News From My MP's Office

[Eelhsa]

Hi everyone!

My MP's office contacted me today regarding the issues with our visa application (as outlined in previous threads). She informed me that she was told that as I currently live in the United States, I am unable to actually sponsor my husband for permanent residency.

CIC has not made a final decision on our case yet, but it seems as though they may reject our application due to the fact that I live outside of Canada.

Has anyone here successfully sponsored their spouse from outside Canada? What else might I be able to do in our situation?

 

[zardoz]

Hi everyone!

My MP's office contacted me today regarding the issues with our visa application (as outlined in previous threads). She informed me that she was told that as I currently live in the United States, I am unable to actually sponsor my husband for permanent residency.

CIC has not made a final decision on our case yet, but it seems as though they may reject our application due to the fact that I live outside of Canada.

Has anyone here successfully sponsored their spouse from outside Canada? What else might I be able to do in our situation?

If you are a Canadian citizen, you do have the right to sponsor your spouse from outside Canada (eg the USA) but you MUST demonstrate "intent" to return to Canada permanently once PR is granted. Failure to do so will almost certainly result in a refusal.

https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-29.html#h-74

DIVISION 3Sponsors
Marginal note:Sponsor

• 130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
  
  • (a) is at least 18 years of age;
    
    
  • (b) resides in Canada; and
    
    
  • (c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.
    
• Marginal note:Sponsor not residing in Canada
  
  (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.
  

 

[Eelhsa]

If you are a Canadian citizen, you do have the right to sponsor your spouse from outside Canada (eg the USA) but you MUST demonstrate "intent" to return to Canada permanently once PR is granted. Failure to do so will almost certainly result in a refusal.

https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-29.html#h-74

DIVISION 3Sponsors
Marginal note:Sponsor

• 130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
  • (a) is at least 18 years of age;
    
    
  • (b) resides in Canada; and
    
    
  • (c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.
• Marginal note:Sponsor not residing in Canada
  
  (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

Yes, thank you. That is what we thought, but we've been having nothing but trouble with our application and then today my MP's office was informed that I cannot sponsor my husband as I live in the United States.

We sent in everything we could to demonstrate intent, (re-settlement plan, letters from family and friends, Canadian bank account information, records of a recent trip to Canada etc.)

It's really not looking good for us, and I have no idea why.

 

[zardoz]

Yes, thank you. That is what we thought, but we've been having nothing but trouble with our application and then today my MP's office was informed that I cannot sponsor my husband as I live in the United States.

We sent in everything we could to demonstrate intent, (re-settlement plan, letters from family and friends, Canadian bank account information, records of a recent trip to Canada etc.)

It's really not looking good for us, and I have no idea why.

Either your MP's office misunderstood or there is something else going on. You have the link to the legislation now.
Maybe order your GCMS notes? Details of the process are in other forum threads. Also, consider professional assistance from a competent immigration lawyer. Perhaps start with those that host this site?

 

[Eelhsa]

Either your MP's office misunderstood or there is something else going on. You have the link to the legislation now.
Maybe order your GCMS notes? Details of the process are in other forum threads. Also, consider professional assistance from a competent immigration lawyer. Perhaps start with those that host this site?

It seemed that what they told her was pretty clear regarding my inability to sponsor from outside Canada. Yes, I do agree that there is something else going on. I may look into getting a lawyer if it comes to that. It’s bizarre how something seems to be so wrong with our case. Why would they have even sent us the initial letter with the UCI and Application numbers?

Beyond stressful.

 

[scylla]

It seemed that what they told her was pretty clear regarding my inability to sponsor from outside Canada. Yes, I do agree that there is something else going on. I may look into getting a lawyer if it comes to that. It’s bizarre how something seems to be so wrong with our case. Why would they have even sent us the initial letter with the UCI and Application numbers?

Beyond stressful.

Keep in mind that MPs are very far from immigration experts and frequently misunderstand immigration rules and/or what they are told by IRCC. Having said that, it does sound like your application is unfortunately heading down the path of refusal. Have you ordered your GCMS notes to see what they say? As others have said, it's certainly possible to sponsor your spouse while living outside of Canada provided you are a citizen. There are limited reasons why you can't sponsor (i.e. where it's literally impossible). These include certain criminality issues, situations where someone has sponsored a person before and they are still responsible for supporting them or that individual took social assistance that hasn't been repaid, undischarged bankruptcies. Not much more than that. Sorry you're going through this.

 

[Eelhsa]

Keep in mind that MPs are very far from immigration experts and frequently misunderstand immigration rules and/or what they are told by IRCC. Having said that, it does sound like your application is unfortunately heading down the path of refusal. Have you ordered your GCMS notes to see what they say? As others have said, it's certainly possible to sponsor your spouse while living outside of Canada provided you are a citizen. There are limited reasons why you can't sponsor (i.e. where it's literally impossible). These include certain criminality issues, situations where someone has sponsored a person before and they are still responsible for supporting them or that individual took social assistance that hasn't been repaid, undischarged bankruptcies. Not much more than that. Sorry you're going through this.

So, would you have any idea why an application to sponsor would be refused if none of the above excluding factors apply?

I am a Canadian citizen who has demonstrated intent to return to Canada along with all the other documentation requested. We are just truly at a loss as to why they would refuse us. In all honesty, our application was pretty straightforward and uncomplicated. It seems as though there actually is no reason for them to reject it. Can they just reject applications arbitrarily?

 

[scylla]

So, would you have any idea why an application to sponsor would be refused if none of the above excluding factors apply?

I am a Canadian citizen who has demonstrated intent to return to Canada along with all the other documentation requested. We are just truly at a loss as to why they would refuse us. In all honesty, our application was pretty straightforward and uncomplicated. It seems as though there actually is no reason for them to reject it. Can they just reject applications arbitrarily?

The only reason I see is related to the evidence you'll move once the visa is approved. However this doesn't means sponsorship is impossible (or that you're unable), it just means you need to provide enough hard evidence that you will return to live here.

You're not getting the full / accurate story from your MP. The fact the word 'unable' was used makes that quite clear.

Order your GCMS notes if you haven't already. That's where you'll get the details you need to answer the question.

 

[Eelhsa]

The only reason I see is related to the evidence you'll move once the visa is approved. However this doesn't means sponsorship is impossible (or that you're unable), it just means you need to provide enough hard evidence that you will return to live here.

You're not getting the full / accurate story from your MP. The fact the word 'unable' was used makes that quite clear.

Order your GCMS notes if you haven't already. That's where you'll get the details you need to answer the question.

Can I order the GCMS notes while I’m living in the U.S. One thread here said something about needing to be in Canada.

Also, what happens if the GCMS notes don’t get to me before CIC formally refuses our application?

 

[zardoz]

Can I order the GCMS notes while I’m living in the U.S. One thread here said something about needing to be in Canada.

Also, what happens if the GCMS notes don’t get to me before CIC formally refuses our application?

They will have to send you a "Procedural Fairness Letter" and provide you time to respond.

 

[Eelhsa]

They will have to send you a "Procedural Fairness Letter" and provide you time to respond.

What is a "Procedural Fairness Letter"?

 

[kcward7]

What is a "Procedural Fairness Letter"?

It's a letter they will send giving you a last chance to submit something, explain something, etc before they refuse the application.

 

[Eelhsa]

It's a letter they will send giving you a last chance to submit something, explain something, etc before they refuse the application.

Okay, do they always send the "Procedural Fairness Letter"? My local MP's office was finally able to get the requested information into CIC (or rather, the CRA printouts demonstrating definitively that the requested information does not exist), I haven't hear a single thing more from CIC regarding our case yet. I have yet to be approved or refused as a sponsor. We also received an extension, so is it likely that they will not contact us further until near the end of the extension period?

 

[kcward7]

Okay, do they always send the "Procedural Fairness Letter"? My local MP's office was finally able to get the requested information into CIC (or rather, the CRA printouts demonstrating definitively that the requested information does not exist), I haven't hear a single thing more from CIC regarding our case yet. I have yet to be approved or refused as a sponsor. We also received an extension, so is it likely that they will not contact us further until near the end of the extension period?

They should, yes but IRCC is known to be inconsistent nothing is ever guaranteed.

 

[Eelhsa]

They should, yes but IRCC is known to be inconsistent nothing is ever guaranteed.

Yes, I've gathered that much already. We received a request for additional information on October 30th, our AoR 1 on November 5th, and then all the hassle to actually get the additional information issue sorted out. It's been complete silence since then.