URGENT .....What if 117 (9) (d) after sponsorship application for spouse

[Ronii]

All,

Anyone knows how to resolve the issue of 117 (9) (d)????? Got married just before landed but didn't know that I should update my marital status right away. Only it was reported to CRA when I filed my tax return but when I applied for spouse sponsorship I got a response with an answer that I am ineligible. Now since I had chosen to proceed with application anyways, the application has been forwarded to concerning visa office.

I wonder if there is a way to resolve this issue. Can I request visa office to cancel that request and return the application without decision and will it be of any help??

Guys…Please help I would really appreciate it. Please advise ASAP..........Tnx

 

[PMM]

Hi

All,

Anyone knows how to resolve the issue of 117 (9) (d)????? Got married just before landed but didn't know that I should update my marital status right away. Only it was reported to CRA when I filed my tax return but when I applied for spouse sponsorship I got a response with an answer that I am ineligible. Now since I had chosen to proceed with application anyways, the application has been forwarded to concerning visa office.

I wonder if there is a way to resolve this issue. Can I request visa office to cancel that request and return the application without decision and will it be of any help??

Guys...Please help I would really appreciate it. Please advise ASAP..........Tnx

1. Not really, the application will be refused, and you most likely will be reported for misrepresentation, as you claimed to "single" when
you "landed"

PMM

 

[Ronii]

PMM

But no one asked about marital status at the time when I landed so how would one know that martial status needs to be updated. Now what is the point of forwarding application to visa officer if it's pre-determined that it will be refused.

Please advise...

 

[canuck_amuck]

Wait, are you saying that because you did not tell the border officer you are married, your application was refused?!

Am I the only one who thinks thats a little f-ed up?

 

[PMM]

Hi

Wait, are you saying that because you did not tell the border officer you are married, your application was refused?!

Am I the only one who thinks thats a little f-ed up?

1. The OP was processed as single, got a letter with the COPR that stated that if there were any changes in status, it must be reported to CHC, got married, landed, signed the COPR in front of the Immigration office that all the information in the COPR was correct. The COPR showed as single, OP was married, therefor misrepresentation.

PMM

 

[Ronii]

PMM

The only letter one would sign after landing is landing documents which has coded info. It doesn't show any clear instruction like "What's you marital status now" or anything which would make you think that you should be updating your martial status info.

Do you think it would be good idea to explain the whole situation in writting?? I do believe it was unintentional mistake and I do have a copy of fax i sent to CRA with marital status update.

Please advise...

 

[Leon]

Consult with an immigration lawyer. If your mistake causes you not to be able to sponsor your spouse and there is nothing you can do to correct it, she could still use other means to immigrate such as PNP.

 

[PMM]

Hi

Consult with an immigration lawyer. If your mistake causes you not to be able to sponsor your spouse and there is nothing you can do to correct it, she could still use other means to immigrate such as PNP.

But, should probably hold on, if the sponsor is reported for misrepresentation by CIC, there is a good chance that s/he will be removed from Canada, so they may end up together in their home country.

PMM

 

[Leon]

Interesting twist. If the first spouse is removed from Canada for misrepresentation, is he or she banned from Canada for a certain period? Or could the other spouse immigrate and sponsor the first one to get back in?

 

[PMM]

Hi

Interesting twist. If the first spouse is removed from Canada for misrepresentation, is he or she banned from Canada for a certain period? Or could the other spouse immigrate and sponsor the first one to get back in?

Deportation, barred for life, without the permission of the Minister to Return

PMM

 

[Alexx]

PMM,

What if sponsor hasn't been reported and sponsorship application has also been forwarded to respective visa office. The only question will be how to make sure sponsorship application should be successful???

Comments/million dollars advise for fix ????

 

[PMM]

Hi

PMM,

What if sponsor hasn't been reported and sponsorship application has also been forwarded to respective visa office. The only question will be how to make sure sponsorship application should be successful???

Comments/million dollars advise for fix ????

It isn't going to be successful, if the sponsor misrepresented his/her martial status when s/he obtained their landing. The sponsor could try an Appeal to the IAD, but very few, if any have been successful.

PMM

PMM

 

[Alexx]

PMM,

Just for my knowledge, if CIC recommendation is everything then what's the purpose of forwarding sponsorship application to local visa office ? Appeal to AID is a good point but lengthy process though ???.

Don't you think one should try and explain the whole situation to CIC again which may help. How these lawyers say they have dealt with such cases and were successful.

Anyways good luck to all who happened to be through such things unintentionally.

 

[PMM]

Hi

PMM,

Just for my knowledge, if CIC recommendation is everything then what's the purpose of forwarding sponsorship application to local visa office ? Appeal to AID is a good point but lengthy process though ???.

Don't you think one should try and explain the whole situation to CIC again which may help. How these lawyers say they have dealt with such cases and were successful.

Anyways good luck to all who happened to be through such things unintentionally.

1. Mississauga only evaluations the sponsorship whether you are eligible or not, the application is approved or refused by the visa office.
2. Appeal to the IAD, after refusal, probably at least a year or more.
3. CIC knows the situation, you misrepresented your martial status on "landing" after a refusal from the Visa office, then you will have appeal rights. If you can find a lawyer that guarantees success, then tell the lawyer that you will pay only if he or she wins and get it in a contract.

PMM

 

[RKT]

Hi PMM,

It isn't going to be successful, if the sponsor misrepresented his/her martial status when s/he obtained their landing. The sponsor could try an Appeal to the IAD, but very few, if any have been successful.

Per your comment above. It sound that misrepesentation case is 98% unsuccessful. So with this kind of case what's your advise with regards to there future and to their migration dream. If they try to migrate to other country does this will affect them also?

Best regards,