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HKVO advice needed

Phalos

Champion Member
Jun 19, 2020
2,566
1,293
I would just go back. Why? because 95% it will convince HKVO of your serious intention and Pre Arrival will be like next day after....and PPR very shortly, so you wife would join you back very soon.
Whereas staying well that's opening a whole can of worms.....
I mean...you can try to satisfy them from China and go back on PFL, its a tough one.
 

scylla

VIP Member
Jun 8, 2010
92,893
20,518
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
There's an example of a PFL right there in the beginning of the thread!!!!

Today I received another email from CIC:

Dear Applicant,

This refers to your application for permanent residence in 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.

Section 120 of the Regulations states that for the purposes of Part 5 of the Regulations,

(a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect, and
(b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, Section 137.

Subsection 130(2) states that A sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

Subsection 133(1)(a) of the Regulations states (in part) that a sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor is a sponsor as described in Section 130.

On the evidence submitted I am not satisfied that your sponsor intends to reside in Canada. I noted that your sponsor has been mostly living outside Canada since at least 2012. Your sponsor is self-employed and thus is not committed to reside in Canada due to his work obligations. According to your submission dated May 2014, your sponsor intends to move to Canada once you are granted a permanent resident visa. However, I am not satisfied that this is a sufficient evidence of his intention to relocate to Canada. You did not provide explanation from your sponsor regarding his intention to return to Canada as to why, when, where you plan to reside, how to support yourselves financially, etc. You did not provide any documentary evidence of any commitment with any third parties that would make your sponsor return to Canada, that of your sponsor's intention to relocate to Canada and that of steps you have undertaken to prepare your relocation. Accordingly he does not meet the requirements of subsection 130(2) of the Regulations. As a result, you do not meet the requirements of section 120 of the Regulations.

By this letter, you are given thirty (30) days in which to present any documentation that would address our concerns mentioned above. If we do not receive any documentation within 30 days of the date of this letter, your application will be assessed on the basis of the information already before the officer and could result in the refusal of your application.

All requested documents not originally in English or French must be accompanied by a notarized translation into English or French.

Yours truly,

Immigration Officer


At this point I really do not know what to do...
Is this the letter you received or that someone else received? Only your letter matters. What does your letter say exactly?

The short answer to your question is that you need to provide stronger evidence of intent to return. What evidence exactly did you include with your original application? Any bank statements for assets in Canada? Property ownership? Job offers or discussions with future employers? Letters from family that will help you get settled / give you a place to live? If you tell us exactly what you included in your original application then we may be able to give you suggestions on how to respond now and augment this.

You want to make sure you provide a strong response. You absolutely want to avoid a refusal and the need to appeal. While it sounds like you would love a day to fight this out through the appeal process and have your voice heard - the reality is that this will extend the process by years. You don't want that.

You need to focus on providing a strong response back with strong evidence of intent to return. We can help you but you need to provide information about what you've included already.
 

Phalos

Champion Member
Jun 19, 2020
2,566
1,293
Is this the letter you received or that someone else received? Only your letter matters. What does your letter say exactly?
No not me, someone else on the thread that you gave. I am not outside Canada.

The thing with IRCC is that they don't like it, they really dont like it when a sponsor lives with his spouse abroad.
Why? because all their bullshit about proving genuine relationship is moot because sponsor is LIVING with their spouse and that in itself PROVES genuine. Asking for chats bank transfers and all that bullshit becomes silly because as one member said earlier - should I messasge my husband sitting next to him on the couch?

Thats why the only card they have up their sleeve to REFUSE in this scenario is a PFL of sponsor not intending to go back. If you ask me, in a fair system, if a sponsor chooses to live abroad, sacrificing his life in Canada, that should be an automatic Pre Arrival. But IRCC wants to make it hell for all.
 

dw33

Champion Member
Dec 28, 2020
2,041
440
The letter came to gckeys. It said Information required.

First had my wifes name
Asking for marriage license. I had submitted marriage registration. I have the marriage license here.
Next under my name they asked for my passport last five year of all pages. I had said in our application I had not been home in five years and I havent. So I will show that. The last part was my wife and I have to show CUTTING OF TIES WITH CHINA, SHOW FUNDS TRANSFERRED, SHOW JOBS RESIGNED FROM, SHOW RENTAL OR THAT WE HAVE LOOKED AT RENTING OR BUYING, SHOW INTENT TO LEAVE. Thos three things were what they asked for. My opinion the INTENT TO IMMIGRATE is the serious part. I think they believe we our relationship is genuine. Im lost at do I leave or stay.
 

Phalos

Champion Member
Jun 19, 2020
2,566
1,293
The letter came to gckeys. It said Information required.

First had my wifes name
Asking for marriage license. I had submitted marriage registration. I have the marriage license here.
Next under my name they asked for my passport last five year of all pages. I had said in our application I had not been home in five years and I havent. So I will show that. The last part was my wife and I have to show CUTTING OF TIES WITH CHINA, SHOW FUNDS TRANSFERRED, SHOW JOBS RESIGNED FROM, SHOW RENTAL OR THAT WE HAVE LOOKED AT RENTING OR BUYING, SHOW INTENT TO LEAVE. Thos three things were what they asked for. My opinion the INTENT TO IMMIGRATE is the serious part. I think they believe we our relationship is genuine. Im lost at do I leave or stay.
OF COURSE the INTENT TO IMMIGRATE is the serious part. The other parts are just added to try to distract you from the important part.
 

Phalos

Champion Member
Jun 19, 2020
2,566
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The last part was my wife and I have to show CUTTING OF TIES WITH CHINA, SHOW FUNDS TRANSFERRED, SHOW JOBS RESIGNED FROM, SHOW RENTAL OR THAT WE HAVE LOOKED AT RENTING OR BUYING, SHOW INTENT TO LEAVE.
Its very simple, if you can show all that, then by all means stay and do so....if you cannot or think it will be a weak to satisfy, then you need to leave ASAP. Simple.
 

dw33

Champion Member
Dec 28, 2020
2,041
440
Im certain I will leave. Talking to sister and mom now. This is such bullshit. If I go home cant even take a cat, because no time. Quarantine 14days rush to get documents. Then have to.fly.back, wow I am so pissed off right now
 

Phalos

Champion Member
Jun 19, 2020
2,566
1,293
Im certain I will leave. Talking to sister and mom now. This is such bullshit. If I go home cant even take a cat, because no time. Quarantine 14days rush to get documents. Then have to.fly.back, wow I am so pissed off right now
I hear you brother, but I'm glad you have the will power to get up and go. It will pay off in the end.
I'm sorry this happened to you...looking forward to your posts from Quarantine!
IRCC wants to make our lives hell until the last step. You go man, go and stick that ADR up their butts.
 

dw33

Champion Member
Dec 28, 2020
2,041
440
Well my mother just called agent. Im trying to get a rental contract for a year with mine and wifes name. Im transferring litterally 80 percent of our money into a new bank acclunt in our name in next few days once set up. Wife will quit her job this week with letter of resignation. Will show me talking to pet agency and plan to take cats. Will show me talking to apartment owner. And me leaving stating why I left and how my wife is alone in China, no job, little money. With three cats, Explain I will have to fly back, and quarantine twice. Will they give me a problem if no job in Canada? Such bullshit
 

Phalos

Champion Member
Jun 19, 2020
2,566
1,293
Well my mother just called agent. Im trying to get a rental contract for a year with mine and wifes name. Im transferring litterally 80 percent of our money into a new bank acclunt in our name in next few days once set up. Wife will quit her job this week with letter of resignation. Will show me talking to pet agency and plan to take cats. Will show me talking to apartment owner. And me leaving stating why I left and how my wife is alone in China, no job, little money. With three cats, Explain I will have to fly back, and quarantine twice. Will they give me a problem if no job in Canada? Such bullshit
sorry you confused me. you intend to fly back or just explain the hardship of flying back?