Refused Inland

[adzees]

When did VO issued the letter..

As of September 30th..
Amendment to Section 4 of the Regulations

An amendment to section 4 of the Immigration and Refugee Protection Regulations was brought into force by an Order-in-Council decree today, September 30, 2010.

Citizenship and Immigration Canada (CIC) and Canada Border Services Agency (CBSA) officers must commence applying the new provision on the day on which it entered into force. Therefore, effective today, CIC and CBSA officers must apply the new provision to all new applications, all applications in process for which a final decision has not yet been rendered and all new and pending appeals before the Immigration Appeal Division (IAD).
Background

The former R4 provision required two mandatory elements for determining “bad faith” relationships:

(a) that a relationship not be genuine; and
(b) that it was entered into primarily for the purpose of acquiring any status or privilege under the Act.

 

[jdwhite21]

Adzees:
My husband and I are 20 years apart.. which I know to lot's of people is a little weird but to us it isn't. That whole age is just a number is cliche but true. I never even give it any thought and I mean I can give examples of people who are 20 years apart and been married for over 20 years.. my friend who lives here in town. Actually there was this 65 yr old guy in town here got married to a 20 yr old filipino, and she got her residence.. so I really wonder about the age thing sometimes.. how is it an issue for some and others apparently not...

Annabruce:
We had just been married when he quit his job but he did not have to leave for another year as his work permit did not expire until the following year, he was just unable to work. I never really thought of how that would look however, unfortunately I never really think how most things would look because to us we are a real marriage. But we did explain in our application why he did quit and also had in there that he has job offers in town for when he got his residence.

 

[mimi23]

maybe you could just scan the whole letter here just hide confidential info then we can help as i can see like there is more than that as you said u cope from one paragraph.one said in that section 4 there are so many things.and where is your husband coming from

 

[jdwhite21]

Here is the letter, do not have a scanner.

Citizenship and Immigration Canada
Suite 240, Canada Place
9700 Jasper Avenue
Edmonton, Alberta t5j 4c3

Jos-

This refers to your application for permanent resident status under the spouse or common-law partner in Canada class.

In order to become a permanent resident under the spouse or common-law partner in Canada class, you must comply with requirements as specified in the Immigration and Refugee Protection Regulations.

Since you have not provided sufficient evidence that you meet the requirements of Section 4 of the regulations, you do not meet the requirements of the class. Your application for permanent residence as a member of the Spouse or Common-law partner in Canada Class is, therefore, refused.

Pursuant to R183(5)(a) your temporary resident status has now expired. You are required to leave Canada forthwith. Failure to do so, and remaining in Canada without legal status, may result in enforcement action against you.

Please present the attached voluntary departure form IMM 5021 to an immigration officer at a Canada Immigration Centre at your last point of departure from Canada.

You are required to provide an itinerary to this office by Oct 8, 2010 for a non-refundable flight departing Canada. You may send it by fax to 780-495-6739, or by mail, or you may drop it off in person to the address indicated above.

Should you decline to depart Canada voluntarily, a Section A.44(1) report will be referred for an admissibility hearing where it is possible that a removal order may be made against you.


blah blah last 2 paragraphs about id number and using it to contact Immigration and not letting anyone use it and gives call centre number and website address.

 

[giggles1985]

It sounds to me that the reason for refusal was not because they think your relationship was fake. It says you/he don't fit the requirements of the Immigration and Refugee Protection Act, section 4. Which looks like it has to do with inadmissability?

http://laws.justice.gc.ca/en/I-2.5/index.html



*edit*Wait, scratch that. I just found this page
http://gazette.gc.ca/rp-pr/p1/2010/2010-04-03/html/reg1-eng.html
which indicates that "Section 4" has to do with marriages of convenience.

Sorry, I don't know what to tell you then the evidence you listed sounds like enough

 

[rjessome]

It sounds to me that the reason for refusal was not because they think your relationship was fake. It says you/he don't fit the requirements of the Immigration and Refugee Protection Act, section 4. Which looks like it has to do with inadmissability?

http://laws.justice.gc.ca/en/I-2.5/index.html



*edit*Wait, scratch that. I just found this page
http://gazette.gc.ca/rp-pr/p1/2010/2010-04-03/html/reg1-eng.html
which indicates that "Section 4" has to do with marriages of convenience.

Sorry, I don't know what to tell you then the evidence you listed sounds like enough

Yes, they mean REGULATION 4 which is as follows:

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

(b) is not genuine.


Whenever you see a letter in front of the number in a decision like this they are either referring to the Regulations or to the Act. R4 means section 4 of the Regulations. A4 would mean section 4 of the Act. PARTS and DIVISIONS are different as well but you will never see them quoted in this way so you don't need to worry about it.

 

[Asta]

Yes, they mean REGULATION 4 which is as follows:

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

(b) is not genuine.


Whenever you see a letter in front of the number in a decision like this they are either referring to the Regulations or to the Act. R4 means section 4 of the Regulations. A4 would mean section 4 of the Act. PARTS and DIVISIONS are different as well but you will never see them quoted in this way so you don't need to worry about it.

dont need to worry bout what exactly?

 

[Asta]

hey girl, im really sad to hear this. that sounds so messed up. but u dont give up, do everything that is possoble to prove ur truth. cause u have a child and soon u gonn ahave 2, so u need a husband and they need a dad. try to be strong and do whats in ur power. maybe u can borrow money from somewhere.

to everyone:
so as i understand, those changes mean, that we have to prove that we entered into relationship not with purpose to migrate. we gotta prove that we met other halves "by accident", "by fate" and so on. not concentrate on proving marriage being real, but concentrate on relationships start. how it developed. that it was not on purpose.
am i right?
man, thats scary i wish good luck to all and good luck to me...

btw that immigration officer's concern about not having car or house on both names is so wrong. in my country nobody has stuff on both names. my mom n dad doent have anything registered by their both names. its just how it is. one house is on moms name, other appartment is on dad's name. car is on dads name and they have their own bank accounts. thats called FREEDOM, or PERSONAL SPACE. but it doesnt mean they have fake marriage. they lived together happily for almost 40 years now. have 2 great kids etc.
i personally didnt even know that we can / HAVE?! to write property on us both with husband. thats a bullsh!t

 

[rjessome]

dont need to worry bout what exactly?

That they will give a decision saying P4 or D4 meaning "Part" or "Division" of the Act or Regulations. They don't do that. They use A and R for sections of the Act and Regulations.

 

[Black-Berry]

OMG!/. this story has just shredded my heart to pieces!. HOW could they deny you after all that evidence???. Can you give us more information?. How much age difference btn you and hubby?. who is older?. What country is he from?.

this instills fear in me!. I didnt even give as much evidence as you!. We have three children (who are all canadian) between us! I am originally from kenya but have Bermudian status. My three children will be completely shattered if i am forced to leave. We have established a home here. we have a mortgage together. all the bills are in bth our names. (surely you cant have a mortgage with someone if you are in it for convenience?).
You know i thought that if you have kids that is strong enough evidence but obviously not!....because you and him have one and a child on the way!. So now i am back to square 1. . When i sent in my application in january, we hadnt secured the mortgage as yet so am thinking to send in a tonne of stufff ever since we have been here?. I am worried/actually shaking in my boots right now!. This is ridiculous and unfair!.

 

[Pharoh]

There has to be some way you can get free legal representation, or perhaps find a counsel that will be flexible with payments. I wouldn't worry about providing proof of a plane ticket home, in 3 days. If you don't have the means to leave, then you don't have the means. While they work to try and push you out, you get a strong legal backing and get your situation in the light with anyone you can.

I see some people have contacted the members of parliament of their respective provinces. You might want to let them know. You could also email the media (newspapers, websites, etc) to get your story out there. There's usually a happy ending when stories like these get put under the spotlight, in front of a lot of people. If you can find contact info for ranking people at the CIC, by all means, contact them!

I wish you the best of luck, and support you. Please keep us updated, through the happy ending.

 

[robrod]

Pharoh is righ, Jess. Go to your local media (preferably the newspaper, TV even better) and present your case with them. Contacting your MP won't hurt either. Right now because of the new regulations against marriages of convenience, it's the perfect time to expose your case.
I'm sending you a hug!, be strong and don't give up.

 

[Pharoh]

There's another option as well, I believe (please someone correct me if I'm wrong).

If appealing to anyone and everyone doesn't get this resolved, have your husband apply as outland. He'll leave the country for a little bit, while you guys get your things together and mail everything in for outland. THEN, once the financial means provide, he can fly back and stay in Canada for up to 6 months, as a visitor. At the end of those 6 months, if still not approved for PR, he can leave and come back for another 6 months, while you wait for outland to finish processing. If you apply outland, you have every right to appeal this thing all the way up the chain.

So worst case scenario, he has to leave for a bit, re-apply, come back and be with you for several months (without earning any income, mind you, which I know would be difficult), HOWEVER, you would still have each other, and would have a better ability to fight CIC if necessary, without having to go through legal means.

 

[robrod]

And I guess cases like this one is what they mean by "Family reunification top priority at CIC", right?.
Sure, he can leave and then re-apply outland. The good news out of all this is that he was not given a 2 year ban for misrepresentation. That is the comfort, Jess. Of course it really creates a serious financial nightmare which already is felt by depending on a single income.

 

[Pharoh]

In addition to telling the media and whomever else that you can, you could probably set up a website for people to quickly see your situation and provide fiscal support (if desired). You could post a PayPal link to it, and I'd chip in a few bucks. It's hard to believe, but the world still has a few good people here and there.