Spousal sponsorship

[Leon]

Agreed. Immigration lets you know to inform them of any changes in your family composition before you land. When you landed on the visa you got as a single person having been married in the meantime, you actually committed misrepresentation. Immigration could revoke your PR for this and even if they do not, you will never be able to sponsor your wife because you did not add her to your application and she did not have her background checks and medical exam.

If your wife wants to immigrate, she will have to do it on her own.

 

[Priya1982]

I have came back only 2 weeks before and what are the possibilities to apply under sponsorship category
..
If I submit her documents for sponsorship,, what is the possibility of accepting the docs .. Or else what are the other options other than applying on her own

 

[scylla]

I have came back only 2 weeks before and what are the possibilities to apply under sponsorship category
..
If I submit her documents for sponsorship,, what is the possibility of accepting the docs .. Or else what are the other options other than applying on her own

As other have said, it is now impossible for you to sponsor your wife. There is zero possibility that the application will be accepted.

The only option you have is for your wife to apply for PR on her own / indpendently (e.g. as a skilled worker, provincial nominee, etc.). There are no other options.

 

[Priya1982]

Thanks for the clarification ,, I have some more concerns ,,,

1) My wife has changed her passport sur-name to my one and already gone for the Canadian medical as well ,, so if she applies for PNP or skilled worker ,, will it be a problem
2) If it will be a problem to apply on her own while I am working in Canada
3)what if I prevoke my PR and go back and reapply
4) how long I have to wait to reapply after prevoking the PR

 

[zardoz]

Thanks for the clarification ,, I have some more concerns ,,,

1) My wife has changed her passport sur-name to my one and already gone for the Canadian medical as well ,, so if she applies for PNP or skilled worker ,, will it be a problem
2) If it will be a problem to apply on her own while I am working in Canada
3)what if I prevoke my PR and go back and reapply
4) how long I have to wait to reapply after prevoking the PR

1) The name is not a problem as any new application can contain her new name. It is unlikely that the medical she has just done will be of any use now. (It will expire in one year)
2) Not at all. In fact, this is now the only way.
3) Given that you committed misrepresentation, you should keep your head down and hope CIC don't revoke it. You may not get another chance.
4) See 3)

I'm really sorry this has happened, but the rules are there for a reason. We see a lot of people who get into this situation. Some appeal, but almost none ever succeed.

Regulation 117(9)(d) provides that:

117(9)(d) Excluded relationships - 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.

You should study the thread at http://www.canadavisa.com/canada-immigration-discussion-board/plz-need-urgent-help-regarding-submission-on-1179d-t126920.0.html as it explains in more detail.

 

[Priya1982]

Thank you
1) will the PNP applies only for the individuals already in Canada
2) Is there any possibility her to apply for student visa while I am in Canada

 

[zardoz]

Thank you
1) will the PNP applies only for the individuals already in Canada
2) Is there any possibility her to apply for student visa while I am in Canada

1) No, PNP is for anybody to attempt to apply for.
2) Almost certainly not unless she can demonstrate that she has no intention of staying in Canada at the end of her studies.

The burden of proof would be on her, and given the situation, I doubt that she would pass it.

Just for your extra clarification, the case at http://canlii.org/eliisa/highlight.do?text=117%289%29%28d%29&language=en&searchTitle=Canada+%28Federal%29+-+Immigration+and+Refugee+Board+of+Canada&path=/en/ca/irb/doc/2006/2006canlii71695/2006canlii71695.html&searchUrlHash=AAAAAQAJMTE3KDkpKGQpAAAAAAAAAQ almost matches yours. The appeal was denied.

 

[Adam213]

Hi
Anyone know what next step after I did my medical exam and pay RPRF? I just get it done after Paris visa office ask me that,and how long wait for next step,I did not get any interview or passport reqeust yet

 

[computergeek]

1. If he sends his passport by courier he will be in Qatar without a passport and means to leave the country

If this happens, he would need to get a travel document from the Indian Mission.

2. We don't know if they'll take days, weeks, or months to get his passport back.

Are they requiring his passport, or requesting it? If they are requiring it, then he will have to submit it. I've read that it can either be carried by someone on his behalf or if he sends the request from CHC to the Indian governmental agency responsible for passports he can get a letter that allows him to use a courier service.

3. India has strict rules about mailing passports across borders.

Yes they do, but apparently there's some question about whether or not a courier constitutes "mailing". Supposedly with an appropriate letter you can get a courier to accept the passport. Some people also just put it in a courier envelope and mark it as "documents" or "visas" or something vague. But the strict safest thing is for him to either go to India while they issue the visa OR to send his passport along with someone trusted (and an authorization letter). I'd also cover it with a letter explaining the situation and requesting rapid return of the passport. That may not matter to them, but it can't hurt either.

4. He doesn't have the time or means to quit his job in the next few weeks and go sit in Delhi for an unknown amount of time waiting for his passport.

This will likely sound harsh, but CIC doesn't care about his convenience.

- How long is the processing time once you've submitted your application in person in Delhi?

Most people seem to get it back within 6-9 months. If it is submitted EARLY (like when they request it not when they demand it) that's pretty common. I've never seen anyone report on the time when they wait until the demand for it.

- Can you recommend any workarounds to this issue?

Check the NDVO threads. Folks there may have more information and ideas.

Finally, I should warn you that with the foreign service workers labour action all bets are off for processing times.

 

[computergeek]

I have came back only 2 weeks before and what are the possibilities to apply under sponsorship category
..
If I submit her documents for sponsorship,, what is the possibility of accepting the docs .. Or else what are the other options other than applying on her own

This would lead to an IRPR Section 117(9)(d) rejection:

117(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if:
...
(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.

Your wife is - as a matter of regulatory definition - excluded from being considered a member of the family class for sponsorship purposes. She will have to immigrate in an economic category. Alternatively, you can surrender your PR voluntarily and reapply together.

 

[Baby1990]

Frndzzz plz help me.
As with my previous posts u can get that i was dependent child n had a bf and then got pr n then got marry n just 20 days before i sponsor my husband. But my husband is not living with me and he n his whole family ditch me actually. They said abuse to my parents n got that he is with me for jus pr. He is international studnther.
I wanna know that i wanna take my sponsorship application back and doesn't wanna spinsor him n taking divorce too
s that gonna affect my status in canada too or that would be okay.
Plz reply. I really need a help.

 

[zardoz]

Immediately contact CIC and withdraw the sponsorship application. You have every right to do so. If you are divorcing your husband, you MUST NOT proceed with the application. That would be misrepresentation and while it will not alter your PR status, it would still be a "bad thing". You should act today. Do not delay.

 

[jask]

Frndzzz plz help me.
As with my previous posts u can get that i was dependent child n had a bf and then got pr n then got marry n just 20 days before i sponsor my husband. But my husband is not living with me and he n his whole family ditch me actually. They said abuse to my parents n got that he is with me for jus pr. He is international studnther.
I wanna know that i wanna take my sponsorship application back and doesn't wanna spinsor him n taking divorce too
s that gonna affect my status in canada too or that would be okay.
Plz reply. I really need a help.

And please report to Immigration fraud department too..

 

[LaylaLala]

Hello everyone. One member created this petition for CIC to process our applications on Change.org We don't know how much this will help, but there's no harm in trying. Just thought I should share.

https://www.change.org/en-CA/petitions/canadian-and-immigration-canada-process-family-class-permanent-residency-applications-in-a-timely-manner

 

[baba1234]

Mr LEON AND OTHER SENIORS PLEASE LET ME KNOW CAN I VISIT MY COUNTRY DURING PENDING APPLICATION FOR SPOUSAL SPONSORSHIP.