How to make sure a spousal sponsorship application will be refused

[Anonymous1998]

My family forced me to sponsor a relative to Canada through spousal sponsorship. The wedding and documents are all real but I did not want to go through with the marriage but I am afraid my parents will kick me out and cut my funding for school, as well as my extended family disowning me. I am only 18 . On top of this I’ve been with a guy, also from back home, for 3 years and my father will not approve for us to ever marry in the future which is needed back home. I’m afraid that the sponsorship will get accepted and prevent me from ever being able to actually marry and sponsor the person I love to come live with me in the future. What are ways to ensure that cic will figure out that this marriage was forced and of convenience, without me making it obvious that I caused them to know because of my parents? What do they look for when trying to determine if the marriage was of convenience and how can I make it obvious for them without my parents knowing?

 

[k.h.p.]

Call IRCC and tell them. They cannot disclose what they are told to anyone unless you have authorized it.

Have you signed a representative form to allow them access to your application? If you have, you should revoke it.

 

[scylla]

My family forced me to sponsor a relative to Canada through spousal sponsorship. The wedding and documents are all real but I did not want to go through with the marriage but I am afraid my parents will kick me out and cut my funding for school, as well as my extended family disowning me. I am only 18 . On top of this I’ve been with a guy, also from back home, for 3 years and my father will not approve for us to ever marry in the future which is needed back home. I’m afraid that the sponsorship will get accepted and prevent me from ever being able to actually marry and sponsor the person I love to come live with me in the future. What are ways to ensure that cic will figure out that this marriage was forced and of convenience, without me making it obvious that I caused them to know because of my parents? What do they look for when trying to determine if the marriage was of convenience and how can I make it obvious for them without my parents knowing?

You need to submit a case specific inquiry and withdraw your sponsorship so that the application is canceled.

Otherwise you should assume IRCC will approved the application since the wedding and all documents are real. IRCC will most likely assume this was an arranged marriage which is perfectly acceptable.

 

[Anonymous1998]

Call IRCC and tell them. They cannot disclose what they are told to anyone unless you have authorized it.

Have you signed a representative form to allow them access to your application? If you have, you should revoke it.

I have not yet signed a representative form, as my parents are still waiting for him to send all the documents, so I have not started my end of the application so thank you very much I’ll keep in mind to not do so!!
If I were to tell ircc before the application is sent what would they do? Would they still review the application after it is sent and send a letter of refusal or just not accept the application at all? And if they do send a letter of refusal will it state the reasoning such as “ suspicion of marriage of convenience” or just state that the application is refused? Thank you very very much !!!

 

[Anonymous1998]

You need to submit a case specific inquiry and withdraw your sponsorship so that the application is canceled.

Otherwise you should assume IRCC will approved the application since the wedding and all documents are real. IRCC will most likely assume this was an arranged marriage which is perfectly acceptable.

I’m afraid that if I were to withdraw the application, my parents would know that I had because they would be awaiting the letter of approval.

 

[scylla]

I’m afraid that if I were to withdraw the application, my parents would know that I had because they would be awaiting the letter of approval.

I'm afraid that submitting the withdrawal / cancellation of your sponsorship is the only real option I see if you want to make sure the application does not succeed.

Otherwise this looks like a genuine arranged marriage and arranged marriages are regularly approved.

 

[scylla]

I have not yet signed a representative form, as my parents are still waiting for him to send all the documents, so I have not started my end of the application so thank you very much I’ll keep in mind to not do so!!
If I were to tell ircc before the application is sent what would they do? Would they still review the application after it is sent and send a letter of refusal or just not accept the application at all? And if they do send a letter of refusal will it state the reasoning such as “ suspicion of marriage of convenience” or just state that the application is refused? Thank you very very much !!!

If you do this, most likely a PFL (procedural fairness letter) will be sent by IRCC stating that they have received information stating the marriage isn't genuine and will ask you to submit proof to show the marriage is in fact real. The detailed case notes will indicate that someone has contacted IRCC with this information.

 

[k.h.p.]

If you do this, most likely a PFL (procedural fairness letter) will be sent by IRCC stating that they have received information stating the marriage isn't genuine and will ask you to submit proof to show the marriage is in fact real. The detailed case notes will indicate that someone has contacted IRCC with this information.

Yes, but it won't necessarily provide information on who made the report unless (1) it was you or your "spouse" and (2) either you or your spouse submitted the request for notes. Which I imagine you would if your parents forced you.

 

[scylla]

Yes, but it won't necessarily provide information on who made the report unless (1) it was you or your "spouse" and (2) either you or your spouse submitted the request for notes. Which I imagine you would if your parents forced you.

Agreed. The notes will just indicate that someone has made IRCC aware this isn't a genuine marriage (but won't say who).

 

[Sarahannclarke5]

This is a case similar to your own. The sponsoring wife withdrew, and they gave the husband a copy of the wifes withdrawl fax. You do have the ability to write a letter while in process stating this is a marriage of convenience but may need evidence depending on the officer. You dont have to sign it. I would state the obvious, and say not to even send the application, but as you have stated that you may have repercussions, i wouldnt want to put someone in harms way. If it were me, i wouldnt send it.


https://www.canlii.org/en/ca/irb/doc/2010/2010canlii101111/2010canlii101111.html?searchUrlHash=AAAAAQAnIHNwb25zb3JzaGlwIHBhcmVudHMgd2l0aGRyYXduIGFycmFuZ2VkAAAAAAE&resultIndex=2

 

[k.h.p.]

This is a case similar to your own. The sponsoring wife withdrew, and they gave the husband a copy of the wifes withdrawl fax. You do have the ability to write a letter while in process stating this is a marriage of convenience but may need evidence depending on the officer. You dont have to sign it. I would state the obvious, and say not to even send the application, but as you have stated that you may have repercussions, i wouldnt want to put someone in harms way. If it were me, i wouldnt send it.


https://www.canlii.org/en/ca/irb/doc/2010/2010canlii101111/2010canlii101111.html?searchUrlHash=AAAAAQAnIHNwb25zb3JzaGlwIHBhcmVudHMgd2l0aGRyYXduIGFycmFuZ2VkAAAAAAE&resultIndex=2

The fact pattern in this case shows that the visa office sent the husband a copy of the fax withdrawal request because he asserted that there had been no withdrawal. That is a sensible response; unfortunately, if the withdrawal request states "because this is a forced marriage" then that would be provided as well.

This case was decided in 2010 based on facts from 1999. A lot of the processes around spousal sponsorships have changed since then.

In the current spousal application form, there is a question that both the PA and sponsor must individually answer, relating to an investigation into the relationship and if the person consents to the details of that investigation being disclosed to the other spouse. In the OP's case, the answer to that question must be no to protect herself.

 

[YVR123]

Do not send out the application. Try to start looking for part time job and getting a student loan and seek for independant living.
I hope they won't force you to actually marrying and living with him... That would be so sad....
But it's not unheard of specially you have a lover that they do not approve....

Good luck,

 

[canuck78]

Unfortunately you may need to make some tough decisions. Your happiness and well being is most important in the longterm. There are organizations that you can reach out to if things go badly with your parents.

 

[Sarahannclarke5]

The fact pattern in this case shows that the visa office sent the husband a copy of the fax withdrawal request because he asserted that there had been no withdrawal. That is a sensible response; unfortunately, if the withdrawal request states "because this is a forced marriage" then that would be provided as well.

This case was decided in 2010 based on facts from 1999. A lot of the processes around spousal sponsorships have changed since then.

In the current spousal application form, there is a question that both the PA and sponsor must individually answer, relating to an investigation into the relationship and if the person consents to the details of that investigation being disclosed to the other spouse. In the OP's case, the answer to that question must be no to protect herself.

Yes, i agree. I was just offering a case similar so op can see what has happened before.
I personally wouldnt even send in an application

 

[k.h.p.]

Yes, i agree. I was just offering a case similar so op can see what has happened before.
I personally wouldnt even send in an application

Unfortunately, it seems that OP's parents will force her to send it in, so the best she can do is a poison pill letter for herself.