Spousal sponsorship

[kickb]

Getting married means you changed your family composition and your visa was therefore rendered invalid. The correct approach would have been to re-do all forms mentioning your wife, fill out all the forms she had to fill out, pay her fees and send the updated forms to the visa office along with your passport as your visa was no longer valid and ask that they add her to your application. I am surprised that the immigration officer allowed you to land. The immigration officer should have said sorry but you got married so your visa is invalid, go home and add your wife and get a new visa. Strictly speaking, according to the rules, you would be banned from sponsoring your wife because you did not add her before landing. However, it is possible that immigration will show you mercy because you did inform them you got married and you did ask about adding her and nobody responded to you. Of course there is a strike going on which may be why they did not respond. You should therefore try to sponsor your wife and include your story with your application as well as the proof that you informed them.

i was going through OP2 where is says
"Where, however, the applicant has declared the person and CIC chooses not to examine the family member, for example, because of an administrative decision or for policy reasons, or due to an administrative error, the family member is not excluded from membership in the family class."

Can i make this point in the letter addressing the cic?

 

[kickb]

First off, the poster is giving some contradictory info:
This tells me that the poster got the usual automated response, and not a real response. So there was no indication that a CIC officer actually looked at or was aware of it.

The Operation Manual for the R117(9)(d) clause pretty clearly states that a CIC officer must explicitly give permission/approval, for a declared member of the family class to not require a medical exam and be included in the sponsor's app. There was obviously no such permission here, and the poster used the absence of a response to justify simply coming to Canada and landing. It's because of that that I can foresee problems and that CIC will say "you should have waited for a response".

i have waited from june to aug waiting for the decision and on the other hand i cant loose my parmanant job from which canadian govt is also earning in the form of tax.

 

[kickb]

The bottom line is that he landed as "single" when in fact he was married.
He chose to do so, knowing that it was incorrect, leading to a potential case of misrepresentation.
I suspect that it is also outside the remit of a CBSA agent at the POE to permit an exemption at the time of landing.
He should have been refused "landing" and returned to get it resolved.

POE officer herself informed that i need to sponsor my spouse later and now she is allowing me to enter the country.

 

[parker24]

When I applied for my OHIP . they gave me a paper which stated a number and said it will be activated after 90 days

now in couple of weeks I am completing my 90 days. and still waiting for my heathcard.

(If my healthcard doesnt arrives on time) does that mean I can still go to a doctor (after completing my 90 days.. like on 91st day) and give them my number and I will be covered ? or I have to still wait for my heathcard ?

Your health card will arrive on time, they make sure of that. My husbands showed up a week before he could use it. If it doesn't (heaven forbid) then no you can't go in until you get the card as they swipe the card.

 

[keesio]

Your health card will arrive on time, they make sure of that. My husbands showed up a week before he could use it. If it doesn't (heaven forbid) then no you can't go in until you get the card as they swipe the card.

I thought the paper was enough. I vaguely recall being told that I can use the paper while I wait for the card. I spent my first 7 years in Canada on a series of continuous 1 year work visas so I had to renew my card every year. I'd go to the OHIP office to renew and they'd give me some paper with my new OHIP number, take my old card, punch a hole in it and then give it back saying that my old card is no longer valid and show this paper if I need to get some care while I wait for my card. Again this was a long time ago so I don't know what it is now.

 

[Rob_TO]

i was going through OP2 where is says
"Where, however, the applicant has declared the person and CIC chooses not to examine the family member, for example, because of an administrative decision or for policy reasons, or due to an administrative error, the family member is not excluded from membership in the family class."

Can i make this point in the letter addressing the cic?

If the visa office truly chose not to examine someone, then they would write a letter or send an email specifically stating that they are choosing not to examine them, and they will not be barred from family class.

In your case, they obviously did not read your emails. Or if they did get them, due to the strike the emails are still in queue waiting to be reviewed and you haven't gotten the response yet. It wouldn't have mattered if you sent 100 emails. Not hearing back from CIC, is NOT the same as them giving you the ok to go ahead and proceed to Canada as single.

Also it's not just the fact that your wife didn't do a medical, but she wasn't even declared as a non-accompanying family member in your application. Even if CIC chooses not to examine someone, you still need to add them into your application.

i have waited from june to aug waiting for the decision and on the other hand i cant loose my parmanant job from which canadian govt is also earning in the form of tax.

Unfortunately CIC doesn't care whatsoever about your job or any other personal reason you would have to go to Canada without adding your wife into your application. The only reason I can think of that you would HAVE to have traveled to Canada, is if your COPR was about to expire and you still had not heard back from the visa office.

POE officer herself informed that i need to sponsor my spouse later and now she is allowing me to enter the country.

As i said, POE officer may have simply made a mistake or not fully understood the PR rules for family sponsorship. Also did the visa officer give you any paper or note that acknowledged you told her you were really married, and that she was still allowing you to land?? If she just processed you as a single person, CIC may not even believe you really told her. Either way a mistake made by the entry officer is no guarantee CIC will give you any special consideration. They are very strict when it comes to the basic rules.

So by all means you can state your case and I really hope they consider this an administrative error on their part... but you have to also be prepared to spend some money to hire a good immigration lawyer and to possibly take this to appeals court.

 

[keesio]

When you receive COPR, how long do you have to move to Canada to land before the COPR expires?

 

[Rob_TO]

When you receive COPR, how long do you have to move to Canada to land before the COPR expires?

Everyone is different. Usually the expiry date corresponds to exactly 1 year from when you did your last medical exam. I've seen some people have 8 months till the COPR expires... and some people just a few days.

 

[sid4ever2009]

My application was received FEb 18, 2013... Shipped from LA to Ottawa.


Any idea of where they are, with processing in Ottawa?

 

[simb]

I thought the paper was enough. I vaguely recall being told that I can use the paper while I wait for the card. I spent my first 7 years in Canada on a series of continuous 1 year work visas so I had to renew my card every year. I'd go to the OHIP office to renew and they'd give me some paper with my new OHIP number, take my old card, punch a hole in it and then give it back saying that my old card is no longer valid and show this paper if I need to get some care while I wait for my card. Again this was a long time ago so I don't know what it is now.

Even I was told this thing. I mean . when I applied mine I was told that IF my heathcard does not arrive on time I can go in and give the paper which had series of numbers, and get the care

my husband said that all they need is the numbers . they can swiped by a card of punched in manually

 

[hazamc]

Did anybody notice that all the media is quite and other than us on this forum mostly even in Canada NOOOO BODY KNOWS anything about strike. This is the reason that from the last so long there is no progress to stop this strike.
You Know Why?????Because it is we who are suffering and not them who are responsible for all this strike.

 

[parker24]

Even I was told this thing. I mean . when I applied mine I was told that IF my heathcard does not arrive on time I can go in and give the paper which had series of numbers, and get the care

my husband said that all they need is the numbers . they can swiped by a card of punched in manually

Normally they could punch in the numbers, but had a few friends who lost their cards, but had the paper with the health card number on it, (Canadians mind you) and they were refused at the hospital because they would have just taken a name and number from someone else. Also why there's a photo on your health card.

 

[computergeek]

The Operation Manual for the R117(9)(d) clause pretty clearly states that a CIC officer must explicitly give permission/approval, for a declared member of the family class to not require a medical exam and be included in the sponsor's app. There was obviously no such permission here, and the poster used the absence of a response to justify simply coming to Canada and landing. It's because of that that I can foresee problems and that CIC will say "you should have waited for a response".

The manual isn't controlling law, however. CIC can certainly say "you should have waited for a response" but the law doesn't give them the ability to indefinitely delay responding to an applicant, either. Were I a judge listening to such a case I'd be dubious about granting CIC the arbitrary latitude to just not respond.

The automatic acknowledgement would be sufficient to provide credible evidence the original e-mail note was received by CIC. Thus, my original point: this is an issue of procedural law, and as such would be reasonably subject to judicial review.

I agree there's no guarantee the OP will be successful, but given the current situation, that seems to be the most reasonable course of action.

Other possible courses I could see would include having the spouse apply for independent immigration, the OP surrendering PR and re-applying, or submitting an H&C application. Of those options, I think making a 117(d)(10) exception argument is a reasonable course of action.

 

[computergeek]

So by all means you can state your case and I really hope they consider this an administrative error on their part... but you have to also be prepared to spend some money to hire a good immigration lawyer and to possibly take this to appeals court.

I heartily agree with this sentiment. I've seen far too many people's applications refused on the basis of 117(d)(9) to think that this is a simple area of the law. Ironically, I've seen the reverse as well (where a partner is removed from an application because the visa officer decided the relationship didn't meet the statutory requirement) and that's the usual case for the subsection (10) exception.

A COPR is a limited lifetime document. CIC is very clear that if you do not land prior to the expiration of the document you must start your application all over again. The fact that they fuse the use of the COPR would work against them in a litigation situation - someone tries to contact them, they ignore the request. The person is facing imminent deadlines: fail to use the COPR, start over again. Use the COPR, face a 117(d)(9) exception.

For anyone facing this situation do not enter into a qualifying relationship before you land. You could land and then fly home and marry the next day and then things would be clear to sponsor. If you are living with someone and you qualify as common-law next Monday, land before next Monday. Then you are clear to sponsor.

But now what the OP has are potentially complex arguments. That's why having a very good (experienced) immigration attorney is going to be essential. I suspect the application to sponsor will be refused on a basis of 117(d)(9). IAD doesn't have jurisdiction in cases for non-family class members so that means it goes to Federal Court. It IS an issue of procedure or law, so a well written application for leave and JR should be granted.

Most immigration lawyers never write applications for leave and Judicial Review. There's a certain art to framing issues and convincing a judge there is a real issue at hand to be heard. You may also find that Justice Canada will agree with your position, in which case they will assent to Judicial Review and the application will be sent back to CIC. With a positive court decision, the sponsorship would proceed as normal.

A Judicial Review cycle would take 9-12 months.

 

[Rob_TO]

The manual isn't controlling law, however. CIC can certainly say "you should have waited for a response" but the law doesn't give them the ability to indefinitely delay responding to an applicant, either. Were I a judge listening to such a case I'd be dubious about granting CIC the arbitrary latitude to just not respond.

The automatic acknowledgement would be sufficient to provide credible evidence the original e-mail note was received by CIC. Thus, my original point: this is an issue of procedural law, and as such would be reasonably subject to judicial review.

I agree with this as well, and would probably feel the same if i was a judge that CIC messed up here. However the main point I was making is that on first go when he applies for his wife's PR under family class and includes his notes/reasons to CIC why he landed as single and why his wife wasn't on his application or did a medical exam... the most likely response from CIC will be that she is inadmissible under family class. CIC tends to go by the book, and does not seem to have the same creative freedoms a judge would have.

So he should just be prepared that there is a very high chance this will need to go to court. And should hence start looking for a good lawyer, and saving for whatever lawyer fees would be involved. I imagine in the ballpark of $$3-5,000, but not to sure.

A Judicial Review cycle would take 9-12 months.

I assume if the PR application was refused, it would be during stage 2? This means that it could be around 6 months-1 year from applying, to find out if his wife will be declared inadmissible by CIC. Then another 9-12 months for judicial process, and if successful then the application would continue in stage 2 for another indefinite time (correct if i'm wrong). so a total of around 2-3 years could be reasonably expected.