Spousal sponsorship

[computergeek]

Hypothetically speaking, can we go for Mandamus before the 26 month mark is over, considering that we have evidence of negligence on their part?

You may file at any point in time, but you are unlikely to be granted leave unless it is beyond the normal processing time. If you wish to explore this route, I would suggest searching CanLii for mandamus cases. Make sure you pick an attorney with experience in such cases.

I've done this search before and there are very few mandamus cases. Here is an interesting one: http://canlii.ca/t/1r5mb

Note that the JR application is dismissed on the basis that the issue now moot. In other words, the applicant has been granted permanent residency. This is actually the most common outcome - CIC resolves the issue and thus doesn't need to address the issue at all.

Good luck!

 

[mynboi6768]

corrections....anyone can not apply if you are undischarged of bankruptcy....my friend just sponsor her wife and is discharged from bankruptcy,under social assistance yes we are not eligible.

 

[JesustheSavior]

Hi guys,
I emailed my VO about my adres s a month ago, but its still not updated online.Its been a month now since i contacted them. anybody got an idea? thanks
until now, the status online stil says we received your application .. . only that, my VO is 8 months procesing time and we got aproval of sponsorship on july. its stil early to hear anything from them even to put someth online? thanks a bunch.

 

[irritated]

hi i have a question regarding my pr application do still have to pay for my daughter on my pr application if she is 21 and in a relationship and wont be comming to canada and do i need police checks on her to or is it just for myself any advice would be very helpfull to me as the pr application forms look very complicated

 

[R151NG5UN]

hi i have a question regarding my pr application do still have to pay for my daughter on my pr application if she is 21 and in a relationship and wont be comming to canada and do i need police checks on her to or is it just for myself any advice would be very helpfull to me as the pr application forms look very complicated

You don't have to pay for any non-accompanying family members or police checks or medicals, however if you choose not too, I believe this will close of any future avenue for sponsoring her at a later date. Basically she will become inadmissible under your sponsorship.

 

[computergeek]

You don't have to pay for any non-accompanying family members or police checks or medicals, however if you choose not too, I believe this will close of any future avenue for sponsoring her at a later date. Basically she will become inadmissible under your sponsorship.

This is because, under IRPA, anyone who is not examined is not considered a member of the family class. There are some interesting loopholes here (if the VO decides not to examine the person, they are not excluded - something I've seen happen for partner class people before) but if you don't declare them, or if the VO asks for them to be examined and you (or they) decline,then you need not pay the fee and they are no longer members of the family class. You are forever barred from sponsoring them in the family class.

If they apply in an economic class, they will get points for having family in Canada.

 

[R151NG5UN]

Computergeek can you look in May 2012 outland thread. There seems to be a similar subject to this but I cant get to grips with it, I thought it was initially because the couple were married and the wife left the husband off her form when she applied for PR under the sponsorship of her father but it appears not so. They have had their application refused after 6 months of waiting for stage 1 approval (which has been refused). Hopefully you can spot something I have missed. Thanks

 

[Klang2x]

hi everyone, my husband is a PR in canada, he has sent our application last july 2012, we are just a bit bothered because as i checked cic last aug,it says that applications which are passed last july are already processed (69 days was the for step 1).. More than 69 days had passed and he have not recieved any acknowledgement letter yet from cic..  do we need to call cic regardin that? Or do we still need to wait longer?... And if documents are incomplete how long will it take for cic to tell you you had sent incomplete documents? Pls help , i need some advice...;(

Hello sali ako dito ha,. pareho tayo ng sitwasyon kasi..ng apply ako last July pero wla akong natanggap hanggan ngayon tinawaga ko sila kanina hindi pa nabuksan ang July sa Vegreville Alberta June pa ang pina process nila,. ang sabi call ako ulit after 1 1/2 months kaya sa December pa ako tatawag ulit hopefully before that may matanggap na ako na notification/acknowledgement either email/mail. Saan ipinasa ng husband mo? pray hard nlang tayo nito.. God Bless

 

[besykobuset]

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?

 

[computergeek]

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.

 

[besykobuset]

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.

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.

we get married in march of 2012.. our relationship started 2007
her entire family applied PR on 2008(im not sure) by that time their papers were on process, we started to live in together until the time they left our country(2008-2010). There were no changes happened in their applications because we didnt have concrete plans for the future then. we got engaged on july 2011.

 

[computergeek]

we get married in march of 2012.. our relationship started 2007
her entire family applied PR on 2008(im not sure) by that time their papers were on process, we started to live in together until the time they left our country(2008-2010). There were no changes happened in their applications because we didnt have concrete plans for the future then. we got engaged on july 2011.

You satisfied the requirements of being common-law partners under Canadian law. That is why the VO refused your application.

The only argument I could see is that you ended your relationship in 2010 and then resumed it at a later time. But if that is not what happened, then I'm afraid you are not eligible. Further, your spouse is guilty of misrepresentation to CIC.

You are allowed to apply in an economic class (e.g., skilled worker, entrepreneur or investor) and you will be given credit for family in Canada.

 

[besykobuset]

You satisfied the requirements of being common-law partners under Canadian law. That is why the VO refused your application.

The only argument I could see is that you ended your relationship in 2010 and then resumed it at a later time. But if that is not what happened, then I'm afraid you are not eligible. Further, your spouse is guilty of misrepresentation to CIC.

You are allowed to apply in an economic class (e.g., skilled worker, entrepreneur or investor) and you will be given credit for family in Canada.

im speechless and blanked..

 

[scylla]

You satisfied the requirements of being common-law partners under Canadian law. That is why the VO refused your application.

The only argument I could see is that you ended your relationship in 2010 and then resumed it at a later time. But if that is not what happened, then I'm afraid you are not eligible. Further, your spouse is guilty of misrepresentation to CIC.

You are allowed to apply in an economic class (e.g., skilled worker, entrepreneur or investor) and you will be given credit for family in Canada.

Agreed. Unfortunately you were correctly refused by CIC.

Hopefully you qualify to immigrate independently.

 

[besykobuset]

Agreed. Unfortunately you were correctly refused by CIC.

Hopefully you qualify to immigrate independently.

so no chance to apply under family class at all?