Spousal sponsorship

[frozensealion]

Re: Spousal sponsorship- in need of help

this is what i have received- help--- how should i proceed--- any experts? :'(

I have reviewed your application for a permanent resident visa as a member of the family class. I have concerns that you do not meet the requirements for immigration to Canada.

Subsection 12(1) of the Immigration and Refugee Protection Act states 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.

Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations states that no foreign national may be considered a member of the family class by virtue of their relationship to a sponsor if 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 or a former spouse or former common-law partner of the sponsor and was not examined.

Based on the information you submitted with your current application, it appears that you and your sponsor have been cohabiting in a conjugal relationship since at least 2007. You appear to have been cohabiting in the USA from3 years, and I have information that you have continued cohabiting in Canada since 2011.

Your sponsor became a permanent resident of Canada on March 26, 2009. At the time, she declared that she had no family members (spouse, common-law partner, or dependent children), whether accompanying or not. Given that it appears you were the common-law partner of your sponsor at the time she became a permanent resident, and since your sponsor did not have you examined as part of that application, you would therefore be excluded from applying for immigration in 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.

The onus is on you to satisfy me that an immigrant visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to this concern within sixty (60) days. I must also advise you that failure to disabuse me of my concern could lead to the refusal of the application. Please quote your complete application number on your correspondence and address your correspondence to CPP-Ottawa at the address indicated below.

 

[scylla]

Re: Spousal sponsorship- in need of help

this is what i have received- help--- how should i proceed--- any experts? :'(

I have reviewed your application for a permanent resident visa as a member of the family class. I have concerns that you do not meet the requirements for immigration to Canada.

Subsection 12(1) of the Immigration and Refugee Protection Act states 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.

Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations states that no foreign national may be considered a member of the family class by virtue of their relationship to a sponsor if 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 or a former spouse or former common-law partner of the sponsor and was not examined.

Based on the information you submitted with your current application, it appears that you and your sponsor have been cohabiting in a conjugal relationship since at least 2007. You appear to have been cohabiting in the USA from3 years, and I have information that you have continued cohabiting in Canada since 2011.

Your sponsor became a permanent resident of Canada on March 26, 2009. At the time, she declared that she had no family members (spouse, common-law partner, or dependent children), whether accompanying or not. Given that it appears you were the common-law partner of your sponsor at the time she became a permanent resident, and since your sponsor did not have you examined as part of that application, you would therefore be excluded from applying for immigration in 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.

The onus is on you to satisfy me that an immigrant visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to this concern within sixty (60) days. I must also advise you that failure to disabuse me of my concern could lead to the refusal of the application. Please quote your complete application number on your correspondence and address your correspondence to CPP-Ottawa at the address indicated below.

You need to give us more information about you and your sponsor. When did she become a PR? What was your relationship at that time?

Based on the information above, you were in a relationship (common law / living together) when she became a PR and she failed to declared you. That means she can never sponsor you.

 

[frozensealion]

When I did my main application I was not in a serious relationship with him _ I am the sponsor_ The letter was received by my partner-BF, fiance,common law, life partner- It took about three year to get a response and we grew as a couple. I never had an answer until 3/14 when they told me I have to get to Canada on 3/26, or the approval will expire - I was living in the US. In 15 days I had to plan how, when and where to fly to not loose my approval. They asked me if I was bringing , spouse common law or kids with me, I explain I was not. BUT I understood in that moment. At that point we were applying to stay in the US, and the plan was to stay there. :-\

Things changed!! we become serious, got engage, etc!!

 

[scylla]

When I did my main application I was not in a serious relationship with him _ I am the sponsor_ The letter was received by my partner-BF, fiance,common law, life partner- It took about three year to get a response and we grew as a couple. I never had an answer until 3/14 when they told me I have to get to Canada on 3/26, or the approval will expire - I was living in the US. In 15 days I had to plan how, when and where to fly to not loose my approval. They asked me if I was bringing , spouse common law or kids with me, I explain I was not. BUT I understood in that moment. At that point we were applying to stay in the US, and the plan was to stay there. :-\

Things changed!! we become serious, got engage, etc!!

Assuming you lived together for a year or more before 3/26 - it's not good news. Because you failed to declare your partner (i.e. add your partner to your PR application before landing and become a PR) - you can never sponsor him.

When things changed and you got serious (became common law) - it was your obligation to notify CIC and add your partner to your PR application. You also had an opportunity to do this when you received the visa (the letter you received with the visa instructed you to notify CIC if your family composition had changed). Yes - they only gave you a short time to land. However you should have returned your visa and submitted the paperwork to add your spouse (even if he had no plans to accompany you do Canada - he still should have been added to your application and medically examined). CIC would have then reviewed his paperwork and issued you a new visa with a new landing date.

When you landed in Canada and became a PR - the question they asked you was has your family composition changed? In other words, your visas says you are single - is this still true? You answered yes when the answer was no - and they you signed a document confirming you were still single.

Again, assuming the two of you had lived together for a year or more on the day you landed in Canada and became a PR - there's really nothing you can do. The application is going to be refused because you don't qualify as a sponsor for failing to declare him. Sorry.

 

[frege]

When I did my main application I was not in a serious relationship with him _ I am the sponsor_ The letter was received by my partner-BF, fiance,common law, life partner- It took about three year to get a response and we grew as a couple. I never had an answer until 3/14 when they told me I have to get to Canada on 3/26, or the approval will expire - I was living in the US. In 15 days I had to plan how, when and where to fly to not loose my approval. They asked me if I was bringing , spouse common law or kids with me, I explain I was not. BUT I understood in that moment. At that point we were applying to stay in the US, and the plan was to stay there. :-\

Things changed!! we become serious, got engage, etc!!

Hello,

Have a look at the documents linked to in this post: http://www.canadavisa.com/canada-immigration-discussion-board/possible-denial-under-para-1179-non-declaration-of-family-member-t126692.0.html;msg1921249#msg1921249

In particular, the last two discuss the definition of "common-law". The best angle of attack here might be that there wasn't, at the time you became a permanent resident, a commitment to a permanent relationship, similar to what exists in marriage. Indeed, the fact you eventually got married might show that there was a lower level of commitment at the time. However, this is less clear-cut than the case in that thread, where the living arrangement was not a typical one for a couple in a "marriage-like" relationship. You're likely to have a harder time.

Still, CIC itself is constantly questioning couples' commitment to each other when they're on the other end, trying to prove that they do have a common-law relationship. They've probably rejected relationships like yours was at that time. It seems possible a judge somewhere will feel CIC can't have their cake and eat it too.

You can search appeal decisions on Canlii using "117(9)(d)" as a search term to see if you can find cases similar to yours.

It might very well be worth discussing this with a lawyer.

 

[cempjwi]

Re: Spousal sponsorship

I am wondering if someone has any ideas or can help me with a suggestion. I got married in March this year in India. I put her PR application in Sept. The thing is that I have been contacted by someone who claims to be my wife's relative and wishes to be anonymous. I have been told that the marriage was not in good faith and that my wife is having an affair and her intent is to divorce me after she lands in canada. Even though I am skeptic but also alarmed. someone could be doing it out of jealousy or personal animosity or some other hidden agenda. OR on the other hand this might entirely be true. I have contacted my brother about this and he is arranging a private detective to look into this. It might take 6 to 8 months for a thorough and authentic investigation. I want to know if there is any way I can delay the visa process or have it put on hold until I get a report. My situation is so messed up, I can neither tell the visa office the real situation nor can I confront my wife with the facts. Any help is greatly appreciated.

If it were true it would suck, but if not, it will strain your relationship even more (more than what it already is by being apart). It is beyond me why a person will look to marry someone they probably met after they left and in a country across the world. However, that is not really for me to judge and as it is, it all has its risks. If you had submitted your application after oct 25th 2012 she would have to live with you for 2yrs before she becomes a non-conditional perm resident; two years living together could be a true test to the relationship. You can withdraw the application and re-submitted so that condition applies but that is a double-sided sword as first, she may leave you as she cannot have her free and easy pass to canada or, second, she may be so hurt that she still may leave you. If you are seriously in doubt now, you will be in doubt for a whole year while your application is processed. Cut your losses short and move on. There are women in Canada, and many are from India too. I'd say f*** tradition... you already left India for Canada. If tradition made you marry in India I'd say that is a very hypocritical way to live as you are no longer in India.

 

[Kev1n]

Re: Spousal sponsorship

Unfortunately there is no way to delay the visa process or put it on hold. If you have concerns, it is probably better to withdraw the application. I don't think you have to tell the visa office the real reason for withdrawing the application. You could say that "due to unforeseen circumstances, my wife is unable to move to Canada at this time - we will submit a new application once these circumstances have changed". Keep in mind that if you withdraw your application, your wife will likely find out.

Good luck.

I think first you should talk to your wife.

One thing if she did get PR, she would not beable to sponsor, her lover to Canada if she has one for 5 years....

 

[john6514520]

Can someone please help me. :-\

I am a permenant resident and work in Canada. My wife recently came to Canada on a student visa. She got the student visa before getting married. We then got married and she then came to Canada. However, at the port of entry, when asked about her marital status, she mentioned she was still single, as she thought telling them she was married would create suspicion since at the time her application for a student visa was submitted, she was single. I have no idea why she did that, as student are not banned from getting married! Anyways, we can't change the past. I am now looking to sponsor her through the inland application process. I am concerned that if we show our marriage in our home country on a date before she entered canada, we might run into issues for misrepresentation at the port of entry. To overcome that, I am thinking of registering marriage in Canada and getting the marriage certificate here and using that for the inland application process. We have been in a relationship for over a year. We have lots of evidence to show our relationship is genuine, lots of pictures, emails, chats, etc. Do you think this is the right way of doing it? or do i have any other options? Any help would be highly appreciated!

 

[Kev1n]

When I did my main application I was not in a serious relationship with him _ I am the sponsor_ The letter was received by my partner-BF, fiance,common law, life partner- It took about three year to get a response and we grew as a couple. I never had an answer until 3/14 when they told me I have to get to Canada on 3/26, or the approval will expire - I was living in the US. In 15 days I had to plan how, when and where to fly to not loose my approval. They asked me if I was bringing , spouse common law or kids with me, I explain I was not. BUT I understood in that moment. At that point we were applying to stay in the US, and the plan was to stay there. :-\

Things changed!! we become serious, got engage, etc!!

Maybe you could get married and start the whole process again, sponsor him as your spouse...maybe someone could answer, this question for you?

 

[frozensealion]

Assuming you lived together for a year or more before 3/26 - it's not good news. Because you failed to declare your partner (i.e. add your partner to your PR application before landing and become a PR) - you can never sponsor him.

When things changed and you got serious (became common law) - it was your obligation to notify CIC and add your partner to your PR application. You also had an opportunity to do this when you received the visa (the letter you received with the visa instructed you to notify CIC if your family composition had changed). Yes - they only gave you a short time to land. However you should have returned your visa and submitted the paperwork to add your spouse (even if he had no plans to accompany you do Canada - he still should have been added to your application and medically examined). CIC would have then reviewed his paperwork and issued you a new visa with a new landing date.

When you landed in Canada and became a PR - the question they asked you was has your family composition changed? In other words, your visas says you are single - is this still true? You answered yes when the answer was no - and they you signed a document confirming you were still single.

Again, assuming the two of you had lived together for a year or more on the day you landed in Canada and became a PR - there's really nothing you can do. The application is going to be refused because you don't qualify as a sponsor for failing to declare him. Sorry.

based on your response, if it is that cruel! why are they asking to send documentation instead of just saying "DENIED" once and for all. It seems like they are giving a chance to defend ourselves?

 

[scylla]

based on your response, if it is that cruel! why are they asking to send documentation instead of just saying "DENIED" once and for all. It seems like they are giving a chance to defend ourselves?

They are giving you a chance to prove that you were not common law when you landed and became a PR. If you weren't common law at that time - please send in as much proof as you can.

 

[scylla]

Maybe you could get married and start the whole process again, sponsor him as your spouse...maybe someone could answer, this question for you?

Getting married won't change anything.

 

[computergeek]

I need to file my common law file in New Delhi, India. I was in Canada and I met my girl friend and we lived almost more than 12 months now. I was deported from Canada because my visa was expired.

We met last year in Sept 2011 and then moved to new address. We have our Bank account together at same address plus overdraft limit together from same bank.

My driver licence, Credit card bills, Auto insurance, Trips : Pictures and documents, Our daily conversations through Facebook and phone bills, She also visited me India and we went outside trip together.

Plus, our relation declare in Canada income tax too as a common law.

My question is this : what else we require to proof our relation and How long it takes to get ARC from new delhi ?

You need to write a narrative about your relationship. The evidence should support that narrative, but that story is essential to your application. Letters from those who knew you, especially in a professional capacity, and can attest to the fact you were living together are also helpful, as well as letters from friends and family. For our application we included letters from one family member each, one friend each, and then one from our doctor (who knew us both) as well as the owner of our gym.

ARCs typically take 6-12 months to process. You will also be required to repay the removal costs (if any).

 

[munchkin80]

hi,

Have I paid the correct fees????? Just wanted to ask everyone on this thread if they've always paid the same amount when they were sponsoring their spouces....

I received an Email from Abu Dhabi, asking for the Right of Permanent Resident Fee.
I've already included this when submitting the application to Mississauga. I have a receipt for a total of $1,040 dollars as well.
I really don't understand why they are asking for it again. I paid the fees online and I have a receipt with a bar code and total showing $1,040......
What should I do,,, so worried and confused now.

I believe it was $550 dollars + $490 = $1,040

can anyone please guide me..

Thanks!

 

[frozensealion]

Assuming you lived together for a year or more before 3/26 - it's not good news. Because you failed to declare your partner (i.e. add your partner to your PR application before landing and become a PR) - you can never sponsor him.

When things changed and you got serious (became common law) - it was your obligation to notify CIC and add your partner to your PR application. You also had an opportunity to do this when you received the visa (the letter you received with the visa instructed you to notify CIC if your family composition had changed). Yes - they only gave you a short time to land. However you should have returned your visa and submitted the paperwork to add your spouse (even if he had no plans to accompany you do Canada - he still should have been added to your application and medically examined). CIC would have then reviewed his paperwork and issued you a new visa with a new landing date.

When you landed in Canada and became a PR - the question they asked you was has your family composition changed? In other words, your visas says you are single - is this still true? You answered yes when the answer was no - and they you signed a document confirming you were still single.

Again, assuming the two of you had lived together for a year or more on the day you landed in Canada and became a PR - there's really nothing you can do. The application is going to be refused because you don't qualify as a sponsor for failing to declare him. Sorry.

Scylla,
Things became serious after my landing. After my landing I went back to US, decided that I will move on with my life since he was not ready for a future together. I advised I was moving, and Canada has a new program for my profession that offer good opportunities. At that point he realized he wanted to get married and we decided to move together to Canada; after me staying with my parents in Venezuela for 6 months.