URGENT PLEASE: Rejection of Family Sponsorship Application

[ASWJ]

My Dear Friends,

My application to sponsor my family has been rejected and the reason provided is that I failed to inform the visa office that I was married or I was about to get married during my immigration application processing or at the time of landing.

Actually this is contrary to the truth. I got my medical papers in May 2007 and I got married in July 2007. At the time of submitting my medical papers and the landing fee I did inform the visa office through a letter that I was going to get married. Also, at the time of landing (which was December 2007) I am 100% sure I told the guy that I was married. In fact, I had a very bad experience at the time of landing. Due to some strange reasons, the guy who took my papers was very rude to me and did not talk properly. I was very upset with his behaviour as this was my first experience in my adopted country. But nevertheless, I forgot about it very soon as rest of the people I came across after landing were very nice and helpful. But I guess, that bad experience at the time of landing has come to haunt me again and that incident flashed back in my mind as it it happened yesterday after reading CPC rejection letter of my family sponsorship.

I NEED QUICK ADVISE FROM ALL MY FRIENDS AND WELL WISHERS as to what shall I do now resolve this issue. I will below quote the actual content of the CPC letter:
"According to our records you did not declare your dependent at the time you submitted your application for permanent residence nor was she declared at the port of entry when you were granted permanent resident status in Canada. Consequently she does not appear to be a member of the family class". unquote.

As per the letter they will be sending their recommendation to the visa office soon, (letter is dated 12th Oct, visa office is New Delhi).

Please advice urgently. Thanks....!!

 

[chandu007]

Sorry to hear the news. Do you have any proof of sending the letter to the visa office? If you do, that can support your appeal. It will be better to consult an immigration lawyer to avoid further complicity.

 

[ASWJ]

Dear Chandu,
Yes I do have a proof. The covering letter I send in June 2007 together with the landing fee an medical papers. But I do not know whether they still have my permanent residence application file or not. Anyway, I will call, call center on Monday. Also, do I need to contact Call Center or New Delhi visa office. Any other suggestions...?

 

[KimJuliBC]

Dear Chandu,
Yes I do have a proof. The covering letter I send in June 2007 together with the landing fee an medical papers. But I do not know whether they still have my permanent residence application file or not. Anyway, I will call, call center on Monday. Also, do I need to contact Call Center or New Delhi visa office. Any other suggestions...?

I think you need a good lawyer.
PROOF, means: do you have registred evidence that that letter was sent and received?
I have never had that experience of landing but I believe you fill the forms on your own and that is where you enter your marital status. I hope I am wrong.

 

[rajeev9891]

ASWj is it inland or out land?
if it's out land may be you try to write email to concern embassy for high commissioner and attach that email and cover latter too

and tell them that you nothing hied and u already inform them may be you will hear back by them and if there is still problem then u can appeal

 

[ASWJ]

Rajeev and Kim and all,

Thanks for your input and advice. Actually I am in Canada but the application processing visa office is New Delhi. I will surely write to them, but can they track it. I mean I sent that letter in June 2007 to London, UK CIC office. Do they keep archives. That is very important for me. Do I need to contact Delhi office or SPC Missiauga office or both....??

Please advice.!!

 

[KimJuliBC]

Rajeev and Kim and all,

Thanks for your input and advice. Actually I am in Canada but the application processing visa office is New Delhi. I will surely write to them, but can they track it. I mean I sent that letter in June 2007 to London, UK CIC office. Do they keep archives. That is very important for me. Do I need to contact Delhi office or SPC Missiauga office or both....??

Please advice.!!

ASWJ

1) Clearly, you had not sent your letter using security delivery agent like FDeX. So, you do not have a proof of that letter. No guarantee that your letter would bounce out from archives. You can try.
2) You did not make comment on your landing. In landing, you enter information and you sign that it was correct. One of the information is your marital status and change of circumstances. The Imm officer, at that day, was rude or different etc etc is not the answer and will not help you. If you had declared you were single, then you are in trouble, regardless of the manner of the Imm officers.
3) You need legal guide and consultation, That is what I would do myself.

 

[ASWJ]

Dear Kim,

Thanks for your input. I think the letter will be with them as it was a covering letter for pack I sent including landing fee and medicals, which they of course received. Also, I did sent it with DHL.

Secondly, I never told anybody that I was single. And anyway, we are not able to fill our forms ourselves and somebody else fills them for us. Also, if the people who have landed would remember and probably agree with me that it is a very nervous moment, and on top of that if you get to face someone who had a bad day, then you are in trouble.

Anyway, I agree with you, I do probably need to take legal advice. I will also send a scanned copy of the letter and other details to the visa office in Delhi. Any other advices are welcome. Also, if anybody else had a similar experience...??

Hey, anybody knows why the 'call center' no. is not working. It is saying 'cant be reached at this moment' since almost one week now.

Thanks..!!

 

[ASWJ]

Need more advices, dear friends with similar experiences, please advice....!!!

 

[PMM]

Hi

Need more advices, dear friends with similar experiences, please advice....!!!

1. Look at your COPR (IMM 5262) which you signed when you "landed" I bet it still says single. Your spouse was not "examined" whether you sent a letter or not. So he is not a member of the family class and can't be sponsored as you found out by the refusal. I think that you will need legal advice, but at the appeal there will be no evidence of your spouse be "examined" and your entry will show that you declared as single. I'm afraid that you are going to lose your appeal. Your only hope is another application under Sec 25 of the Act, Humanitarian and Compassionate. But that is a real long shot.

 

[pegasusyt]

I have no idea what to do in this case but I just wanted to wish you the best of luck. *hugs*