Humanitarian and Compassionate grounds

[Odunayoo]

I got my visa to come to Canada in September 2011. I got married on the 12th of April 2012 (seven days before landing in Canada) and applied to sponsor my wife in December 2012 but it was denied because I did not inform them about my change of status before landing in Canada.

However, I was advised to either withdraw the application or appeal. I hired an immigration consultant and the appeal case was held on 18th June 2015 in Regina but it was dismissed.

I admit that not informing the visa office about my change of status is an offense. It wasn’t for any malicious or fraudulent purpose but I was ignorant about it.

I have traveled to visit her four times. Our relationship is genuine. She is my truly wedded wife. The separation is affecting me financially and otherwise. (IRCC acknowledged our true relationship)

I have applied on Humanitarian & Compassionate grounds with the help of an immigration lawyer. It was received on the 6th of July 2017 and got a mail that it has been forwarded to the visa office in Accra, Ghana since November 2017. I haven't heard anything since then.

Processing time for H and C cases is 30 months- that is three years from now which would amount to eight/nine years without her.

My question is would it be the exact 30 months before I get a response from the immigration office and is there any hope of getting a positive response?


Thank you

 

[zardoz]

I got my visa to come to Canada in September 2011. I got married on the 12th of April 2012 (seven days before landing in Canada) and applied to sponsor my wife in December 2012 but it was denied because I did not inform them about my change of status before landing in Canada.

However, I was advised to either withdraw the application or appeal. I hired an immigration consultant and the appeal case was held on 18th June 2015 in Regina but it was dismissed.

I admit that not informing the visa office about my change of status is an offense. It wasn’t for any malicious or fraudulent purpose but I was ignorant about it.

I have traveled to visit her four times. Our relationship is genuine. She is my truly wedded wife. The separation is affecting me financially and otherwise. (IRCC acknowledged our true relationship)

I have applied on Humanitarian & Compassionate grounds with the help of an immigration lawyer. It was received on the 6th of July 2017 and got a mail that it has been forwarded to the visa office in Accra, Ghana since November 2017. I haven't heard anything since then.

Processing time for H and C cases is 30 months- that is three years from now which would amount to eight/nine years without her.

My question is would it be the exact 30 months before I get a response from the immigration office and is there any hope of getting a positive response?


Thank you

As your case is available for anyone to find, given that you provided lots of detail, I'll link to it. It contains clear information about 117(9)(d) and it's applicability. This can serve as a clarification for others.

https://www.canlii.org/en/ca/irb/doc/2015/2015canlii97943/2015canlii97943.html

30 months is a statistical average for completing 80% of applications. It does not mean that any specific application will be processed in that time.

You want an honest opinion? Not a good chance of success. You should apply for your GCMS notes. Details are on the forum if you search.

 

[Rob_TO]

I got my visa to come to Canada in September 2011. I got married on the 12th of April 2012 (seven days before landing in Canada) and applied to sponsor my wife in December 2012 but it was denied because I did not inform them about my change of status before landing in Canada.

However, I was advised to either withdraw the application or appeal. I hired an immigration consultant and the appeal case was held on 18th June 2015 in Regina but it was dismissed.

I admit that not informing the visa office about my change of status is an offense. It wasn’t for any malicious or fraudulent purpose but I was ignorant about it.

I have traveled to visit her four times. Our relationship is genuine. She is my truly wedded wife. The separation is affecting me financially and otherwise. (IRCC acknowledged our true relationship)

I have applied on Humanitarian & Compassionate grounds with the help of an immigration lawyer. It was received on the 6th of July 2017 and got a mail that it has been forwarded to the visa office in Accra, Ghana since November 2017. I haven't heard anything since then.

Processing time for H and C cases is 30 months- that is three years from now which would amount to eight/nine years without her.

My question is would it be the exact 30 months before I get a response from the immigration office and is there any hope of getting a positive response?


Thank you

You committed misrepresentation, whether intentional or not. There was clear instructions provided with your COPR to update visa office with any changes to your family composition. Your COPR also clearly stated "single" and no spouse, which you used to land with. So typically ignorance of the rules is not a valid excuse for H&C cases.

Unfortunately I think the most likely scenario here is the H&C app is denied. Else everyone in this situation could simply submit a H&C app and there would be little repercussion to the non-declaration rule. However H&C apps can be unpredictable, so you can certainly continue and hope for the best.

In hindsight, you probably should have simply renounced your own PR status back in 2012, returned to home country, and spent all this time trying to re-qualify for PR from scratch in which case you could have included your wife in a new application.

 

[Odunayoo]

Thanks for your response.
So does this means that she is inadmissible for life?
However, I read that the penalty for any kind of misrepresentation is 5 years ban after which you can apply. 2012- 2017 is 5 years and that's why I waited till July 2017

 

[Odunayoo]

As your case is available for anyone to find, given that you provided lots of detail, I'll link to it. It contains clear information about 117(9)(d) and it's applicability. This can serve as a clarification for others.

https://www.canlii.org/en/ca/irb/doc/2015/2015canlii97943/2015canlii97943.html

30 months is a statistical average for completing 80% of applications. It does not mean that any specific application will be processed in that time.

You want an honest opinion? Not a good chance of success. You should apply for your GCMS notes. Details are on the forum if you search.

Thanks for your response. Does this means she's inadmissible for life after serving the 5 years ban before reapplying?

 

[canuck_in_uk]

Thanks for your response. Does this means she's inadmissible for life after serving the 5 years ban before reapplying?

The 5 year ban, if one was even applied, is irrelevant. She is FOREVER excluded from the Family Class because you didn't declare her.

 

[Buletruck]

She isn’t inadmissible. She just can’t be sponsored as a spouse (most likely ever, unless you renounce your status ans a PR and re-apply). There isn’t anything stopping her from applying to immigrate on her own through one of the other streams available.

 

[Odunayoo]

She isn’t inadmissible. She just can’t be sponsored as a spouse (most likely ever, unless you renounce your status ans a PR and re-apply). There isn’t anything stopping her from applying to immigrate on her own through one of the other streams available.

I became a citizen last year july. Do i have to renounce my citizenship, go back to my home country and reapply?

 

[BeeA]

Would your wife be able to qualify to immigrate on her own ? Probably through express entry. What are her qualifications, she will need to write IELTS. How old is she? Does she have any work experience?

 

[zardoz]

I became a citizen last year july. Do i have to renounce my citizenship, go back to my home country and reapply?

You have certainly made life difficult for yourself. You probably need to wait and see how the H&C application works out. If your wife can immigrate on her own, it would be best.

 

[Odunayoo]

You have certainly made life difficult for yourself. You probably need to wait and see how the H&C application works out. If your wife can immigrate on her own, it would be best.

If she try to immigrate on her own won't IRCC deny her because they know she has someone in canada?

 

[Odunayoo]

Would the best interest of a child play a major role?

 

[Rob_TO]

If she try to immigrate on her own won't IRCC deny her because they know she has someone in canada?

No, she is not ineligible to apply herself. If she has the education/skilled work experience required to qualify for Express Entry or PNP program or something, she can apply and if accepted she can become a PR that way.

Your misrepresentation only means you can never sponsor her under a family class application. Basically she is not recognized as your family member since you didn't declare her.

Would the best interest of a child play a major role?

It may help in a H&C app, but ultimately IRCC is incredibly strict with the non-declaration of family members so I would still imagine a very high chance any effort to sponsor her for PR will fail in a H&C app. Although there is certainly no harm in trying. Eventually though if you exhaust all your options and everything ends in rejection, and she is ineligible to apply on her own, your only course of action will probably be to renounce your citizenship and PR, leave Canada and try all over from the beginning again.

 

[Odunayoo]

Wow!!!!! Renounce everything? That would be so difficult to do. This is very tough.
Its an offence that has no forgiveness. Omg

 

[canuck_in_uk]

Wow!!!!! Renounce everything? That would be so difficult to do. This is very tough.
Its an offence that has no forgiveness. Omg

You don't quite seem to understand that you committed serious immigration fraud. You received forgiveness because IRCC chose not to revoke your status and deport you from Canada.