I have over 8 years experience of UK, European and Canadian immigration law with my main focus being appeal work. Please feel free to ask questions and I will guide and support you.
Spouse Application refused? I will answer your spouse appeal questions
- Thread starter Harjit Grewal
- Start date
greenlytatum
Full Member
- Jan 13, 2014
- 37
- 0
- Category........
- Visa Office......
- Pretoria
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 26 February 2014
- AOR Received.
- 21 March 2014
- File Transfer...
- 3 July 2014
- Med's Done....
- 15 October 2013
- Passport Req..
- 28 July 2014
- VISA ISSUED...
- 15 August 2014
- LANDED..........
- 30 August 2014
hi there.
Just a quick hopefully not stupid question. My mom has been a canadian citizen for about 10 years now. She applied for permanent residency from within canada and honestly,i don't remember doing any medicals then. I asked her,and she told me that cic didn't request for them,though she mentioned in the application that she had a daughter (me). I was about 10years old then. Does this mean im ineligible to be sponsored?
Just a quick hopefully not stupid question. My mom has been a canadian citizen for about 10 years now. She applied for permanent residency from within canada and honestly,i don't remember doing any medicals then. I asked her,and she told me that cic didn't request for them,though she mentioned in the application that she had a daughter (me). I was about 10years old then. Does this mean im ineligible to be sponsored?
greenlytatum
Full Member
- Jan 13, 2014
- 37
- 0
- Category........
- Visa Office......
- Pretoria
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 26 February 2014
- AOR Received.
- 21 March 2014
- File Transfer...
- 3 July 2014
- Med's Done....
- 15 October 2013
- Passport Req..
- 28 July 2014
- VISA ISSUED...
- 15 August 2014
- LANDED..........
- 30 August 2014
hi there.
Just a quick hopefully not stupid question. My mom has been a canadian citizen for about 10 years now. She applied for permanent residency from within canada and honestly,i don't remember doing any medicals then. I asked her,and she told me that cic didn't request for them,though she mentioned in the application that she had a daughter (me). I was about 10years old then. Does this mean im ineligible to be sponsored?
Just a quick hopefully not stupid question. My mom has been a canadian citizen for about 10 years now. She applied for permanent residency from within canada and honestly,i don't remember doing any medicals then. I asked her,and she told me that cic didn't request for them,though she mentioned in the application that she had a daughter (me). I was about 10years old then. Does this mean im ineligible to be sponsored?
Harjit Grewal said:
Hello there
My husband is a Canadian citizen and I am a Filipina, our application for spouse sponsorship was not yet over but for SA or sponsor approval my husband was not eligible to sponsor he did not withdraw the application and it was been forwarded(December 2013) to Canadian Embassy Manila for consideration, we wait for them to give us a final decision before we can appeal. The reason that his not eligible to sponsor was his divorce date was stated May 2013 and we got married Nov 2012, so the immigration said that he was still a spouse of another when we got married. But his original copy of divorce paper it was dated long time ago 2005 and that divorce paper was burned inside the stock room building and he don't have any copy and messed up the application now.... What should we do to clear up that? He showed his previous tax copy year 2013 to 2005 and it shows on his printout marital status; Divorced
greenlytatum said:
If you failed to do the medical, then you are no longer classified as your mother's dependent and can't be sponsored by her. Being mentioned in the application isn't enough - you must have completed the medical. Is your mother sure you didn't complete the medical?
scylla said:
Don't CIC rules state that it's up to the visa office to request the medicals? If daughter was listed as non-accompanying dependent, but CIC never requested medicals and still issued the mom her visa, then that would have been at CIC's discretion not to have the medical exam done.
Not sure why they wouldn't have requested them, but perhaps back then they were a bit more lenient on medicals for non-accompanying kids.
edit: source: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf
5.12. Exclusion from membership in the family class – R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)
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......
Samantala
Couldn't your husband obtain a replacement divorce certificate from the lawyer who assisted him with the case or from the court/registry which issued the divorce certificate?
Paragraph 13.2 of OP Manual 2 reads:
R117(9)(c)(i) states that a spouse is not a member of the family class if the spouse or sponsor was already married to another person at the time of the subsequent marriage. This regulation prohibits a second (or third, etc.) wife from being recognized as a spouse within the family class and provides that only the first marriage may potentially be recognized for immigration purposes.
The decision to refuse must be based on the balance of all evidence, and not solely because the applicant did not obtain a divorce. The parties must understand that refusal to provide such evidence may result in a refusal of their application. A polygamous second (or third, etc.) marriage cannot be converted to one of monogamy. If a
husband wishes to sponsor a wife other than his first as a spouse, he must divorce his other wives and remarry the chosen wife in a form of marriage that is valid in Canada. He and his chosen spouse must sign a declaration to that effect.
The prohibition against polygamy in the Regulations, and the lack of recognition of all spouses except the first, cannot be avoided by processing a second spouse as a common-law partner. Legally, it is not possible to establish a common-law relationship that meets the definition of such in terms of conjugality, where one or both parties are still living in a pre-existing conjugal relationship. The notion of conjugality has within it the requirement of monogamy; therefore, it is only possible in law to establish a new common-law relationship after a person is either divorced or separated from the spouse or common-law partner and where they have convincingly formed the intention not to continue with that previous relationship.
An already existing marriage, uninterrupted by separation, divorce or death, is a barrier that cannot be overcome when assessing a second spouse as a common-law partner. However, where such a barrier is removed (i.e., a first wife is subsequently divorced or is deceased), a husband and second wife could choose either to remarry, or could potentially meet the definition of common-law partner (i.e., where a husband was separated from a first wife and lived with a second wife in a bona fide conjugal relationship for one year after the separation from a first wife). Because a subsequent marriage (where the first is continuing) is not valid in Canadian law, persons in such a scenario would be considered as single in law and thus, they would have to remarry to be considered married under Canadian law.
Couldn't your husband obtain a replacement divorce certificate from the lawyer who assisted him with the case or from the court/registry which issued the divorce certificate?
Paragraph 13.2 of OP Manual 2 reads:
R117(9)(c)(i) states that a spouse is not a member of the family class if the spouse or sponsor was already married to another person at the time of the subsequent marriage. This regulation prohibits a second (or third, etc.) wife from being recognized as a spouse within the family class and provides that only the first marriage may potentially be recognized for immigration purposes.
The decision to refuse must be based on the balance of all evidence, and not solely because the applicant did not obtain a divorce. The parties must understand that refusal to provide such evidence may result in a refusal of their application. A polygamous second (or third, etc.) marriage cannot be converted to one of monogamy. If a
husband wishes to sponsor a wife other than his first as a spouse, he must divorce his other wives and remarry the chosen wife in a form of marriage that is valid in Canada. He and his chosen spouse must sign a declaration to that effect.
The prohibition against polygamy in the Regulations, and the lack of recognition of all spouses except the first, cannot be avoided by processing a second spouse as a common-law partner. Legally, it is not possible to establish a common-law relationship that meets the definition of such in terms of conjugality, where one or both parties are still living in a pre-existing conjugal relationship. The notion of conjugality has within it the requirement of monogamy; therefore, it is only possible in law to establish a new common-law relationship after a person is either divorced or separated from the spouse or common-law partner and where they have convincingly formed the intention not to continue with that previous relationship.
An already existing marriage, uninterrupted by separation, divorce or death, is a barrier that cannot be overcome when assessing a second spouse as a common-law partner. However, where such a barrier is removed (i.e., a first wife is subsequently divorced or is deceased), a husband and second wife could choose either to remarry, or could potentially meet the definition of common-law partner (i.e., where a husband was separated from a first wife and lived with a second wife in a bona fide conjugal relationship for one year after the separation from a first wife). Because a subsequent marriage (where the first is continuing) is not valid in Canadian law, persons in such a scenario would be considered as single in law and thus, they would have to remarry to be considered married under Canadian law.
