Hello, I need help and advice! Me and my Husband met during my vacation to Lebanon in June 2015, I was/am a student therefore I had to go back to Canada. After my departure from Lebanon we constantly communicated, just like a regular couple. In summer 2016 I went back to Lebanon to visit him, and we decided to get married in July 2016. We are both Muslims, therefore we had our "Kateb Kteb" which means we are legally married in Islam. We had a celebration to celebrate being legally married, which consisted of 100 guests. We did not have the usual "cultural wedding" in which women wear a white dress, HOWEVER WE ARE STILL LEGALLY MARRIED. I left Lebanon in August 2016 to go back to Canada, and submitted the application to sponsor my husband in November 2016. I provided everything in my application such as pictures, conversations between my husband and I, airplane tickets to Lebanon, marriage certificate, etc. Our relationship is 100 % genuine. I went back to see him for a couple weeks in April 2017. A couple weeks ago we received an email from Immigration Canada requesting an Interview with my husband at the embassy of Canada in Lebanon. Today was his interview, and today was the day they refused the application. Below is exactly what was stated in the refusal letter:
"I have now completed the assessment of your permanent residence application as a member of the family class, the class in which you applied. I have determined that you do not meet the requirements for immigration to Canada. Subsection 12(1) of the Immigration and Refugee Protection Act 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. Paragraph 117(1)(a) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor's spouse, common-law partner or conjugal partner. Subsection 4(1) of the Immigration and Refugee Protection Regulations states that 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.
Based on the assessment of your file, including your application, the supporting documentation, and the information you provided during the interview in Beirut on 6 June 2017, I am not satisfied that your marriage to your sponsor is genuine and that it was not entered into primarily for the purpose of acquiring any status or privilege under the Act. In the local culture, marriage is a two-step process, involving as a first step the signature of the Nikah Kitab (or Katb Al-Kitab), i.e. marriage contract, usually in a religious ceremony, which means that the spouses are legally married. You and your sponsor have completed this aspect of the marriage.
The second step involves a wedding reception, after which the couple are considered fully married, are recognized as husband and wife by their respective families and their community, can go on their honeymoon and can start their communal life. Barring such second step, a marriage remains akin to an engagement in the eyes of the concerned relatives, the community and the spouses themselves, and can be easily annulled as it is considered as not having been consummated. Having not completed the second step, a couple are unable to reside together and are not recognized as husband and wife by their community.
At interview, you were questioned about a number of concerns regarding your application, including whether you and your sponsor have hosted a wedding celebration and whether you yourself consider your relationship to have reached a full marital status. I advised you of the specific concerns that I had identified in your case regarding the status of your relationship with your sponsor, and asked you to address these issues. You were unable to provide a response that satisfied my concerns. While you and your sponsor appear to be in a sincere relationship, at this point I am not satisfied that you meet the definition of spouse as required under the Act.
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. Based on the information that is available, I am not satisfied that you meet the requirements of the Act. I am therefore refusing your application."
I am completely frustrated at the reasoning for the refusal of the application and we are uncertain of what we should do. We have the options of appealing the decision or reapplying. I would like to appeal the decision, however would I need a lawyer? Is it better to have a lawyer? Has anybody gone through something similar to this? Please help!
"I have now completed the assessment of your permanent residence application as a member of the family class, the class in which you applied. I have determined that you do not meet the requirements for immigration to Canada. Subsection 12(1) of the Immigration and Refugee Protection Act 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. Paragraph 117(1)(a) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the family class if, with respect to a sponsor, the foreign national is the sponsor's spouse, common-law partner or conjugal partner. Subsection 4(1) of the Immigration and Refugee Protection Regulations states that 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.
Based on the assessment of your file, including your application, the supporting documentation, and the information you provided during the interview in Beirut on 6 June 2017, I am not satisfied that your marriage to your sponsor is genuine and that it was not entered into primarily for the purpose of acquiring any status or privilege under the Act. In the local culture, marriage is a two-step process, involving as a first step the signature of the Nikah Kitab (or Katb Al-Kitab), i.e. marriage contract, usually in a religious ceremony, which means that the spouses are legally married. You and your sponsor have completed this aspect of the marriage.
The second step involves a wedding reception, after which the couple are considered fully married, are recognized as husband and wife by their respective families and their community, can go on their honeymoon and can start their communal life. Barring such second step, a marriage remains akin to an engagement in the eyes of the concerned relatives, the community and the spouses themselves, and can be easily annulled as it is considered as not having been consummated. Having not completed the second step, a couple are unable to reside together and are not recognized as husband and wife by their community.
At interview, you were questioned about a number of concerns regarding your application, including whether you and your sponsor have hosted a wedding celebration and whether you yourself consider your relationship to have reached a full marital status. I advised you of the specific concerns that I had identified in your case regarding the status of your relationship with your sponsor, and asked you to address these issues. You were unable to provide a response that satisfied my concerns. While you and your sponsor appear to be in a sincere relationship, at this point I am not satisfied that you meet the definition of spouse as required under the Act.
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. Based on the information that is available, I am not satisfied that you meet the requirements of the Act. I am therefore refusing your application."
I am completely frustrated at the reasoning for the refusal of the application and we are uncertain of what we should do. We have the options of appealing the decision or reapplying. I would like to appeal the decision, however would I need a lawyer? Is it better to have a lawyer? Has anybody gone through something similar to this? Please help!
