My husband and I were married in the Philippines. It was a civil marriage because I was just there for a month. I processed his papers last march 2013. On September 24,2013, he received an email from manila immigration requiring him to submit his original passport, original NSO Advisory on Marriages for himself and an additional document. He then gathered all the requirements and he submitted it on the last day of October 2014. We were waiting for the results until last Monday April 28, they emailed both of us. The email was shown below.. I was so frustrated with this letter and I don't know what to do. My husband is not married before and we legally processed our marriage contract. What are the immigrations bases that the documents submitted to them were fraudulent? Thanks
Visa Section
Level 6, Tower 2, RCBC Plaza
6819 Ayala Avenue
Makati City 1200
Philippines
P.O. Box 2168
Makati Central Post Office
Makati City 1200
Philippines
This refers to your application for permanent residence in Canada.
Your application and all of the documents you submitted in support of it have been reviewed and it
appears that you may not meet the requirements for immigration to Canada.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national
must, before entering Canada, apply to an officer for a visa or any other document required by the
Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an
examination, the officer is satisfied that the foreign national is not inadmissible and meets the
requirements of the Act.
I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the
Immigration and Refugee Protection Act which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the
purpose of the examination and must produce a visa and all relevant evidence and documents
that the officer reasonable requires.
Specifically, I have concerns that the NSO Advisory on Marriages and NSO Cenomar which you have
provided in support of your application are fraudulent.
Please note that if it is found that you have engaged in misrepresentation in submitting your application
for a permanent residence, you may be found to be inadmissible under section 40(1)(a) of the
Immigration and Refugee Protection Act. A finding of such inadmissibility would render you
inadmissible to Canada for a period of two years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a
relevant matter that induces or could induce an error in the administration of this Act
40(2) The following provisions govern subsection (1):
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(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of two years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.
Section 117(9) of the regulations states that no foreign national may be considered a member of the family class by virtue of their relationship to a sponsor if
(c) the foreign national is the sponsor's spouse and
(i) the sponsor or foreign national, was, at the time of their marriage, the spouse of another person.
I would like to provide you with the opportunity to respond to this information. Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration in response to the concerns identified above must be received at our office within 45 days of the date of this letter. If you do not respond to this request within the period indicated, your application will be assessed based on the information currently on file and may result in the refusal of your application.
Only original documents or, when unavailable, certified documents are acceptable.
The file number noted above must be included on all correspondence with this office.
Sincerely,
Family Class Section Family Reunification Unit
Embassy of Canada, Manila
