Spousal Visa Denied

[Justlygrace]

I will appreciate if i can get advise pertaining to my case because right now am confused. I applied for a PR while in the United States on a student visa and then my husband was not forthcoming as regards the process. My student visa was about to expire and i received a letter from CIC then that if am unable to provide all the necessary documents my application will be cancelled. Since i do not want to get stuck in the United States as an illegal student i took my husband off the application because of the timeframe. CIC sent me a letter that i need to provide a legal document and because we are having issues then we divorced he was in Africa and i got my PR move to Canada with our daughter . After 2 years we decided to mend things again because of our daughter she is now years 14 years old and we went back to our country to remarry again so we put our application in again and the application was rejected based on the fact that we i divorced him just to get my PR to come into Canada . I still want him to be here but am so confused that i do not know how to go about it am now a citizen with my daughter. Our daughter keeps bothering me daily why her dad cant be here since we have our citizenship. Please i need advice on what steps to take on how to have him here even for a short visit.

 

[scylla]

Unfortunately I don't think it's possible for you to sponsor your spouse for PR. If he wishes to obtain PR, he will have to qualify and apply on his own (e.g. as a skilled worker). Because you were previously married to him and divorced him at the time your application was being processed, he didn't go through the medical as part of your application and is now excluded from being sponsored as a family member. Unfortunately too many people in the past divorced and then remarried their spouses to avoid taking the medical - for this reason CIC now has a rule in place preventing spouses from being sponsored in situations such as yours.

He can certainly try applying for a TRV. However the chances of refusal are likely quite high since CIC knows he is interested in remaining in Canada long term.

Again, the only real option is for him to apply for PR on his own.

Good luck.

 

[truesmile]

scylla is absolutely correct. Since you removed him from your application he can now never be sponsored under the Family Class.

 

[Nyhiraba]

You should read this: http://www.cba.org/cba/cle/pdf/Rubinoff2.pdf

 

[Hasan9999]

Hi there,

1) Consult with a good immigration lawyer.
2) Your daughter may eventually sponsor your husband.

Hasan

 

[screech339]

Hi there,

1) Consult with a good immigration lawyer.
2) Your daughter may eventually sponsor your husband.

Hasan

As long as the wife is alive, it is expected that she sponsor her husband. So he is banned from family class sponsorship while the wife is alive. This may work once the husband becomes a widower.

 

[canadianwoman]

To sponsor him as your husband, or win an appeal, you would have to prove that the divorce was a real divorce, not a divorce of convenience, and that you have really gotten back together. I would get an immigration lawyer to help you if you want to try this.

 

[canuck_in_uk]

As long as the wife is alive, it is expected that she sponsor her husband. So he is banned from family class sponsorship while the wife is alive. This may work once the husband becomes a widower.

Why would you think that? If a person qualifies to sponsor their parent, they can, regardless of whether there is a spouse alive that could also sponsor them instead. CIC will not refuse a parent sponsorship app on the basis that a spousal sponsorship app could have been submitted instead.

 

[Rob_TO]

Considering the daughter is only 14 now, with the 3 years income requirement it's probably a good 10-15 years away before they can even think about her sponsoring him, and who knows what rules will be at that time.

 

[Hasan9999]

Hi there,

1) Consult with a good immigration lawyer.
2) Your daughter may eventually sponsor your husband.

Hasan

The OP did wilfully removed her husband from her PR application, got PR and then citizenship. Now even if she could prove the divorce was genuine, still the question remains for misrepresentation.

 

[screech339]

Why would you think that? If a person qualifies to sponsor their parent, they can, regardless of whether there is a spouse alive that could also sponsor them instead. CIC will not refuse a parent sponsorship app on the basis that a spousal sponsorship app could have been submitted instead.

I suppose this could be the loophole in the system whereby banned spouses can get PR through PGP.

 

[browning911]

I agree with the other poster. Consult a reputable immigration lawyer.

 

[canuck_in_uk]

I suppose this could be the loophole in the system whereby banned spouses can get PR through PGP.

It's not a loophole. People that weren't medically examined in the ir spouse's PR app are banned from spousal sponsorship because it is Excessive Demand Exempt; this prevents medically inadmissible people from bypassing the system. Parent sponsorship is not Excessive Demand Exempt, so a medically inadmissable person would be refused anyways.

 

[screech339]

It's not a loophole. People that weren't medically examined in the ir spouse's PR app are banned from spousal sponsorship because it is Excessive Demand Exempt; this prevents medically inadmissible people from bypassing the system. Parent sponsorship is not Excessive Demand Exempt, so a medically inadmissable person would be refused anyways.

That is true. It is a bit of a loophole in a sense that it allows people to get PR without any merits taken into account, much like the spouse PR. All other PR applications, besides PGP and Spousal and Alone in Canada, requires merits to be able to get PR. Much harder to get it.

 

[sawadee-eh]

Is PGP part of Family Class? Or a separate stream? I ask because I think a person left out of an application when they should have been examined will be barred from ever applying in Family Class (not just specifically Spousal). Thanks.