Case referred to special unit for exclusion

[RBV]

When I called IRCC before landing to inform about marital status change, agent said he was going to send me an email about what to do next and then he called me instead and said it looks like you informed IRCC about your marriage plan and IRCC gave you two options so you do not have to submit any information regarding your spouse. I submitted call history via MP where it shows that I received call from IRCC.

 

[RBV]

Clearly I was given misleading information by IRCC. I submitted all possible evidences to IRCC and they have not made any decision on application yet. It has been sent to special unit. Not sure what would be the outcome. MP is also involved in case and he submitted an inquiry to IRCC on behalf of me.

 

[canuck_in_uk]

This refers to your application for permanent residence.


According to correspondence that we have received on 05MAY2017, you have indicated that you are going back to India on 11MAY2017 to get married and you wish to add your future spouse to the application.

I note that your application has already been finalized and that a Ready for Visa (RFV) letter was sent to you via email on 04MAY2017 indicating that your application has been approved. I also note that your application has been approved on the basis of your marital status as single and that your application would have to be re-opened in order to conduct a new assessment with regards to your spouse. However, given that you are currently not married, your marital status remains unchanged for the purposes of your application and it cannot be reopened for this reason.

You retain the option of becoming a Permanent Resident of Canada and to sponsor your future spouse as a member of the family class.

You may also wish to withdraw your current application and re-apply for another application under the Canada Experience Class that includes your future spouse after marriage.

Please note that if you choose to submit a new application it would require new fees and documentation and you would need to meet all the requirements in effect at the time the application is submitted. However, you must meet the minimum requirements to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to apply for permanent residence under one of the immigration programs subject to Express Entry.

Thank you for the interest you have shown in Canada.

Yours sincerely,

Case Officer

Expect a refusal.

You weren't actually married when they sent this letter, so they answered on that basis. They told you that that app could be reopened if you got married before landing, that you could sponsor your future spouse or you could withdraw and reapply after marrying. Nowhere in there did they say that you could land as single and then sponsor your spouse.

 

[RBV]

Expect a refusal.

You weren't actually married when they sent this letter, so they answered on that basis. They told you that that app could be reopened if you got married before landing, that you could sponsor your future spouse or you could withdraw and reapply after marrying. Nowhere in there did they say that you could land as single and then sponsor your spouse.

Yes I knew I had to declare my spouse before landing that is why I called IRCC to inform them before I landed. Agent himself interpreted the letter in a same way as I did as he could see this letter in my profile and therefore, he asked me to go and land. I explained the entire situation to immigration officer during landing. They still ASKED ME to declare no dependent. Immigration officer said, put this letter in your spouse's application when you sponsor. Do you think IRCC is going to consider these facts? I intended to declare my spouse and I did what I was told to do by agent and immigration officer.

 

[Buletruck]

Agreed. The requirement is very specific and they have in fact sent you a letter essentially confirming that you "must" do one or the other. Despite what people say and regardless of where they work, the documentation used for landing clearly states you must declare changes in your status. The legislation will be the ultimate deciding factor....not what people say. Unfortunately, you got bad advice, but ultimately it's still your responsibility to ensure your documentation is correct (really no different than using an agent to send your application....You need to ensure everything in it is correct).

This all could have been avoided if you had landed first and then choose to go home and get married.

 

[canuck_in_uk]

Yes I knew I had to declare my spouse before landing that is why I called IRCC to inform them before I landed. Agent himself interpreted the letter in a same way as I did as he could see this letter in my profile and therefore, he asked me to go and land. I explained the entire situation to immigration officer during landing. They still ASKED ME to declare no dependent. Immigration officer said, put this letter in your spouse's application when you sponsor. Do you think IRCC is going to consider these facts? I intended to declare my spouse and I did what I was told to do by agent and immigration officer.

At this point, it is simply you saying that IRCC/CBSA told you to do this, not fact. The fact is that they sent you that letter saying what to do.

 

[RBV]

At this point, it is simply you saying that IRCC/CBSA told you to do this, not fact. The fact is that they sent you that letter saying what to do.

Should I prepare for an appeal? Should I contact a lawyer before I hear about the decision?
FYI, I ordered GCMS notes and it mentions about MP's enquiry and it says officer will decide if ineligibility decision will be revoked.

 

[RBV]

GCMS also says that sponsor said he was advised by immigration officer to declare no dependent during landing even though he was married at that time, for visa office consideration. I see a ray of hope there. At least they considering the info I provide to them.

 

[Buletruck]

GCMS also says that sponsor said he was advised by immigration officer to declare no dependent during landing even though he was married at that time, for visa office consideration.

Again, unfortunately, that is hearsay evidence. Unless the IRCC/CBSA officer that did the landing confirms that, I wouldn't count on that as a reprieve.

 

[koura]

I suggest you order GCMS notes.

thank you

 

[RBV]

Hey there @canuck_in_uk and @Buletruck ,

Just to let you know for future reference that my sponsorship eligibility has been approved and my spouse has received passport request as well. Thought its worth letting you know because you guys seem to be helping people here for a long time and this information might be of help for others in future.
I just explained the entire situation in a letter of explanation to IRCC with all possible evidences and also contacted CBSA to contact the officer who did my landing. Eventually, all efforts paid off.

I am one of those few lucky ones who got away with 117(9)(d).

 

[Wonderland_1010]

Hey there @canuck_in_uk and @Buletruck ,

Just to let you know for future reference that my sponsorship eligibility has been approved and my spouse has received passport request as well. Thought its worth letting you know because you guys seem to be helping people here for a long time and this information might be of help for others in future.
I just explained the entire situation in a letter of explanation to IRCC with all possible evidences and also contacted CBSA to contact the officer who did my landing. Eventually, all efforts paid off.

I am one of those few lucky ones who got away with 117(9)(d).

How did you contact the landing officer who processed your landing? Did you just call CSBA?

 

[RBV]

How did you contact the landing officer who processed your landing? Did you just call CSBA?

No if I called then they wouldn’t consider my request. I mailed a letter with my COPR to border where I landed.

 

[Wonderland_1010]

No if I called then they wouldn’t consider my request. I mailed a letter with my COPR to border where I landed.

And CBSA replied you back?

 

[RBV]

And CBSA replied you back?

Yes. Got a call from them.