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Wife Application refused due to not fulfilling my previous undertaking

junno

Full Member
Jul 27, 2011
21
0
My wife Application got refused.
Reason: (bottom line i did not fulfil my previous undertaking (2006-2009)
"Your sponsor is not eligible pursuant to R133(1)(g)(i). As a result, it would be contrary to the regulations to issue you a permanent resident visa or to allow you to become a permanent resident. I am therefore refusing your application."
R133(1)(g)(i) is (g) subject to paragraph 137(c), is not in default of (i) any undertaking.

So here is the story:
I applied in Jan 2020 and got a letter in Dec 2020 saying that i was not eligible to sponsor due to PREVIOUS UNDERTAKING, and i had to pay back the money my X-wife took when we divorced (on previous undertaking). That amount was $3000.
So i paid in full and in Feb 2021 Ministery of Ontario sent me letter all debt was paid off and no debt was left and they send the Immigration Canada the same letter. I forward the letter to the London Visa Office and received a conformation that the letter was received.

Now in Jan 2022 i got an email saying that my wife application was refused because I DID NOT FULFIL my previous undertaking.

Question:
IS there an error in their system that they did not receive the letter from the Ministry Of Ontario?
Is this their practice?
Should i appeal or withdraw my application and reapply.
(i am thinking not to appeal and reapply since now my previous undertaking is taken care off.)
WHAT are my options.
 

Diana1993

Star Member
Mar 17, 2020
94
40
Hey! I might be mistaken but did you check if you have any federal debt with respect to your previous undertaking? That could be the issue. If there's all cleared then you can just reapply.
 

junno

Full Member
Jul 27, 2011
21
0
Hey! I might be mistaken but did you check if you have any federal debt with respect to your previous undertaking? That could be the issue. If there's all cleared then you can just reapply.
I didn't get any other letters regarding to the money I owe. Nor there is any outstanding payment at CRA. So I think I am clean. Anyway I can now if I have federal debt.
 

Alexis1971

Hero Member
Feb 16, 2020
737
510
My wife Application got refused.
Reason: (bottom line i did not fulfil my previous undertaking (2006-2009)
"Your sponsor is not eligible pursuant to R133(1)(g)(i). As a result, it would be contrary to the regulations to issue you a permanent resident visa or to allow you to become a permanent resident. I am therefore refusing your application."
R133(1)(g)(i) is (g) subject to paragraph 137(c), is not in default of (i) any undertaking.

So here is the story:
I applied in Jan 2020 and got a letter in Dec 2020 saying that i was not eligible to sponsor due to PREVIOUS UNDERTAKING, and i had to pay back the money my X-wife took when we divorced (on previous undertaking). That amount was $3000.
So i paid in full and in Feb 2021 Ministery of Ontario sent me letter all debt was paid off and no debt was left and they send the Immigration Canada the same letter. I forward the letter to the London Visa Office and received a conformation that the letter was received.

Now in Jan 2022 i got an email saying that my wife application was refused because I DID NOT FULFIL my previous undertaking.

Question:
IS there an error in their system that they did not receive the letter from the Ministry Of Ontario?
Is this their practice?
Should i appeal or withdraw my application and reapply.
(i am thinking not to appeal and reapply since now my previous undertaking is taken care off.)
WHAT are my options.
Is there a waiting period once the debt is paid off? I would reapply instead of appealing. We've been in the appeal process since 2020. Its very long, due to covid.
 

junno

Full Member
Jul 27, 2011
21
0
Is there a waiting period once the debt is paid off? I would reapply instead of appealing. We've been in the appeal process since 2020. Its very long, due to covid.
You had the same problem? After paying off the debt they still refused.
 

frange

Hero Member
May 25, 2018
900
247
Unfortunately, you were not eligible when you submitted your application because of your previous undertaking's debt.

You have to be eligible to sponsor at the time you submit your application, not after. Based on that, you were refused since the payment is not retro-active.

This means, now you become eligible after paying your debt (previous undertaking). Everything you do based on this application, will be a waste of time since you were not eligible to sponsor at the time you sent your application. Such a question of «Rules».

The best thing to do is « stop the appeal, cancel or withdraw the application and re-apply right after» since you become eligible to sponsor after paying in full your previous undertaking, not before.

Good luck.
 
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Reactions: Alexis1971

junno

Full Member
Jul 27, 2011
21
0
Unfortunately, you were not eligible when you submitted your application because of your previous undertaking's debt.

You have to be eligible to sponsor at the time you submit your application, not after. Based on that, you were refused since the payment is not retro-active.

This means, now you become eligible after paying your debt (previous undertaking). Everything you do based on this application, will be a waste of time since you were not eligible to sponsor at the time you sent your application. Such a question of «Rules».

The best thing to do is « stop the appeal, cancel or withdraw the application and re-apply right after» since you become eligible to sponsor after paying in full your previous undertaking, not before.

Good luck.
i was thinking in the same direction as you suggested.
 

scylla

VIP Member
Jun 8, 2010
95,878
22,132
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

scylla

VIP Member
Jun 8, 2010
95,878
22,132
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010