computergeek said:
It's not far off from what you need to tell the VO - I didn't say anything that isn't true and I've been surprised how slapping someone when they're being stupid often gets them pissed and THEN gets them to think.
Visa officers make mistakes and misapply the law. It happens. It happened to me. There's no reason you should tolerate it. In fact, what you might consider is sending your response to the program manager, since this is a blatant misapplication of the law.
Below is what we received (as we didn't post the whole thing before).
Item 1 (police report request) is quite upseting to us because CIC indicates that they will request the police report directly to the foreign authorities and now they are requesting us to obtain it (as opposed to the situation for applicants that have lived or lives in the US, for example, where CIC requests from the applicant to ask for a report from the FBI and to send it along with the application). This a complete and utter waste of time as we could have that done months ago - we are working on it, though. Items 2 and 3 are covered; and then we have infamous Item 4.
It is quite intersting as the agent's request for RPRF seems to contradict his statement referencing 130(1)(b), or is that normal procedure? I mean, you go get in line to enter into a club, bouncer believes you are underaged and says he may not let you in but asks for you to pay for the cover anyway before he actually checks your ID!
Dear [Applicant]:
This is in reference to your application for permanent residence in Canada. In order for us to continue the processing of your application, we require the following documents:
Ø Police Certificate: From each country/state where the residence period has been six months or longer since the age of 18, provide an original police clearance certificate. You have provided us with a FBI report. However, please provide us with a Police Certificate from the relevant [Country] authorities. This must be received at this office by: 2013/04/11
Ø RPRF, Family Class: Have your sponsor pay the Right of Permanent Residence fee in Canada This must be received at this office by: 2013/04/11
Ø Please provide proof of ongoing relationship to your sponsor, [Sponsor]: such documents are, but not limited to:
o Evidence of joint purchases, especially for household items;
o Correspondence addressed to either or both parties at the same address, ie. utility bills, credit card statements
Ø Paragraph 130(1)(b) states that, subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class must be a Canadian citizen or permanent resident who resides in Canada.
Based on the information you have provided, I am not satisfied that your sponsor resides in Canada from the day on which the application was filed up to now. Accordingly you may not meet the requirements of paragraph 130(1)(b) and section 120 of the Regulations.
Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the 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 this Act.
The onus is on you to satisfy me that an immigrant visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to this concern within sixty (60) days. I must also advise you that failure to disabuse me of my concern could lead to the refusal of the application. Please quote your complete application number on your correspondence and address your correspondence to CPP-Ottawa at the address indicated below.
I hope to hear from you within sixty (60) days.
