Terri&Elyas
Star Member
- Aug 22, 2017
- 22
- Category........
- FAM
- Visa Office......
- Rabat
- App. Filed.......
- 30-09-2016
- Interview........
- 08-03-2017
It strictly says he must put all children..adopted and stepchildren included.
ALL SPOUSE APPEAL CASES COME HERE AND JOIN US PLZ
- Thread starter love bird 43
- Start date
Terri&Elyas
Star Member
- Aug 22, 2017
- 22
- Category........
- FAM
- Visa Office......
- Rabat
- App. Filed.......
- 30-09-2016
- Interview........
- 08-03-2017
So, you are saying your children aren't PR or Canadian? If it is correct, then yes, he has to list your children as dependents on application, otherwise, you don't list PR or Canadian children as dependents on Schedule A, they should be listed on Additional Family Form.
Terri&Elyas
Star Member
- Aug 22, 2017
- 22
- Category........
- FAM
- Visa Office......
- Rabat
- App. Filed.......
- 30-09-2016
- Interview........
- 08-03-2017
They are canadian. I'm so confused with this. Yes, they are listed as additional family members. That's where I added their names.
So, I guess your PM office is correct, it is just a generic email, you don't have to be worried. Sorry for all my questions, just trying to figure out what exactly your situation is. Wish you the best!
Terri&Elyas
Star Member
- Aug 22, 2017
- 22
- Category........
- FAM
- Visa Office......
- Rabat
- App. Filed.......
- 30-09-2016
- Interview........
- 08-03-2017
I got visa April 28 2016
I got married May 25 2016
She got pregnant in June 2016
I landed on August 03 2016
She got birth after I moved to Canada in February 2017
You are suppose to inform IRCC for any marital status change prior to your landing, did you do that? If you haven't then they will consider that as mis-interpretation and appealing that would do nothing.
have now completed the assessment of your application for a permanent resident visa 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.
(d) the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non- accompanying family member or a former spouse or former common-law partner of the sponsor and was not examined.
Your sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, you were not declared as a dependent of your sponsor and therefore you were not examined. As a result, I have determined that you are not a member of the family class.
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. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. I am therefore refusing your application.
I am sending a letter to your sponsor notifying of the appeal provisions of the Immigration and Refugee Protection Act. I am using the last known address for your sponsor:
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.
(d) the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non- accompanying family member or a former spouse or former common-law partner of the sponsor and was not examined.
Your sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, you were not declared as a dependent of your sponsor and therefore you were not examined. As a result, I have determined that you are not a member of the family class.
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. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the requirements of the Act. I am therefore refusing your application.
I am sending a letter to your sponsor notifying of the appeal provisions of the Immigration and Refugee Protection Act. I am using the last known address for your sponsor:
CRA and IRCC are different ministry in Canada, filing your tax return together does not count as updating your marital information with IRCC. Also the date for filing your 2016 tax return is April 2017 after your landing date in August 2016. Sorry to hear about your mistake, but there is almost 0% chance of winning an appeal case like this.
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