+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Procedural Fairness letter received after adding spouse

arunnair05

Full Member
Apr 16, 2017
38
7
Hi Guys,

I had received COPR on April 2018 with Ontario Nomination and had time till Feb 2019 to do the landing [i am indian citizen working in USA] . I did not do the landing and got married on November 2018 and informed CIC about the marital status change. I uploaded all the documents by december for adding the spouse and Now i have received a Procedural Fairness letter as follows

"
This letter refers to your application for permanent residence under the Provincial Nominee Class.
Further to the request for information sent to you November 27, 2018 and your submission received December 5, 2018 and December 10, 2018, insufficient information is available to establish that you entered into a bonafide marital relationship with X. Considering the information related to the development of your relationship and the timing of the events related to the engagement and marriage, and other information available, I am not satisfied that your spouse can be included in your application for processing.
In addition, there is a concern about your intention to reside in the province of nomination, in this case, Ontario.
Subsection 87(2) of the Immigration and Refugee Protection Regulations states that:
a foreign national is a member of the provincial nominee class if
(a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister, and
(b) they intend to reside in the province that has nominated them
Before a final decision is made on this matter, you have an opportunity to provide additional information. Please provide the following:
 It is noted your permanent resident visa was issued April 18, 2018. Upon receipt of the visa, did you commence preparations to immigrate to Canada? If not, why not?
 Do you intend to reside in Ontario and become economically established in Ontario?
 You stated you found your spouse on a website about July 2018, about 3 months after your visa was issued. When did you start your search for a spouse?
 Since your visa was already issued, why did you not wait until you became a permanent resident in Canada prior to your search for a spouse?
 Since you started developing your relationship with your spouse after your visa was issued, why did you not wait until you became a permanent resident in Canada prior to making arrangements to get married?
 Before this marriage, was your spouse related to you in any way? That is, were you or any member of your family related to her or any member of her family? If yes, please explain.

 Is your spouse currently living with you in the United States. If yes, when did she join you? If not, please explain.
 Please provide proof of relationship. This could include, but not limited, to documents that demonstrate the couple’s relationship is developing socially, financially, personally and is known to the public domain. statements of shared bank accounts/credit cards, shared residential leases, shared rental receipts, bills for shared utilities accounts, mail addressed to either or both of you at the same address, insurance policies, beneficiary documents, etc.
 Any other information you would like to be consdiered

"

Could you please help me with this? is my application going to get rejected? how can i prove intend to reside in Ontario? Please help asap since i have only 7 days to reply.
 

navinball

VIP Member
Feb 26, 2018
3,664
1,643
you need to clearly demonstrate that you genuinely met and married after you got your IM1 visa.
they are considering your marriage a fraudulent one.
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
IRCC feels that you got CoPR, so you went and used that to get married (the implication is that the marriage is fraudulent), and now you're trying to fulfill your end of the bargain by getting her added to your PR.

To counter this, you need to show that your marriage has nothing to do with your impending PR status. If you are unable to prove that to their satisfaction, your CoPR will be cancelled.

To prove intent to reside in Ontario, you have to show the planning you did/are doing on moving to Ontario. Once you got the CoPR, did you start applying for jobs, or looking at renting a house, etc?

You may want to consult an immigration lawyer since this is a tricky one. You don't have much time.
 
  • Like
Reactions: scylla

dotslash227

Champion Member
Apr 28, 2019
1,846
365
Hi Guys,

I had received COPR on April 2018 with Ontario Nomination and had time till Feb 2019 to do the landing [i am indian citizen working in USA] . I did not do the landing and got married on November 2018 and informed CIC about the marital status change. I uploaded all the documents by december for adding the spouse and Now i have received a Procedural Fairness letter as follows

"
This letter refers to your application for permanent residence under the Provincial Nominee Class.
Further to the request for information sent to you November 27, 2018 and your submission received December 5, 2018 and December 10, 2018, insufficient information is available to establish that you entered into a bonafide marital relationship with X. Considering the information related to the development of your relationship and the timing of the events related to the engagement and marriage, and other information available, I am not satisfied that your spouse can be included in your application for processing.
In addition, there is a concern about your intention to reside in the province of nomination, in this case, Ontario.
Subsection 87(2) of the Immigration and Refugee Protection Regulations states that:
a foreign national is a member of the provincial nominee class if
(a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister, and
(b) they intend to reside in the province that has nominated them
Before a final decision is made on this matter, you have an opportunity to provide additional information. Please provide the following:
 It is noted your permanent resident visa was issued April 18, 2018. Upon receipt of the visa, did you commence preparations to immigrate to Canada? If not, why not?
 Do you intend to reside in Ontario and become economically established in Ontario?
 You stated you found your spouse on a website about July 2018, about 3 months after your visa was issued. When did you start your search for a spouse?
 Since your visa was already issued, why did you not wait until you became a permanent resident in Canada prior to your search for a spouse?
 Since you started developing your relationship with your spouse after your visa was issued, why did you not wait until you became a permanent resident in Canada prior to making arrangements to get married?
 Before this marriage, was your spouse related to you in any way? That is, were you or any member of your family related to her or any member of her family? If yes, please explain.

 Is your spouse currently living with you in the United States. If yes, when did she join you? If not, please explain.
 Please provide proof of relationship. This could include, but not limited, to documents that demonstrate the couple’s relationship is developing socially, financially, personally and is known to the public domain. statements of shared bank accounts/credit cards, shared residential leases, shared rental receipts, bills for shared utilities accounts, mail addressed to either or both of you at the same address, insurance policies, beneficiary documents, etc.
 Any other information you would like to be consdiered

"

Could you please help me with this? is my application going to get rejected? how can i prove intend to reside in Ontario? Please help asap since i have only 7 days to reply.
Seems to be a fraudulent marriage. Consult an immigration lawyer.
 

arunnair05

Full Member
Apr 16, 2017
38
7
Seems to be a fraudulent marriage. Consult an immigration lawyer.
But its not a fraudulent marriage. My wife is with me in USA, have her Indian citizenship, USA Visa, USA employment Authorization, Social security Number, Shared Lease agreement, Driving License, Insurance coverage of my insurance, utility bil.. I am not sure how else to prove.
 

scylla

VIP Member
Jun 8, 2010
92,899
20,520
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
But its not a fraudulent marriage. My wife is with me in USA, have her Indian citizenship, USA Visa, USA employment Authorization, Social security Number, Shared Lease agreement, Driving License, Insurance coverage of my insurance, utility bil.. I am not sure how else to prove.
IRCC is suspicious because of the timing of when you started looking for a wife and got married. At this point you would be wise to hire a good Canadian immigration lawyer to help you with the response to the letter.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
IRCC is suspicious because of the timing of when you started looking for a wife and got married. At this point you would be wise to hire a good Canadian immigration lawyer to help you with the response to the letter.
Absolutely agree. The OP appears to have made some significant planning mistakes and a PFL with two unrelated factors is going to be hard to answer.
 
  • Like
Reactions: scylla

arunnair05

Full Member
Apr 16, 2017
38
7
Absolutely agree. The OP appears to have made some significant planning mistakes and a PFL with two unrelated factors is going to be hard to answer.
every where it was mentioned that, i can always add my spouse if i have not landed. i am not sure what is the issue then and what could have been to avoid .
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
every where it was mentioned that, i can always add my spouse if i have not landed. i am not sure what is the issue then and what could have been to avoid .
A) they don't believe that the relationship is genuine but has been entered into for immigration purposes.
B) because you didn't immediately make an effort to emigrate AND settle in Ontario after you received the COPR, they doubt your intent.
 
  • Like
Reactions: scylla

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
every where it was mentioned that, i can always add my spouse if i have not landed. i am not sure what is the issue then and what could have been to avoid .
Oh, and by the way, the expiry date on the COPR is a limit, NOT a "suggestion of when to move".
 
  • Like
Reactions: khan5858

dotslash227

Champion Member
Apr 28, 2019
1,846
365
But its not a fraudulent marriage. My wife is with me in USA, have her Indian citizenship, USA Visa, USA employment Authorization, Social security Number, Shared Lease agreement, Driving License, Insurance coverage of my insurance, utility bil.. I am not sure how else to prove.
Having all such documents don't prove that your marriage is a fraudulent message.

IRCC is questioning the intent of the marriage because it looks like the marriage was done just to gain permanent residency through unfair means.

You should contact an immigration lawyer and seek his help instead of consulting random strangers on the internet. And, make sure you pay your laywer.
 

navinball

VIP Member
Feb 26, 2018
3,664
1,643
Having all such documents don't prove that your marriage is a fraudulent message.

IRCC is questioning the intent of the marriage because it looks like the marriage was done just to gain permanent residency through unfair means.

You should contact an immigration lawyer and seek his help instead of consulting random strangers on the internet. And, make sure you pay your laywer.
It's probably not a fraudulent marriage but looks like this guy was keeping canada as a backup for h1b issues with no intention of moving and the officer caught him on it.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,937
1,903
Earth
every where it was mentioned that, i can always add my spouse if i have not landed. i am not sure what is the issue then and what could have been to avoid .
The issue is that you got a COPR, which is intended for one to move to Canada, but INSTEAD of making plans to move to Ontario, you went online to look for a spouse.

As well back in January 2018, you had stated that you were single, but had a question regarding how to add a spouse to your application. Timeline, is that you stated you met online July 2018, married Nov 21 2018, deadline to enter Canada Feb 2019, that is 4-5 months, from online meeting, to nuptials

https://www.canadavisa.com/canada-immigration-discussion-board/threads/marriage-after-submission-or-before-submission.537565/
 
Last edited:
  • Like
Reactions: dotslash227

dotslash227

Champion Member
Apr 28, 2019
1,846
365
It's probably not a fraudulent marriage but looks like this guy was keeping canada as a backup for h1b issues with no intention of moving and the officer caught him on it.
Idk, The timelines and intent look fishy to me.
Got Canadian Visa in April 2018, with landing limit of Feb 2019
Started searching for a wife in July 2018, after getting a visa, OP hasn't mentioned that he or his family were already looking for a spouse.
Got married in November 2019 [probably after 4 months of dating] and got married.

OP's marriage journey started within 3ish months, as soon as he got his visa. It would have been more believable if let's say he had known his spouse for many years and were kinda best friends or were dating and suddenly wanted to get married, basically, something on those lines.

I know 2 people (on a very personal level), with very good profiles and CRS, who had been offered between 25-40 lakh rupees for contract marriages, where the agents had proposed similar timelines, though, both of them had rejected such offers, because one, they didn't want to get married and second, were well off and didn't need to sell themselves for money.