I am contacting an immigration lawyer tomorrow but was hoping I may get advice from someone who knows so i can get some sleep tonight!
My wife is a Canadian Citizen, i am British. We lived outside of Canada until 2009 when we landed. At this point I had not applied for my PR as we had originally intended to move onwards to the UK. Anyway plans changed and we decided to remain in Canada so submitted all the relevant forms. I received approval in principal, open work permit, OHIP etc etc in June 2010. Got a job, we bought a house. Thats the brief background. Now to the issue!
I have an ex-wife in the UK and two dependent children (at the time of application 17 and 14). Immigration stated that they MUST be included in my application even though they were not accompanying me to Canada or had no intentions to. I filled the relevant forms, was then advised that they had sent forms to my ex-wife from the London Visa office to complete for medicals to be arranged etc That was in May 2010. After a couple of months I made a follow up call with CIC who advised that everything had been approved in principal with my application and they were just waiting for the forms to be returned from the UK. I called the ex... She had 'lost them'. I made arrangements with the London Visa office to send out more. I also inquired at the time, :"What If?" The what if being... what if she doesn't send the forms in. I was told that the case officer had the discretion to waive this requirement. Second set of forms were sent out in August 2010. Persistent badgering over the next few months got me nowhere with the ex. She "couldn't find them", was "too busy", would "do them next week" etc etc. ( I do not believe she was deliberately not sending them off as I know she does have some large personal problems of her own going on). Anyway fast forward to March and I received a letter from CIC stating that my application for PR as a member of the spousal class has been refused and I must leave Canada by June 8th 2011 (the expiry of my current resident permit/work order). they cited the reason as:
Subsection 16(1) of the Immigration and refugee Protection Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires. In your case you have not shown that you meet this requirement because you have not responded to our letters dated August 23 2010 and May 11 2010 and your overseas dependents have not complied with the instructions from the London Mission.
As a result of your failure in canot be established that you meet the requirements for PR as described in subsection 72(1). Your application is therefore refused.It then goes on to tell me I have to leave etc.
Two things here... I never received any letters they refer I believe to the ones sent to my ex. Second, what if they NEVER receive the required forms from her? My eldest is now of the age of majority so i have him completing and sending forms as we speak (too late?) but there is nothing I can do about my youngest as the ex has to complete them.
As i said I think the time for a lawyer has now come (was never in my wildest dreams expecting to have to use one). I just wanted know if anyone has been through a similar situation and what was the result. im just looking for a little peace of mind right now as its job house etc on the line. (thank god we delayed starting a family!)
My wife is a Canadian Citizen, i am British. We lived outside of Canada until 2009 when we landed. At this point I had not applied for my PR as we had originally intended to move onwards to the UK. Anyway plans changed and we decided to remain in Canada so submitted all the relevant forms. I received approval in principal, open work permit, OHIP etc etc in June 2010. Got a job, we bought a house. Thats the brief background. Now to the issue!
I have an ex-wife in the UK and two dependent children (at the time of application 17 and 14). Immigration stated that they MUST be included in my application even though they were not accompanying me to Canada or had no intentions to. I filled the relevant forms, was then advised that they had sent forms to my ex-wife from the London Visa office to complete for medicals to be arranged etc That was in May 2010. After a couple of months I made a follow up call with CIC who advised that everything had been approved in principal with my application and they were just waiting for the forms to be returned from the UK. I called the ex... She had 'lost them'. I made arrangements with the London Visa office to send out more. I also inquired at the time, :"What If?" The what if being... what if she doesn't send the forms in. I was told that the case officer had the discretion to waive this requirement. Second set of forms were sent out in August 2010. Persistent badgering over the next few months got me nowhere with the ex. She "couldn't find them", was "too busy", would "do them next week" etc etc. ( I do not believe she was deliberately not sending them off as I know she does have some large personal problems of her own going on). Anyway fast forward to March and I received a letter from CIC stating that my application for PR as a member of the spousal class has been refused and I must leave Canada by June 8th 2011 (the expiry of my current resident permit/work order). they cited the reason as:
Subsection 16(1) of the Immigration and refugee Protection Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires. In your case you have not shown that you meet this requirement because you have not responded to our letters dated August 23 2010 and May 11 2010 and your overseas dependents have not complied with the instructions from the London Mission.
As a result of your failure in canot be established that you meet the requirements for PR as described in subsection 72(1). Your application is therefore refused.It then goes on to tell me I have to leave etc.
Two things here... I never received any letters they refer I believe to the ones sent to my ex. Second, what if they NEVER receive the required forms from her? My eldest is now of the age of majority so i have him completing and sending forms as we speak (too late?) but there is nothing I can do about my youngest as the ex has to complete them.
As i said I think the time for a lawyer has now come (was never in my wildest dreams expecting to have to use one). I just wanted know if anyone has been through a similar situation and what was the result. im just looking for a little peace of mind right now as its job house etc on the line. (thank god we delayed starting a family!)