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alexji Posts: 2
Posted On: 10/9/2014
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after 90 of waiting for sponsorship approval.
this is what i got from CIC today.
i need advice please:
This refers to the Application to Sponsor a Member of the Family Class you submitted to this office on behalf of xxxxxxxxxxx xxxx xxxxx and family (if applicable).
We have reviewed your application and regret to advise that you are not an eligible sponsor for the following reason(s):
• You have not submitted an application for a member of the family class. You did not declare the applicant to Citizenship and Immigration Canada on your own Application for Permanent Residence or at the time you became permanent resident of Canada. As such, you do not meet regulation 117(9)(d). Please refer to the Immigration and Refugee Protection Regulations listed below for details.
• Given this ineligibility issue, we have not reviewed any other sponsorship criteria at this time. In the event the visa officer considers processing the application for permanent residence, he/she will notify this office and a full review of all sponsorship eligibility requirements will be done. You may be contacted for additional information should that occur.
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You indicated on your sponsorship application that you wish to continue with its processing regardless of any ineligibility. As such, the Application for Permanent Residence for your relative(s) has been forwarded to a visa office abroad for consideration.
Your ineligibility to sponsor will be a significant factor in the assessment of the Application for Permanent Residence for your relative(s). A final decision regarding that application shall be made by a visa officer and will be communicated to you and your relative. Instructions regarding the Right to Appeal will be issued as applicable by the visa office. Please note that the Right to Appeal may only be exercised after the visa officer has rendered a final decision.
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i became a permanent resident in may 2013
i got married in February 2013
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MelM Posts: 226
Posted On: 10/10/2014
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Unfortunately you can never sponsor your spouse for PR because you got married before you became a PR and then didn't add your spouse to your PR application. The sponsorship application is going to be refused by CIC. If your spouse wants to immigrate to Canada then she will have to qualify to immigrate on her own through an immigration program such as skilled worker or provincial nominee. You can never sponsor her.
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alexji Posts: 2
Posted On: 10/14/2014
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can i appeal this decision
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shamsham18 Posts: 1
Posted On: 11/4/2014
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I am having the same problem. i did not declare my husband as well. Will they revoke my PR status?
r.allen
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MelM Posts: 226
Posted On: 11/5/2014
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I think it's impossible for any of us to say if CIC will revoke your PR status or not. Whether CIC pursues this is their decision. Based on the very few cases I've seen, it appears that CIC typically does not revoke PR status. However you are left with the problem that you can never sponsor your spouse for PR.
As for the appeal question, appealing is only worthwhile if CIC was wrong in their finding - and you married your spouse AFTER you landed and became a PR of Canada. If you did in fact marrry your spouse before landing, then you were correctly refused by CIC and an appeal won't succeed. In that case your spouse should focus on immigrating to Canada independently (e.g. as a skilled worker).
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jvasik Posts: 1
Posted On: 11/5/2014
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Doesn't he have a case because he submitted the application before he got married? At the time of application for PR, he may have not known that he was going to get married in Feb. 2013?
Thanks,
J
Unfortunately you can never sponsor your spouse for PR because you got married before you became a PR and then didn't add your spouse to your PR application. The sponsorship application is going to be refused by CIC. If your spouse wants to immigrate to Canada then she will have to qualify to immigrate on her own through an immigration program such as skilled worker or provincial nominee. You can never sponsor her.
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MelM Posts: 226
Posted On: 11/5/2014
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No - he has absolutely no case. It doesn't matter what his status was when he submitted the application - this is irrelevant. The only thing that matters is what his status was when he landed in Canada and became a permanent resident. When a person recieves their permanent resident visa/CORP, the accompanying letter very clearly spells out the fact that you need to report any changes in family composition (this includes marriage, birth) to the visa office prior to landing.
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lolo Posts: 1
Posted On: 5/7/2016
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MelM wrote:
I think it's impossible for any of us to say if CIC will revoke your PR status or not. Whether CIC pursues this is their decision. Based on the very few cases I've seen, it appears that CIC typically does not revoke PR status. However you are left with the problem that you can never sponsor your spouse for PR.
As for the appeal question, appealing is only worthwhile if CIC was wrong in their finding - and you married your spouse AFTER you landed and became a PR of Canada. If you did in fact marrry your spouse before landing, then you were correctly refused by CIC and an appeal won't succeed. In that case your spouse should focus on immigrating to Canada independently (e.g. as a skilled worker).
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"Owing to the fact that I can never be able sponsor my spouse because I did not declare her when I was landing , so if my spouse want to focus on immigrating to Canada independently, does she needs to declare me in her application that she's married to me? Or she has to come on her own as a single person because I did not declare her?"
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