I am now completing the assessment of your application for a permanent resident visa. It appears that you may not meet the requirements of the Immigration and Refugee Protection Act.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Section 117(1) of the Immigration and Refugee Protection Regulations, 2002 defines who is a member of the family class. A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is
(a) the sponsor’s spouse, common-law partner or conjugal partner;
Subsection 4(1) of the regulations, states that, for the purpose of these regulations, no foreign national shall be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership was entered into primarily for the purpose of acquiring any status or privilege under the Act; or is not genuine.
Subsection 16(1) of the Immigration and Refugee Protection Act states that 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 reasonably requires.
Section 117(9) of the Immigration and Refugee Protection Regulations, stipulates:
A foreign national shall not 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 the foreign national was, at the time of their marriage, the spouse of another person.
Based on the evidence that you provided I am not satisfied that your marriage is genuine and that the primary reason for the marriage is other than for the purpose of you gaining admission to Canada. As a result, for the purpose of the regulations, you may not be considered to be a member of the family class.
Furthermore, based on the evidence that you provided I am not satisfied that you and your sponsor were free to enter into marriage as you have only submitted a Certificate of Dissolution of Customary Marriage between ..........and ........., dated 22 January, 2015, but no evidence that the marriage was dissolved in fact prior to your marriage to your sponsor.
In order to come to a final determination in your case we will provide you 30 days from the date of this letter to address the above concern and provide additional information to support the genuineness of your marriage.
We also require:
· Proof of your legal status in the United States.
· Evidence of communication.
You have 30 days from the date of this letter to submit additional information so that we may continue processing your application. Please note this will be the ONLY opportunity we will provide for you to submit additional evidence. Your application will be assessed in 30 days and the final decision will be based on the evidence on file at that time.
We look forward to receiving your additional information.
