the principal applicant. so she didnt declare me that time.this doent make sense to me..what should we do?
The officer concluded that you and your wife had a qualifying relationship when she landed (2010) and thus
because you were not declared on her application you were not examined as required under the law and you are excluded as a member of the family class. The fact that she was a "dependent child" is not material. It is her status
at the time she landed that is material.
When I landed, the CBSA officer pointed out two things to me: (1) that I was certifying I didn't have any criminal convictions or charges; and (2) that my family composition had not changed and I had declared all my dependent - including spouses - on my application.
So, a couple of questions:
- When did you two first get married?
- When did you first start cohabitating in a conjugal relationship?
Something in your application made the VO believe that you were either married or in a common-law relationship at the time your wife landed.
117 (9) A foreign national shall not be considered
a member of the family class by
virtue of their relationship to a sponsor if
[/i](a) through (c) omitted[/i]
(d) subject to subsection (10), the sponsor
previously made an application for
permanent residence and became a permanent
resident and, at the time of that
application, the foreign national was a
non-accompanying family member of
the sponsor and was not examined.
(10) Subject to subsection (11), paragraph
(9)(d) does not apply in respect of a
foreign national referred to in that paragraph
who was not examined because an
officer determined that they were not required
by the Act or the former Act, as applicable,
to be examined
Source: IRPA Regulations 19 September 2012 version
One possibility is that you qualify for the Paragraph (10) exception - I have seen this situation before, where a VO decided that the relationship did not qualify, in which case the applicant is not excluded from the family class.
