spouse sponsorship rejection.

[Heba.y.a.]

Good day everyone.
My husband is a Canadian citizen living abroad in ksa. We got married in 2010 and have two daughters together now. I am Syrian and with the current situation going on in ksa we have decided like many to leave the country and go start a new life in Canada. My husband started working on my sponsorship application, we did it through the help of a lawyer based in Canada... it took a very long time to hear back from the immigration office in Abu Dhabi, and when we finally did they asked for proof of sponsor going back to reside in Canada with the applicant (me). We sent them proof of basement rental, job resignation from my husbands current job in ksa, job offer in Canada and a letter explaining our wishes to move to Canada together as a family. Months later the decision was made and the application had been rejected based on them not believing that my husband will be moving back to Canada with me.
Our lawyer wrote a letter to the Abu Dhabi immigration office asking them to reconsider the decision that has been made explaining to them that my husband has lost his job here and with the terrible economy and saudization his chances for getting another job is almost impossible. We haven’t registered our eldest daughter in school for the next year because our plans were to enroll her in Canada. Also now with all the new laws here we have to leave the kingdom and we cannot go anywhere since I have a Syrian passport and Syrians r banned from entering any country now besides a few.. I can’t go back to Syria because my hometown has been destroyed.
All these points were mentioned in the lawyers letter.. we get a reply from the immigration office that they will check if a mistake has been made and within 30 days if we don’t recieve any corresponding email then their decision hasn’t changed. 30 days have passed for sure with no reply. My husband was at the Canadian embassy today asking to meet with the embassador to help him solve all of this and what to do because as of July my husband needs to fly to Canada and get my daughter enrolled in school there. What happens to me and my youngest daughter being left behind?
He was told told that the embassador can’t meet with him and that the “wife” should send a letter herself to cic Abu Dhabi.
Has anyone been through this??
I know we can appeal but it will cost us around 7000us$ and it will take over a year..
reapplying all over again will also take a lot of time..
What should my letter to the immigration office say?? We already have them our true facts and intentions were clear..
let me know you thoughts and thanks in advance.

 

[Wakki]

Good day everyone.
My husband is a Canadian citizen living abroad in ksa. We got married in 2010 and have two daughters together now. I am Syrian and with the current situation going on in ksa we have decided like many to leave the country and go start a new life in Canada. My husband started working on my sponsorship application, we did it through the help of a lawyer based in Canada... it took a very long time to hear back from the immigration office in Abu Dhabi, and when we finally did they asked for proof of sponsor going back to reside in Canada with the applicant (me). We sent them proof of basement rental, job resignation from my husbands current job in ksa, job offer in Canada and a letter explaining our wishes to move to Canada together as a family. Months later the decision was made and the application had been rejected based on them not believing that my husband will be moving back to Canada with me.
Our lawyer wrote a letter to the Abu Dhabi immigration office asking them to reconsider the decision that has been made explaining to them that my husband has lost his job here and with the terrible economy and saudization his chances for getting another job is almost impossible. We haven’t registered our eldest daughter in school for the next year because our plans were to enroll her in Canada. Also now with all the new laws here we have to leave the kingdom and we cannot go anywhere since I have a Syrian passport and Syrians r banned from entering any country now besides a few.. I can’t go back to Syria because my hometown has been destroyed.
All these points were mentioned in the lawyers letter.. we get a reply from the immigration office that they will check if a mistake has been made and within 30 days if we don’t recieve any corresponding email then their decision hasn’t changed. 30 days have passed for sure with no reply. My husband was at the Canadian embassy today asking to meet with the embassador to help him solve all of this and what to do because as of July my husband needs to fly to Canada and get my daughter enrolled in school there. What happens to me and my youngest daughter being left behind?
He was told told that the embassador can’t meet with him and that the “wife” should send a letter herself to cic Abu Dhabi.
Has anyone been through this??
I know we can appeal but it will cost us around 7000us$ and it will take over a year..
reapplying all over again will also take a lot of time..
What should my letter to the immigration office say?? We already have them our true facts and intentions were clear..
let me know you thoughts and thanks in advance.

It’s not a good experience be get sponsorship rejected, I feel your disappointment.

The main reason the application had been rejected was based on IRCC not believing that your husband will be moving back to Canada with his family.

(1)
You could appeal but must understand the impact of appealing. Appealing has a 50/50 chance of result and take months to complete sometimes up to 12 months. The appeal will be based on the documents submitted with PR sponsorship, unless a new fact arises in your file as additional proof to support and strongly convince immigration appeal that your family will move to Canada.

Also, since you are married, you may be able to appeal on compassionate and humanitarian grounds considering the crisis in your country.

http://www.irb-cisr.gc.ca/Eng/BoaCom/references/procedures/Pages/ProcessSpoPar.aspx

Should you appeal, when no new fact has arise in your PR file, you must understand that losing the appeal will affect the sponsor’s ability to later sponsor their spouse again given that the Immigration Appeal Division has already decided on this matter. This is called res judicata. Any further appeal or judicial proceedings (e.g., Federal Court) takes more time and effort.

(2)
If you Re-Applying consider addressing the IRCC main concern for rejection, by showing or providing more convincing proof that your family intends to move to Canada for real after gaing PR visa.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

A good but inconveniencing way to show ties to Canada; will suggest your husband moves to Canada, although not want you really want as it means separating family for some 6 - 12 months which is not what you want but this could clear their main concerns for the initial rejection.

With your husband in Canada he could then Re-Apply to sponsor his family in the Out-land Class which takes between 6 – 12 months to process to completion and does not need for him to meet any strict income levels requirements in Canada.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

(3)
A 3rd option, is to Re-Apply while you and your family do not move to Canada, if you have more and stronger proof(s) or evidence better than initially submitted to convince IRCC that your in-tend to move with your family to Canada. This option likely has very low chance of success.

 

[Heba.y.a.]

So writing a letter to cic will not help in your opinion..nothing good and promising could result from it.

 

[Wakki]

So writing a letter to cic will not help in your opinion..nothing good and promising could result from it.

1) My husband was at the Canadian embassy today asking to meet with the ambassador to help him solve all of this and what to do because as of July my husband needs to fly to Canada and get my daughter enrolled in school there.

That's good, supports your evidence that your family has plans to relocate to Canada.
While in Canada, your husband could work on getting all family together in Canada.

2) What happens to me and my youngest daughter being left behind?

If your youngest daughter is a Canadian citizen or PR, i suggest your husband should also enrolled her in school in Canada.
If your youngest daughter is not a Canadian citizen or PR, she may probably wait until sponsored.

3) He was told told that the ambassador can’t meet with him and that the “wife” should send a letter herself to cic Abu Dhabi.

If that's the advice from the embassy, you (i.e., wife) could still write the letter to CIC Abu Dhabi to explain your situation.
Given the 30 days is past and the Rejection Decision likely may not change, please consider the options earlier discussed like Re-applying.......better to contact CIC when your husband is in Canada in July.

 

[jddd]

I'm sorry you went through this.

I have a pal who was given a procedural fairness letter that the officer doubts the intention that they are moving to Canada upon getting PR. They moved pretty quickly, the citizen husband went back to Canada a week after receiving the letter, rented a condo and started job hunting. When they sent their response to the letter, they had a one year lease for the condo in addition to appointments with employment agencies that backed them up. They got PR 2 weeks after the sent their reply.

Hope this helps.

 

[Wakki]

When Procedural fairness letter is sent asking for additional documents to address IRCC concern, Decision Made is not final yet.
The applicant could quickly move to Canada within the 30 days and address the IRCC concern, upon review IRCC grants PR.

If Decision Made is final and rejected, leaves the applicant with 2 choices.....Appeal or Re-apply.....and given your situation Sponsor coming to Canada will help.

 

[jddd]

When Procedural fairness letter is sent asking for additional documents to address IRCC concern, Decision Made is not final yet.
The applicant could quickly move to Canada within the 30 days and address the IRCC concern, upon review IRCC grants PR.

If Decision Made is final and rejected, leaves the applicant with 2 choices.....Appeal or Re-apply.....and given your situation Sponsor coming to Canada will help.

I guess the main question for this OP is what they used to respond to the procedural fairness letter. The application cannot be rejected without being given a fairness letter first.

 

[Wakki]

I guess the main question for this OP is what they used to respond to the procedural fairness letter. The application cannot be rejected without being given a fairness letter first.

jddd: below is the EXTRACT FROM THE OP 1ST POST:

"My husband started working on my sponsorship application, we did it through the help of a lawyer based in Canada... it took a very long time to hear back from the immigration office in Abu Dhabi, and when we finally did they asked for proof of sponsor going back to reside in Canada with the applicant (me). We sent them proof of basement rental, job resignation from my husbands current job in ksa, job offer in Canada and a letter explaining our wishes to move to Canada together as a family. Months later the decision was made and the application had been rejected based on them not believing that my husband will be moving back to Canada with me."

Based on those comments, IRCC raised concern regarding the OP intention to reside in Canada.
The OP responded to IRCC concern, but seems IRCC was not convinced, hence OP received Application Rejected Letter.

If Decision Made - Application Rejected is final, OP has 2 options.....either Appeal or Re-apply.......and given their situation Sponsor moving to Canada in July will help.

 

[jddd]

jddd: below is the EXTRACT FROM THE OP 1ST POST:

"My husband started working on my sponsorship application, we did it through the help of a lawyer based in Canada... it took a very long time to hear back from the immigration office in Abu Dhabi, and when we finally did they asked for proof of sponsor going back to reside in Canada with the applicant (me). We sent them proof of basement rental, job resignation from my husbands current job in ksa, job offer in Canada and a letter explaining our wishes to move to Canada together as a family. Months later the decision was made and the application had been rejected based on them not believing that my husband will be moving back to Canada with me."

Based on those comments, IRCC raised concern regarding the OP intention to reside in Canada.
The OP responded to IRCC concern, but seems IRCC was not convinced, hence OP received Application Rejected Letter.

If Decision Made - Application Rejected is final, OP has 2 options.....either Appeal or Re-apply.......and given their situation Sponsor moving to Canada in July will help.

Yeah I read that, it seems I did not explain myself well though. With "what" I meant all aspects of it. Basement rental, was it notarized and with a contact number of verifiable real estate agent or landlord that IRCC can contact? Job resignation, was it just the resignation letter or was it the REPLY from the work place acknowledging receipt of the resignation, etc....