Hello good people, please I need help. Just got a mail from AVO and I need help on what to do.
This refers to your application for permanent residence in Canada as a member of the Family Class.
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.
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.
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.
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 WAEC certificate which you have provided in support of your application is fraudulent.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a permanent residence in Canada as a member of the Family Class 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 five 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):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five 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.
I would like to provide you with the opportunity to respond to this information. You will have 30 days from the date of this letter to submit additional information in this regard. Please respond using the address at the top of this letter and clearly indicate your file number for all correspondence.
If you do not respond to this request within 30 days, your application will be assessed based on the information currently on file and may result in the refusal of your application.
Please note that submission in person will not be accepted.
We look forward to receiving your additional information.
Regards,