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Spousal sponsorship

nekeol

Champion Member
Nov 7, 2012
2,507
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Waterloo region, Ontario
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fawadnew said:
But Sir , I informed Visa officer of CIC few days before getting married . But he categorically asked me that your file is now closed, your spouse cannot be added in your closed file. He further advised to land in Canada & then apply on family sponsor.

please guide.
now please follow cic instructions. if you want to add your wife now it will be big challenge for you better to land and then apply for the spousal sponsorship.
 

Ponga

VIP Member
Oct 22, 2013
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nekeol said:
now please follow cic instructions. if you want to add your wife now it will be big challenge for you better to land and then apply for the spousal sponsorship.
It's too late!!!
 

fawadnew

Member
May 28, 2015
19
0
nekeol said:
now please follow cic instructions. if you want to add your wife now it will be big challenge for you better to land and then apply for the spousal sponsorship.
Sir I followed the CIC officer instruction and landed in Canada. After landing in Canada , I applied to sponsor my wife. but CIC rejected my case due to ineligibility under regulation 117(9)(d).

Now what i should I do ? please guide me.
 

Tolexmi

Hero Member
Jun 26, 2015
277
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fawadnew said:
Sir I followed the CIC officer instruction and landed in Canada. After landing in Canada , I applied to sponsor my wife. but CIC rejected my case due to ineligibility under regulation 117(9)(d).

Now what i should I do ? please guide me.
Fawadnew

You cannot sponsor ur wife immediately u land in Canada. i think u would need to stay there at least 3 - 6 months,
also from the day u submit your application till the the applicant lands in Canada, u have be resided in Canada all through this period..

COrrect me if am wrong anyone??????
 

Ponga

VIP Member
Oct 22, 2013
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Tolexmi said:
Fawadnew

You cannot sponsor ur wife immediately u land in Canada. i think u would need to stay there at least 3 - 6 months,
also from the day u submit your application till the the applicant lands in Canada, u have be resided in Canada all through this period..

COrrect me if am wrong anyone??????
Wrong!
 

MilesAway

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Jul 26, 2012
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nekeol said:
now please follow cic instructions. if you want to add your wife now it will be big challenge for you better to land and then apply for the spousal sponsorship.
Terrible advice. That would be misrepresentation, and they could put their PR in jeopardy, and they would never be able to sponsor their spouse.

The instructions are clear. Your COPR shows single, and you are not, therefore you cannot use that COPR to land. You need to return it to the VO and send in the updated documents. Failure to do so, even if CIC says that you should land, means that you can NEVER sponsor your spouse. My wife's COPR and PPR were very clear on that. Any family members not included were forever excluded from the family class.
 

Ponga

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Oct 22, 2013
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fawadnew said:
But Sir , I informed Visa officer of CIC few days before getting married . But he categorically asked me that your file is now closed, your spouse cannot be added in your closed file. He further advised to land in Canada & then apply on family sponsor.

please guide.
Here is a very simple question:

Have you already landed as a Permanent Resident of Canada, or do you simply have your CoPR but have not yet officially landed?

Please clarify.
 

fawadnew

Member
May 28, 2015
19
0
Ponga said:
Here is a very simple question:

Have you already landed as a Permanent Resident of Canada, or do you simply have your CoPR but have not yet officially landed?

Please clarify.
I landed Canada :but ,got married before landing Canada . At the time of marriage, my file was closed by cic. That"s why cic advised me to land canada and apply on family sponsor basis.

Guide me please
 

Turbo2000

Star Member
Aug 7, 2015
178
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12-04-2015
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DM2: 12-18-2015
LANDED..........
JAN. 17TH 2016 !!!!!!!!!!!!!
In that case, there is nothing you can do...getting married and landing as single. I'm sure even at the airport of landing u still said single.
The CIC officer had suggested you land b4 getting married, but it seems u decided to do the opposite.
The law is clear on this:

Subsection 117(9)(d) of the Immigration and Refugee Protection Regulations, states that, a foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if, 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.

fawadnew said:
I landed Canada :but ,got married before landing Canada . At the time of marriage, my file was closed by cic. That"s why cic advised me to land canada and apply on family sponsor basis.

Guide me please
 

fawadnew

Member
May 28, 2015
19
0
Turbo2000 said:
In that case, there is nothing you can do...getting married and landing as single. I'm sure even at the airport of landing u still said single.
The CIC officer had suggested you land b4 getting married, but it seems u decided to do the opposite.
The law is clear on this:

Subsection 117(9)(d) of the Immigration and Refugee Protection Regulations, states that, a foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if, 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.
No Sir, cic officer suggested me that you land in Canada and then apply on family sponsor. Moreover, No such Question was asked at the airport.

Please guide me how can I re-apply by removing this ineligibility .
 

Turbo2000

Star Member
Aug 7, 2015
178
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Visa Office......
Dakar
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DM1: 02-07-2015, IN PROCESS: 09-10-2015
Med's Request
UPFRONT
Med's Done....
14-04-2015
Interview........
WAIVED
Passport Req..
12-04-2015
VISA ISSUED...
DM2: 12-18-2015
LANDED..........
JAN. 17TH 2016 !!!!!!!!!!!!!
Did the CIC officer advise you to get married before landing as single ? That can't be true.
The main issue is you got married before landing...the officer suggested u land before getting married...that's the mistake you made.
The ineligibility is irreversible....except there is a change in policy by the Liberal government.
Search the thread for people with similar cases....none succeeded that I have read.

fawadnew said:
No Sir, cic officer suggested me that you land in Canada and then apply on family sponsor. Moreover, No such Question was asked at the airport.

Please guide me how can I re-apply by removing this ineligibility .
 

fawadnew

Member
May 28, 2015
19
0
Turbo2000 said:
Did the CIC officer advise you to get married before landing as single ? That can't be true.
The main issue is you got married before landing...the officer suggested u land before getting married...that's the mistake you made.
The ineligibility is irreversible....except there is a change in policy by the Liberal government.
Search the thread for people with similar cases....none succeeded that I have read.

Is there any change in policy expected in your view please ?
 

scylla

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Jun 8, 2010
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05-10-2010
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05-10-2010
fawadnew said:
Is there any change in policy expected in your view please ?
No.
 

ymserver

Star Member
Jan 16, 2015
130
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02-11-2015 (DM2), no PPR
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16-11-2015 (COPR)
fawadnew said:
Is there any change in policy expected in your view please ?
Sounds like in your case, based on other threads that I have read from others' similar experience, the only way your spouse can immigrate to Canada is to immigrate by herself (as a skilled worker, etc http://www.cic.gc.ca/english/immigrate/apply.asp), but not through the Family Class.
 

susanrichards

Full Member
Aug 21, 2015
36
0
Toronto
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Visa Office......
Mississauga
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Pre-Assessed..
App. Filed.......
13-11-2015
I am wondering if someone can offer some advise related to my outland spouse application. I am almost ready to send it off and I am very confused about 1 form. The IMM 5406 Additional Family Information Form which is included in my husband's portion of the application. I am confused as to what needs to be filled out here. I understand that he is the applicant and I am the spouse however do I need to fill in all the other sections (mother, brother, father, child and step child) for him even though none of those people are accompanying him?

As well, do I need to fill out one of these forms as well for my family? I kind of hints at the fact that I may have to. I'm so confused. Can someone please clarify or provide some guidance.