CHC, Islamabad Spouse Sponsorship Timeline 2009 -2010

[missingmyjaan]

dmp sends it to new delhi and they update on e-case

call ur dmp and ask for tcs tracking number

can we contact the new delhi office to ask if they've received our medical?

[Cool_Heaqded]

can we contact the new delhi office to ask if they've received our medical?

As advised by Khilafah, tracking number from ur DMP will tell you, if they did or did not receive the package..

[Doost]

I was sponsored by my wife and we filed our case in Dec 2010. Today I got refusal letter from CHC-ISB that our case is refused. We both live in Pakistan and I had submitted concrete evidence that I would be selling my business and move to Canada once my case is approved. Along with that I had submitted my company documents, banks statements, evaluations of the land i own, support letter from my sister who lives in Canada, supporting letters from my family my in-laws in favor of our plans of relocating to Canada. My wife has never worked and now that we have a baby it's not possible for her to leave me behind and go to Canada and live/work there and file for me from Canada.

The funny thing is, last week I received re-medical forms from CHC-ISB but they had pasted my wife's photograph on the form by mistake. I returned them the medical form and asked for a revised one but I was shocked to open this letter today with a refusal.


- How do I file the notice of appeal? I asked a lawyers online and he replied I need to sign and scan it and send it to him but I did not receive any form to fill.

-Do i really need to hire a lawyer at this stage or do/should I hire at a later stage? (they are really expensive - do I have options???)

- Someone told me it could take 18 months for the hearing. Is that true??

- How soon will the hearing take place? Since we both are not in Canada how will it work out? Over phone ?


Below is what was on the refusal letter. I was not able to understand what I have highlighted in bold since its law terminology difficult to interpret. I would appreciate if some expert sheds some light on the below as well as the queries. Thanks


" I have completed the assessment of your application. After careful and thorough consideration of all aspects of your application and the supporting information and documents provided, I have determined that you do not meet the requirements for a permanent resident visa.

Subsection 12(1) of the Immigration and Refugee Protection Act (IRPA) states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Section 120 of the Immigration and Refugee Protection Regulations (IRPR) states that for the purposes of Part 5 of the Regulations,
(a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect, and
(b)-a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.
Subsection 133(1)(a) of the Regulations states (in part) that a sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor is a sponsor as described in section 130.
Subsection 130(2) states that, a sponsor who is a Canadian Citizen and does not reside in Canada may sponsor an application referred to in the subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

Your sponsor, who is a Canadian citizen, currently does not reside in Canada and I am not satisfied, based on the information provided on your application and your response that she will reside in Canada should you be granted permanent residency. Your sponsor does not, therefore, meet the requirements of subsection 130(2) of the Regulations and as a result, you do not meet the requirements of section 120 of the IRPR.
Section 41(a) of the IRPA states that a person is inadmissible for failing to comply with this Act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and
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. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to "this Act" include regulations made under it. For the reasons set out above, I am not satisfied that you meet the requirements of the Act. I am therefore refusing your application.

[MrsAmir]

it looks to me that the stuf in bold is just showing the polices/regulations they have to go by therefore givingyou the reason why they could not approve your case. I think your best option is to contact a lawyer from canada. they would be able to tell you if it is worth appealing because my lawyer told me before i applied that if i didnt have a job letter and show that i have enough reason to live in canada then they would refuse the case. I know its hard when there is children envolved ( my husband still have not met our 8 month old son) but in my opinion from reading what they said the only option you have to be able to come to canada is for your wife to move back to canada find daycare for your child or children and start a job then  try to appeal. but I would contact a imigration lawyer if you need a number for a good one i can give you my lawyers number so just inbox me. I hope this get resolved soon for you

[Khilafah5]

hes wife is living in pakistan and not residing in canada thats the reason

u have to live in canada in order to get ur spouse to be sponsred most likely she has been living for a long time and CHC found out

" I have completed the assessment of your application. After careful and thorough consideration of all aspects of your application and the supporting information and documents provided, I have determined that you do not meet the requirements for a permanent resident visa.

it looks to me that the stuf in bold is just showing the polices/regulations they have to go by therefore givingyou the reason why they could not approve your case. I think your best option is to contact a lawyer from canada. they would be able to tell you if it is worth appealing because my lawyer told me before i applied that if i didnt have a job letter and show that i have enough reason to live in canada then they would refuse the case. I know its hard when there is children envolved ( my husband still have not met our 8 month old son) but in my opinion from reading what they said the only option you have to be able to come to canada is for your wife to move back to canada find daycare for your child or children and start a job then  try to appeal. but I would contact a imigration lawyer if you need a number for a good one i can give you my lawyers number so just inbox me. I hope this get resolved soon for you

[Jaania]

Dear Doost,

The reason for their refusal is clearly stated in the refusal letter. In order for Canada to issue you permanant residence into Canada (VISA)
Your wife should have returned to Canada atleast 2-3 times during your sponsorship.
I know that you have sent them enough proof that you will return to Canada with your wife but in the sponsorship application that we complete when sponsoring there is a clause that states " sponsor must reside in Canada in order for the sponsored to get permanant residence "
I know some sponsors stay with their spouses but many times this is overlooked in error and it is not caught by the decision making officer or on other cases the sponsors only stay in Pakistan for a short time and then return to Canada.

I dont think you should hire a lawyer from Canada as yet.

Your wife has to return to Canada and make an appeal from here as soon as possible.
Also, make sure that CHC ISB is aware of your child, send them the childs pictures and birth certificate copy along with the passport copy if you have not already done so.

I am really sorry to hear about your case, it must be very stressful for you and your family.

[Khilafah5]

it looks to me that the stuf in bold is just showing the polices/regulations they have to go by therefore givingyou the reason why they could not approve your case. I think your best option is to contact a lawyer from canada. they would be able to tell you if it is worth appealing because my lawyer told me before i applied that if i didnt have a job letter and show that i have enough reason to live in canada then they would refuse the case. I know its hard when there is children envolved ( my husband still have not met our 8 month old son) but in my opinion from reading what they said the only option you have to be able to come to canada is for your wife to move back to canada find daycare for your child or children and start a job then  try to appeal. but I would contact a imigration lawyer if you need a number for a good one i can give you my lawyers number so just inbox me. I hope this get resolved soon for you

hes wife is supposed be in canada and not pakistan

Your sponsor, who is a Canadian citizen, currently does not reside in Canada and I am not satisfied, based on the information provided on your application and your response that she will reside in Canada should you be granted permanent residency. Your sponsor does not, therefore, meet the requirements of subsection 130(2) of the Regulations and as a result, you do not meet the requirements of section 120 of the IRPR.
Section 41(a) of the IRPA states that a person is inadmissible for failing to comply with this Act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and

[Khilafah5]

there is the reason

ur wife has to come to canada and appeal the ruling

she cant leave canada until u get ur PR card

Your sponsor, who is a Canadian citizen, currently does not reside in Canada and I am not satisfied, based on the information provided on your application and your response that she will reside in Canada should you be granted permanent residency. Your sponsor does not, therefore, meet the requirements of subsection 130(2) of the Regulations and as a result, you do not meet the requirements of section 120 of the IRPR.
Section 41(a) of the IRPA states that a person is inadmissible for failing to comply with this Act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and

I was sponsored by my wife and we filed our case in Dec 2010. Today I got refusal letter from CHC-ISB that our case is refused. We both live in Pakistan and I had submitted concrete evidence that I would be selling my business and move to Canada once my case is approved. Along with that I had submitted my company documents, banks statements, evaluations of the land i own, support letter from my sister who lives in Canada, supporting letters from my family my in-laws in favor of our plans of relocating to Canada. My wife has never worked and now that we have a baby it's not possible for her to leave me behind and go to Canada and live/work there and file for me from Canada.

The funny thing is, last week I received re-medical forms from CHC-ISB but they had pasted my wife's photograph on the form by mistake. I returned them the medical form and asked for a revised one but I was shocked to open this letter today with a refusal.


- How do I file the notice of appeal? I asked a lawyers online and he replied I need to sign and scan it and send it to him but I did not receive any form to fill.

-Do i really need to hire a lawyer at this stage or do/should I hire at a later stage? (they are really expensive - do I have options???)

- Someone told me it could take 18 months for the hearing. Is that true??

- How soon will the hearing take place? Since we both are not in Canada how will it work out? Over phone ?


Below is what was on the refusal letter. I was not able to understand what I have highlighted in bold since its law terminology difficult to interpret. I would appreciate if some expert sheds some light on the below as well as the queries. Thanks


" I have completed the assessment of your application. After careful and thorough consideration of all aspects of your application and the supporting information and documents provided, I have determined that you do not meet the requirements for a permanent resident visa.

Subsection 12(1) of the Immigration and Refugee Protection Act (IRPA) states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Section 120 of the Immigration and Refugee Protection Regulations (IRPR) states that for the purposes of Part 5 of the Regulations,
(a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect, and
(b)-a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.
Subsection 133(1)(a) of the Regulations states (in part) that a sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor is a sponsor as described in section 130.
Subsection 130(2) states that, a sponsor who is a Canadian Citizen and does not reside in Canada may sponsor an application referred to in the subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

Your sponsor, who is a Canadian citizen, currently does not reside in Canada and I am not satisfied, based on the information provided on your application and your response that she will reside in Canada should you be granted permanent residency. Your sponsor does not, therefore, meet the requirements of subsection 130(2) of the Regulations and as a result, you do not meet the requirements of section 120 of the IRPR.
Section 41(a) of the IRPA states that a person is inadmissible for failing to comply with this Act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and
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. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to "this Act" include regulations made under it. For the reasons set out above, I am not satisfied that you meet the requirements of the Act. I am therefore refusing your application.

[MrsAmir]

hes wife is supposed be in canada and not pakistan

Your sponsor, who is a Canadian citizen, currently does not reside in Canada and I am not satisfied, based on the information provided on your application and your response that she will reside in Canada should you be granted permanent residency. Your sponsor does not, therefore, meet the requirements of subsection 130(2) of the Regulations and as a result, you do not meet the requirements of section 120 of the IRPR.
Section 41(a) of the IRPA states that a person is inadmissible for failing to comply with this Act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and

Thats what i said  i was just giving suggestion because he explaned that because she has kids she cant come and work. If child is to young for school then daycare is option or a family memberf but she has to have job and show she can work because the sponser is financially resposible for their spouse for 3 years so if they dont show she cant do this then they will not accept the apeal either

[Khilafah5]

sis thats not good excuse

doesnt matter u have a job or not

YOU MUST LIVE IN CANADA THE PASSPORT IS MORE IMPORTANT THEN JOB

UR TAX DOLLARS ARE WAISTED ON PEOPLE WHO LIVE ABOARD WITH CANADIAN CITIZENSHIP

Thats what i said  i was just giving suggestion because he explaned that because she has kids she cant come and work. If child is to young for school then daycare is option or a family memberf but she has to have job and show she can work because the sponser is financially resposible for their spouse for 3 years so if they dont show she cant do this then they will not accept the apeal either

[MrsAmir]

sis thats not good excuse

doesnt matter u have a job or not

YOU MUST LIVE IN CANADA THE PASSPORT IS MORE IMPORTANT THEN JOB

UR TAX DOLLARS ARE WAISTED ON PEOPLE WHO LIVE ABOARD WITH CANADIAN CITIZENSHIP

ur right but if she doesnt have job how will she live here? and when her husband comes it will take time for him to find a job how will they support their family she cant accept social assitance

[Cool_Heaqded]

I have read the refusal letter and the comments that folks made..

It is a sad situation,   however it can be repaired:  

1. Your wife must go back to Canada ASAP.
2. She has to find work.. kid is likely to be taken care of by your sister or her relatives as you both have connections. Kid is not a problem.
3. Talk to lawyer, and see if appealing is better or re-applying is better. Now a days cases are moving faster.. Let lawyer weight the options..
4. I heard appeals taking too long now a days before any hearing happens..

At the moment do not panic, get back to normal state and do the needful.

Small mistakes, sometimes cause big damage.. Go in a damage control mode immediately.. do not delay..

Allah will help you.  

[lonly widout hubby]

my husbands friend also received some forms from CHC to fill out n send back wit more proof....
n he got a call two days ago from CHC that they are sending him another two letters n that they are doin background checks on him, since he doesnt have much travel history/gov'nt work n etc..... n they want more information on him....

Is this suppose to be a good sign that they will issue remed wit ppr to him? n they also told him that this is the last chance they are giving him to fill out forms properly? can they say stuff like that or is it just a test from CHC?

congratzzzzz

inshallah it will be ppr + remeds

[kashsid]

Thanks khushi humesha 100

congratz saisn and kashid for the good news! May we all see this day asap!

[Khilafah5]

ur right but if she doesnt have job how will she live here? and when her husband comes it will take time for him to find a job how will they support their family she cant accept social assitance

I DOUGHT SHE LIVES ALONE HERE

MUST HAVE SOME FAMILY HERE AND JUST NEEDS TO PROVIDE BANK DETAILS SHE MUST GET CHILD BENIFITS, GST,HST PICTURES AND TRIPS

THEY JUST WANT SOME SORT OF PROOF THAT SHE LIVES HERE