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Author Topic: IMPORTANT - Issues with Nikah ONLY sponsorships from Pakistan  (Read 493 times)
s_design
Hero Member
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Posts: 377
Ratings: +15
Category........: FAM
Visa Office......: Islamabad
File Transfer...: 04-10-2010
Med's Request: 16-11-2011

« on: February 11, 2012, 02:54:45 am »

Hi guys,

I am starting this thread because even though I found different bits of information about this subject in different posts, I think we need to have a place where people with similar experience can post replies and a place that can help people who are about to start the sponsorship process avoid the pitfalls and hardships Immigration Canada is making many of us go through.

I am in Montreal and I started my wife's sponsorship process in September 2010, she is in Lahore Pakistan. We have only done Nikah, which means that the relationship was not consummated and becuase of that in November 2011 we received a letter from immigration Islamabad office saying that as our relationship has not been consummated, and that it will only be consummated after she gets her permanent residence visa, because of this they think our marriage is not genuine. They gave us 45 days to respond with further proof of our ongoing relationship.

I consulted an immigration lawyer in Montreal who suggested that instead of going to Pakistan and doing another ceremony (Rukhsati) and consummating the relationship I should explain to immigration why we decided to not do that in the first place. So I explained that my family and I do not live in Pakistan and we have not lived in Pakistan for last 15 years so I could not bring my wife home with me and live with her as I do not have a home in Pakistan and we explained the significance of Nikah in Islam. Also gave them proof of our ongoing communications, cell phone records (her and mine), all of our emails with some along with translation, Skype records... (this is a very brief description of what the complete set of documents I ended up with, with total of 700 to 800 pages).

It literally took me weeks to get all the documents together, and I am sure even with all this my case will me delayed and in the end I might have to go to Pakistan to do the ceremony of Ruksati any way. So my suggestion to anyone who is thinking about getting married in Pakistan, please do the ceremony of Rukhsati and make sure you stay with your wife as long as you can and get plenty of pictures of your wedding, honeymoon and collect all other proofs such as hotel receipts etc...

I hope this helps other people and if anyone had similar experience please share with us.
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Nikkah only case  (Sponsorship of my wife)
Oct 2010 - File Transfer
Nov 2011 - Re-Med, Re-PCC, IMM Forms Request
Nov 2011 - Objection Letter saying marriage not genuine.
March 2012 - CAIPS/GCMS notes say Relationship OK.
PMM
VIP Member
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Posts: 13867
Ratings: +512

« Reply #1 on: February 11, 2012, 02:31:32 pm »

Hi


Hi guys,

I am starting this thread because even though I found different bits of information about this subject in different posts, I think we need to have a place where people with similar experience can post replies and a place that can help people who are about to start the sponsorship process avoid the pitfalls and hardships Immigration Canada is making many of us go through.

I am in Montreal and I started my wife's sponsorship process in September 2010, she is in Lahore Pakistan. We have only done Nikah, which means that the relationship was not consummated and becuase of that in November 2011 we received a letter from immigration Islamabad office saying that as our relationship has not been consummated, and that it will only be consummated after she gets her permanent residence visa, because of this they think our marriage is not genuine. They gave us 45 days to respond with further proof of our ongoing relationship.

I consulted an immigration lawyer in Montreal who suggested that instead of going to Pakistan and doing another ceremony (Rukhsati) and consummating the relationship I should explain to immigration why we decided to not do that in the first place. So I explained that my family and I do not live in Pakistan and we have not lived in Pakistan for last 15 years so I could not bring my wife home with me and live with her as I do not have a home in Pakistan and we explained the significance of Nikah in Islam. Also gave them proof of our ongoing communications, cell phone records (her and mine), all of our emails with some along with translation, Skype records... (this is a very brief description of what the complete set of documents I ended up with, with total of 700 to 800 pages).

It literally took me weeks to get all the documents together, and I am sure even with all this my case will me delayed and in the end I might have to go to Pakistan to do the ceremony of Ruksati any way. So my suggestion to anyone who is thinking about getting married in Pakistan, please do the ceremony of Rukhsati and make sure you stay with your wife as long as you can and get plenty of pictures of your wedding, honeymoon and collect all other proofs such as hotel receipts etc...

I hope this helps other people and if anyone had similar experience please share with us.


I suggest that you go to http://www.canlii.org/en/ca/irb/index.html and review the decisions of the Immigration Appeal Division where there was only the Nikah and not the Ruksati  .  You will find a fair number of refusal.  Search on the terms Nikah and Ruksati.
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PMM
s_design
Hero Member
*****

Posts: 377
Ratings: +15
Category........: FAM
Visa Office......: Islamabad
File Transfer...: 04-10-2010
Med's Request: 16-11-2011

« Reply #2 on: February 11, 2012, 03:07:26 pm »

Hi



I suggest that you go to http://www.canlii.org/en/ca/irb/index.html and review the decisions of the Immigration Appeal Division where there was only the Nikah and not the Ruksati  .  You will find a fair number of refusal.  Search on the terms Nikah and Ruksati.


Thank you for the link, I am reading up on it right now.
Logged

Nikkah only case  (Sponsorship of my wife)
Oct 2010 - File Transfer
Nov 2011 - Re-Med, Re-PCC, IMM Forms Request
Nov 2011 - Objection Letter saying marriage not genuine.
March 2012 - CAIPS/GCMS notes say Relationship OK.
s_design
Hero Member
*****

Posts: 377
Ratings: +15
Category........: FAM
Visa Office......: Islamabad
File Transfer...: 04-10-2010
Med's Request: 16-11-2011

« Reply #3 on: February 12, 2012, 11:51:43 pm »

Hi


I suggest that you go to http://www.canlii.org/en/ca/irb/index.html and review the decisions of the Immigration Appeal Division where there was only the Nikah and not the Ruksati  .  You will find a fair number of refusal.  Search on the terms Nikah and Ruksati.


I have read almost 30 cases in detail, 80% appeals have been accepted and the 20% that are refused clearly are fake for example the wife did not know the husband's father had died. Or there was no communication and no financial support before the case went to the interview and was refused there. Or the wife did not know when she got married, big issues like this.
Logged

Nikkah only case  (Sponsorship of my wife)
Oct 2010 - File Transfer
Nov 2011 - Re-Med, Re-PCC, IMM Forms Request
Nov 2011 - Objection Letter saying marriage not genuine.
March 2012 - CAIPS/GCMS notes say Relationship OK.
ziaulhaq75
Star Member
****

Posts: 71
Ratings: +1
Category........: FAM
Visa Office......: Islamabad
AOR Received.: August 2010
File Transfer...: April 2010
Med's Request: Feb 2011
Med's Done....: March 2011

« Reply #4 on: February 15, 2012, 03:20:05 am »

Hi guys,

I am starting this thread because even though I found different bits of information about this subject in different posts, I think we need to have a place where people with similar experience can post replies and a place that can help people who are about to start the sponsorship process avoid the pitfalls and hardships Immigration Canada is making many of us go through.

I am in Montreal and I started my wife's sponsorship process in September 2010, she is in Lahore Pakistan. We have only done Nikah, which means that the relationship was not consummated and becuase of that in November 2011 we received a letter from immigration Islamabad office saying that as our relationship has not been consummated, and that it will only be consummated after she gets her permanent residence visa, because of this they think our marriage is not genuine. They gave us 45 days to respond with further proof of our ongoing relationship.

I consulted an immigration lawyer in Montreal who suggested that instead of going to Pakistan and doing another ceremony (Rukhsati) and consummating the relationship I should explain to immigration why we decided to not do that in the first place. So I explained that my family and I do not live in Pakistan and we have not lived in Pakistan for last 15 years so I could not bring my wife home with me and live with her as I do not have a home in Pakistan and we explained the significance of Nikah in Islam. Also gave them proof of our ongoing communications, cell phone records (her and mine), all of our emails with some along with translation, Skype records... (this is a very brief description of what the complete set of documents I ended up with, with total of 700 to 800 pages).

It literally took me weeks to get all the documents together, and I am sure even with all this my case will me delayed and in the end I might have to go to Pakistan to do the ceremony of Ruksati any way. So my suggestion to anyone who is thinking about getting married in Pakistan, please do the ceremony of Rukhsati and make sure you stay with your wife as long as you can and get plenty of pictures of your wedding, honeymoon and collect all other proofs such as hotel receipts etc...

I hope this helps other people and if anyone had similar experience please share with us.

AA
I am Muhammad Ziaulhaq. My wife have applied for my immigration in December 2009 and my file transferred to CHC Islamabad on April. They started processing my application on 20th April 2010. In February 2011 i have received a letter that marriage is not genuine and after 5 days i have received medical request. i have send updated contact proof to the CHC Islamabad in March 2011. After June 2010 when my lawyer and MP contacted to CHC Islamabad they replied that they are checking back ground and in November when MP contacted them again, CHC replied that the file is in que for interview because there are certain issue which cannot be addressed without personal interview if applicant have more contact proof then he/she can send to CHC. i have forwarded more contact proof to CHC. Now when i send email to CHC they replied that my file is in a que for review by visa officer.
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Ziaulhaq Choudhary
s_design
Hero Member
*****

Posts: 377
Ratings: +15
Category........: FAM
Visa Office......: Islamabad
File Transfer...: 04-10-2010
Med's Request: 16-11-2011

« Reply #5 on: March 31, 2012, 12:59:40 am »

AA
I am Muhammad Ziaulhaq. My wife have applied for my immigration in December 2009 and my file transferred to CHC Islamabad on April. They started processing my application on 20th April 2010. In February 2011 i have received a letter that marriage is not genuine and after 5 days i have received medical request. i have send updated contact proof to the CHC Islamabad in March 2011. After June 2010 when my lawyer and MP contacted to CHC Islamabad they replied that they are checking back ground and in November when MP contacted them again, CHC replied that the file is in que for interview because there are certain issue which cannot be addressed without personal interview if applicant have more contact proof then he/she can send to CHC. i have forwarded more contact proof to CHC. Now when i send email to CHC they replied that my file is in a que for review by visa officer.

Have you applied for CAIPS?
Logged

Nikkah only case  (Sponsorship of my wife)
Oct 2010 - File Transfer
Nov 2011 - Re-Med, Re-PCC, IMM Forms Request
Nov 2011 - Objection Letter saying marriage not genuine.
March 2012 - CAIPS/GCMS notes say Relationship OK.
monita
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Posts: 5
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« Reply #6 on: April 02, 2012, 09:09:21 pm »

Any other update? I have done only a nikah also Sad
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