Hello,
I desperately need help
I got nominated through provincial nominee program in Canada and i am married person.I haven't include my wife in my Provincial nominee.
I provide all details of her in my PNP. I don't have good relationship with my wife so i decided to give her a divorce. Due to rules in my country i have to wait for 1 year to get divorce from her.
I also exclude her in my permanent residence application. There is a question in application" Reason why your wife is not accompanying you to Canada" I gave answer " Divorce process is going on
I submitted my PR file on 29th August 2013 and i got my medical alone and i did that. Since October there is no process till date and now i got email from CIC today about my spouse and asked me to submit proof or documents which i don't have yet
I don't have divorce certificate and now next month i am going to put a divorce case in a court. CIC asked me to submit proof but i don't have that.
So how i respond CIC????????
Here is Mail i got from CIC.
In assessing your application we note that you have a non-accompanying dependent, your spouse. In order to continue the processing of your application, we request that you read the following information and take appropriate action.
All family members, whether accompanying or not, are required to be examined to ensure that they are not inadmissible. If your family member is found to be inadmissible, you will be found to be inadmissible as per section 42(a) of the Immigration and Refugee Protection Act which stipulates the following:
42. A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if
(a) their accompanying family member or, in prescribed circumstances, their non-
accompanying family member is inadmissible
There are only two exceptions to this: a spouse from whom you are legally separated or a child who is in the sole legal custody or guardianship of someone other than you or your current spouse or partner. In these two instances, their inadmissibility would not render you inadmissible. However, because separated spouse can reconcile and custody arrangements for children may change, examination is required in order to safeguard the future right to sponsor them in the family class.
You must make every effort to have your non-accompanying family members examined. You cannot simply choose not to have them examined. If you are unable to meet this requirement, you must satisfy an officer that extenuating circumstances prevent you from doing so. An officer will then determine if the non-accompanying family member can be excluded as a member of the family class.
If a non-accompanying family member is not examined, including a spouse from whom you are legally separated or a child who is in the sole legal custody or guardianship of someone other than you or your current spouse or partner, you will not be able to sponsor that person at a later date as a member of the family class. If you try in future to sponsor a person who was a non-examined non-accompanying dependent, that person will not meet the definition of a member of the Family Class because that person will be described under section 117(9)(d) of the Immigration and Refugee Protection Regulations which stipulates the following:
117(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if:
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
If you wish to be able to sponsor spouse as a member of the family class in the future please ensure she completes a medical examination and/or provides specific the information/documents required for specify criminal and/or security screening, as per instructions provided on our website http://www.cic.gc.ca/english/information/applications/index.asp
If spouse is unwilling or unable to be medically examined and/or undergo criminal and/or security screening, despite your best efforts, please provide a letter and supporting documentation explaining the circumstances and sign the attached declaration acknowledging (PAGE 4) that you will not be able to sponsor him/her as a member of the family class in the future. Please provide this within 60 days of the date of this letter.
This red color paragraph is what i concern.
I desperately need help
I got nominated through provincial nominee program in Canada and i am married person.I haven't include my wife in my Provincial nominee.
I provide all details of her in my PNP. I don't have good relationship with my wife so i decided to give her a divorce. Due to rules in my country i have to wait for 1 year to get divorce from her.
I also exclude her in my permanent residence application. There is a question in application" Reason why your wife is not accompanying you to Canada" I gave answer " Divorce process is going on
I submitted my PR file on 29th August 2013 and i got my medical alone and i did that. Since October there is no process till date and now i got email from CIC today about my spouse and asked me to submit proof or documents which i don't have yet
I don't have divorce certificate and now next month i am going to put a divorce case in a court. CIC asked me to submit proof but i don't have that.
So how i respond CIC????????
Here is Mail i got from CIC.
In assessing your application we note that you have a non-accompanying dependent, your spouse. In order to continue the processing of your application, we request that you read the following information and take appropriate action.
All family members, whether accompanying or not, are required to be examined to ensure that they are not inadmissible. If your family member is found to be inadmissible, you will be found to be inadmissible as per section 42(a) of the Immigration and Refugee Protection Act which stipulates the following:
42. A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if
(a) their accompanying family member or, in prescribed circumstances, their non-
accompanying family member is inadmissible
There are only two exceptions to this: a spouse from whom you are legally separated or a child who is in the sole legal custody or guardianship of someone other than you or your current spouse or partner. In these two instances, their inadmissibility would not render you inadmissible. However, because separated spouse can reconcile and custody arrangements for children may change, examination is required in order to safeguard the future right to sponsor them in the family class.
You must make every effort to have your non-accompanying family members examined. You cannot simply choose not to have them examined. If you are unable to meet this requirement, you must satisfy an officer that extenuating circumstances prevent you from doing so. An officer will then determine if the non-accompanying family member can be excluded as a member of the family class.
If a non-accompanying family member is not examined, including a spouse from whom you are legally separated or a child who is in the sole legal custody or guardianship of someone other than you or your current spouse or partner, you will not be able to sponsor that person at a later date as a member of the family class. If you try in future to sponsor a person who was a non-examined non-accompanying dependent, that person will not meet the definition of a member of the Family Class because that person will be described under section 117(9)(d) of the Immigration and Refugee Protection Regulations which stipulates the following:
117(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if:
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
If you wish to be able to sponsor spouse as a member of the family class in the future please ensure she completes a medical examination and/or provides specific the information/documents required for specify criminal and/or security screening, as per instructions provided on our website http://www.cic.gc.ca/english/information/applications/index.asp
If spouse is unwilling or unable to be medically examined and/or undergo criminal and/or security screening, despite your best efforts, please provide a letter and supporting documentation explaining the circumstances and sign the attached declaration acknowledging (PAGE 4) that you will not be able to sponsor him/her as a member of the family class in the future. Please provide this within 60 days of the date of this letter.
This red color paragraph is what i concern.
