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Procedural fairness letter i need help

mohibulah

Star Member
Jan 5, 2016
182
12
36
St.john.d
Category........
the time of his application for permanent residence to Canada in 2011, your sponsor indicated that he had previously been married and divorced. On the Document Checklist (form IMM5533) submitted with your current application, your sponsor answered “no” to the following question: Have you (the sponsor) ever been previously married
It appears that you have not disclosed your sponsor’s previous marriage, nor submitted any documents to demonstrate that your sponsor’s divorce was registered with the civil or legal authorities in Afghanistan at the time of the divorce. Although a man in Afghanistan may be married to more than one woman at a time, polygamous marriage is not legal in Canada, and to meet the definition of marriage as defined in the Immigration and Refugee Protection Regulations, your marriage must be valid in the country in which it took place (Afghanistan) and in Canada. In the absence of a divorce certificate, I have concerns regarding the validity of your marriage. If the marriage is not valid, you may not be considered to be a member of the family class and your application for permanent residence may be refused. Please submit a copy of your sponsor’s divorce certificate issued by civil or legal authorities, and provide an explanation, in your own or your sponsor’s words, of the process followed in your sponsor’s divorce.
In addition, it appears that you may have misrepresented your sponsor’s previous marital history on your application as you failed to disclose his previous marriage and divorce. This could have led to an error in the application of the law as it relates to the validity of your current marriage. Please note that, if you are found to have misrepresented a part of your application for permanent residence in Canada which could have led to an error in the administration of the Immigration and Refugee Protection Act, then you will not be permitted to apply for any kind of temporary or permanent residence visa for Canada for 5 years. We said and over new application say no what i should do now
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
77
Job Offer........
Pre-Assessed..
Well is your husband married to someone other than you?
Also you need to address why there was a difference in the 2011 application and this one.

You may need to consult a lawyer because you're looking at a 5 year ban.
 

Buletruck

VIP Member
May 18, 2015
6,711
2,551
Provided the match the correct dates, the divorce certificate will help, but you Will still have to include your own documents explaining the process he went through. You also need to be concerned with IRCC finding you inadmissible due to misrepresentation. If they do, they will ban you from Canada for 5 years.
 

Wakki

Champion Member
Sep 18, 2017
2,995
606
if the sponsor indicated in their application for permanent residence to Canada in 2011 that they had previously been married and divorced, and in the current sponsorship indicated they had not earlier married by answering "NO" on the Document Checklist (form IMM5533).....you can only remedy the situation by;
  1. providing a valid divorce document
  2. update any sponsorship forms e.g., IMM1344 with divorce details
  3. provide an explanation letter
  4. you may update Document Checklist (IMM5533) by correctly answering "YES" to the question, Have you (the sponsor) ever been previously married.
  5. you may also review the country specific requirements
  6. send all documents through IRCC webform to your visa office before IRCC refuse your sponsorship application for misrepresentation and possibly face ban.

Country specific requirements
Afghanistan – Instruction(s) for documents
  • For civil documents issued for Afghanistan:
    • Marriage certificate(s): The document to be submitted is the “Waseeqa Nikkah ”.
    • Divorce certificate(s): The document to submit is the “Decree Absolute”.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
the time of his application for permanent residence to Canada in 2011, your sponsor indicated that he had previously been married and divorced. On the Document Checklist (form IMM5533) submitted with your current application, your sponsor answered “no” to the following question: Have you (the sponsor) ever been previously married
It appears that you have not disclosed your sponsor’s previous marriage, nor submitted any documents to demonstrate that your sponsor’s divorce was registered with the civil or legal authorities in Afghanistan at the time of the divorce. Although a man in Afghanistan may be married to more than one woman at a time, polygamous marriage is not legal in Canada, and to meet the definition of marriage as defined in the Immigration and Refugee Protection Regulations, your marriage must be valid in the country in which it took place (Afghanistan) and in Canada. In the absence of a divorce certificate, I have concerns regarding the validity of your marriage. If the marriage is not valid, you may not be considered to be a member of the family class and your application for permanent residence may be refused. Please submit a copy of your sponsor’s divorce certificate issued by civil or legal authorities, and provide an explanation, in your own or your sponsor’s words, of the process followed in your sponsor’s divorce.
In addition, it appears that you may have misrepresented your sponsor’s previous marital history on your application as you failed to disclose his previous marriage and divorce. This could have led to an error in the application of the law as it relates to the validity of your current marriage. Please note that, if you are found to have misrepresented a part of your application for permanent residence in Canada which could have led to an error in the administration of the Immigration and Refugee Protection Act, then you will not be permitted to apply for any kind of temporary or permanent residence visa for Canada for 5 years. We said and over new application say no what i should do now
https://www.canadavisa.com/canada-immigration-discussion-board/threads/hi-i-need-help-please.591632/page-3
 

Longroadtoimmigration

Hero Member
Sep 19, 2018
236
99
App. Filed.......
September 19th 2018
Interview........
I rebuke it ijn
LANDED..........
I shall testify
If we send the divorce certificate it can help
We're you truly married ?
If you are considering sending a divorce I want to assume you were infact married.
Send them the documents they are requesting .
I see you have been on this since 2014 and this is your second sponsorship as the previous app was refused due to same issue.
Get a lawyer asap and wait for your gcms notes.
 

mohibulah

Star Member
Jan 5, 2016
182
12
36
St.john.d
Category........
I didn.t fill out my application in 2011
I was working with canadian army back in AFG
They did all the form for me in 2011
I was shock when i see my application
I was never mirred befor
 

Longroadtoimmigration

Hero Member
Sep 19, 2018
236
99
App. Filed.......
September 19th 2018
Interview........
I rebuke it ijn
LANDED..........
I shall testify
I didn.t fill out my application in 2011
I was working with canadian army back in AFG
They did all the form for me in 2011
I was shock when i see my application
I was never mirred befor
You need to a good lawyer to defend your case