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Kader Posts: 2
Posted On: 2/16/2023
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Hello
I am writing to seek advice for my immigration matter. I am an Algerian citizen who came to Switzerland illegally in December 2013 and stayed there illegally after cancelling my refugee claim. In March 2017, I met my Canadian wife in Germany during my visit to my brother. After my decision to return to Algeria in January 2020, my wife and I celebrated our Wedding in Algeria in February of the same year.
I applied for Outland sponsor sponsorship in March 2021 without an official marriage certificate due to the COVID-19 barrier. I had an interview with the Canadian embassy in Algeria on June 15, 2021, where the immigration officer mentioned that they believed in our relationship, but had concerns due to my immigration history in Europe. On June 20, 2021, my application was rejected for two reasons: the marriage not being official in both countries and doubts about the genuineness of our relationship.
I then hired a lawyer and applied again online on December 9, 2021, with the official marriage certificate that we received on September 9, 2021. My application was received by IRCC on June 10, 2022, and since then, I have completed my biometrics, medical exam, and background verification. I also had a new born baby in Canada on June 3, 2022.
However, I have not received any updates on my application status and my eligibility has not started yet, as of today, February 15, 2023. I have contacted my lawyer, but have not received any response. I have also reached out to a Canadian MP, and while IRCC received my enquiry on November 18, 2022, I still have not received any response.
I am writing to you to seek your advice on how to proceed with my immigration matter. I would appreciate any guidance or recommendations that you could provide to me. Thank you for taking the time to read my message.
details:
- first outland sponsor sponsorship Application (paper) March 2021
- I sumbited additional documents regarding my status in swizerland June 2021
- I did interview in the Canadian embasy June 15,2021
- rejection letter June 20, 2021
- I applied for the second time online throuh a lawyer December 9,2021
- New born baby in Canada on June 03,2022
- IRCC recieved my application on June 10,2022
- Biometrics has been completed on Semptember 2022
- Contacted Canadian MP Semptember 2022
- IRCC recieved my enquiry November 18 and 23 2022
- Medical exam has been completed on October 14, 2022
- Background verivication has been completed on December 10,2022
- Eligibility not started yet Februry 15, 2023
- I didnt get any answers for my Emails and Whatsupp message from my lawyer since Februry 01,2023
thank you
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Moderator Moderator Posts: 4142
Posted On: 3/31/2023
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Hi there,
Thank you for sharing your question and situation here, we appreciate your interest in this information and want to share a response to your question crafted by PBSC UofT law student volunteers in this thread:
After checking IRCC’s processing time calculator it appears that outland sponsorship applications are taking an estimated 16 months to process. April 9th, 2023 is approximately 16 months from December 9th, 2021, so there is still more time to receive an update. That said, even if the 16 months pass, it is important to note that 80% of applications are processed within this time, while some cases take longer. Given your European travel history, it is likely that your application will take longer to be processed.
After receiving an acknowledgement of receipt from IRCC, which you did on June 10th, 2022, IRCC will first assess the sponsor’s eligibility, and then your own. Each step takes several months. Not hearing back yet should thus not discourage you.
It could also be the case that there are updates, but your lawyer is receiving them instead of you: your acknowledgment of receipt letter has an application number on it which is used to track progress or to provide updates through here. If your lawyer is registered as your representative, it may be that they linked your application to their portal account, which is common practice. Doing this makes the representative [your lawyer] receive your updates. Should this be your scenario, and you wish to receive updates directly, you can open your own account. Your file will then be removed from the lawyer’s portal. You can do this without contacting your lawyer. This being said, it is most likely that your lawyer is not receiving any updates as there has been no progress on your application.
The way to remove a representative is to
Complete a use of a representative form; and
Send it to IRCC electronically through this Web form
Another option is to call IRCC to check on the status of your application via 1-888-242-2100. You will need to have the application number readily available (which, again, is on the acknowledgement of receipt letter).
Generally speaking, you cannot submit a follow-up to IRCC until the processing delays have elapsed. Therefore, you must wait until after mid-April 2023 before taking action. If IRCC does not respond to follow-ups after the processing delays have elapsed, you can file an application for leave and judicial review at the Federal Court of Canada and request a writ of Mandamus which will require IRCC to make a decision on your application within a certain period of time.
With respect to reaching out to an MP, you, or your Canadian spouse, need to make an appointment with the constituency office for the MP in the area in which you or they live (it may be limited to email communication depending on the riding). As it seems that you are not currently in Canada, then this avenue is of no assistance unless your wife speaks on your behalf. If your wife is able to make this request on your behalf, then an MP can provide an update on your case directly to her. Typically, the IRCC office gets back to MPs within a week or a few weeks depending on the type of application, with an updated status. If the MP you reached out to is not from the area you or your spouse lives in, that may be a reason for why you have not received a response. It may also be the case that you have not received a response because the application has not passed the standard processing time (16 months). Contacting an MP should be reserved for those instances when the application has been pending for longer than the posted processing time.
We hope that the information we provided was helpful to you. Please let us know if you have any further questions.
Sincerely,
Your Settlement.Org team
Disclaimer:
This document does not contain legal advice. This document was prepared with the assistance of PBSC University of Western Ontario law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
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