please anyone can help me in this situation because i am totally disappoint and my mind is not working . we are living together in Pakistan so what they need more for that also after divorce my sponser dont have contact with ex husband she got divorce peper only. .and after that she dont know if her ex husband register or not before filling application she obtain certificate from arbitration council because its recognised for canda and Pakistan . so now got letter from visa officer . so upset please help me in this situation as i am suffering this from long time.
This refers to your application for permanent residence in Canada as a member of the Family Class. I have reviewed your application and all of the documents you submitted in support of it. It appears that you may not meet the requirements for immigration to Canada. Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act. I have determined that you may not meet the requirements of the Immigration and Refugee Protection Act because you are a person described in paragraph A12(1), R2 marriage, R117(1)(a), R117(9)(c)(i), R4 of the Act. You may therefore be inadmissible to Canada. 12 (1) 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. R2. “marriage”, in respect of a marriage that took place outside Canada, means a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law 117. (1) A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is (a) the sponsor's spouse, common-law partner or conjugal partner; 117. (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if (c) the foreign national is the sponsor's spouse and (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another 2/3 R4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine. I note you have indicated that your sponsor was previously married to -from 26/8/97 to 22/12/06. You have submitted documents to demonstrate that your sponsor is legally divorced from her first husband. However, having checked the divorce documents submitted by her ex-husband in support of another application, I have noticed a number of discrepancies regarding the date of divorce. I have assessed your application on its own merits, but I am required to explain to you why I have concerns regarding the validity of your divorce documents, which means I must refer to documents on another file. However, I consider it reasonable to expect that the divorce documents submitted by your sponsor for her first marriage would indicate the same date of divorce as divorce documents submitted by her ex-husband. Given that the divorce documents do not, I have concerns regarding the validity of that divorce and therefore the validity of your marriage. Specifically, on review of the divorce documentation on both your application and the application involving your sponsor’s ex-husband, it appears there may be 4 possible dates of divorce: - 22/12/06 as indicated by: your statement on your form IMM5540; your divorce deed on Rupee paper on your application; the NADRA divorce certificate on the file involving your sponsor’s ex-husband (specifically the date of divorce and failure of conciliation). - 26/11/07 as indicated by: the NADRA divorce certificate on the file involving your sponsor’s ex-husband (date the divorce took effect). - 29/11/09 as indicated by: on your application, the English translation (without the Urdu original) of the divorce certificate from the Union Council indicating your sponsor’s divorce was finalised by the Arbitration Council. -22/10/13 as indicated by: the NADRA divorce certificate on the file involving your sponsor’s ex-husband (date of issue). I am listing these dates in order to offer you the opportunity to explain the discrepancies occurring from these documents, and to explain why your sponsor has different divorce documentation with different dates to her ex-husband. I consider it reasonable to expect that the same couple going through the same divorce would have either the same or similar documentation with the same date of effectiveness for the divorce. That your sponsor and her ex-husband do not, raises concerns regarding the validity of the divorce and therefore the validity of your marriage. Furthermore, you have submitted only a translation of the divorce certificate from the Union Council indicating your sponsor’s divorce was finalised by the Arbitration Council on29/11/09, and not the Urdu certificate. A translation of a document is not sufficient evidence of the existence of the original, and this adds to my concerns regarding the validity of the divorce on 29/11/09. Furthermore, the NADRA divorce certificate on the file
involving your sponsor’s ex-husband was issued on 22/10/13 and there is no indication that your sponsor’s divorce from her ex-husband was registered with the civil authorities in Pakistan before that date. Without such evidence, I have concerns that your sponsor’s divorce was not legalised until 22/10/13 which would mean that she was not free to marry you on21/2/12 . I therefore have concerns regarding the validity of your marriage. As a result, it appears you may no longer be a member of the family class. Therefore your application for permanent residence may be refused. Furthermore, you have not submitted sufficient evidence of communication between you and your sponsor for the periods whilst you were apartThe absence of evidence to show ongoing and meaningful communication since your marriage is a concern as such evidence is important in ensuring that a relationship has been maintained and is genuine and not just a marriage entered into in order to gain permanent residence in Canada. In the absence of this evidence, I have concerns regarding the bona fides of the relationship. Please note, if your marriage is not considered to be genuine and instead entered into primarily to gain entry to Canada, you would no longer be considered a member of the family class. Please use this opportunity to address my concerns and indicate any further information you would like to be considered in respect of your application. I would like to provide you with the opportunity to respond to this information. You will have 30 days from the date of this letter to make any representations in this regard. Please respond using the address at the top of this letter and clearly indicate your file number for all correspondence you send to the High Commission of Canada, London, UK. If you do not respond to this request within 30 days, your application will be assessed based on the information currently on file and may result in the refusal of your application.
This refers to your application for permanent residence in Canada as a member of the Family Class. I have reviewed your application and all of the documents you submitted in support of it. It appears that you may not meet the requirements for immigration to Canada. Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act. I have determined that you may not meet the requirements of the Immigration and Refugee Protection Act because you are a person described in paragraph A12(1), R2 marriage, R117(1)(a), R117(9)(c)(i), R4 of the Act. You may therefore be inadmissible to Canada. 12 (1) 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. R2. “marriage”, in respect of a marriage that took place outside Canada, means a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law 117. (1) A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is (a) the sponsor's spouse, common-law partner or conjugal partner; 117. (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if (c) the foreign national is the sponsor's spouse and (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another 2/3 R4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine. I note you have indicated that your sponsor was previously married to -from 26/8/97 to 22/12/06. You have submitted documents to demonstrate that your sponsor is legally divorced from her first husband. However, having checked the divorce documents submitted by her ex-husband in support of another application, I have noticed a number of discrepancies regarding the date of divorce. I have assessed your application on its own merits, but I am required to explain to you why I have concerns regarding the validity of your divorce documents, which means I must refer to documents on another file. However, I consider it reasonable to expect that the divorce documents submitted by your sponsor for her first marriage would indicate the same date of divorce as divorce documents submitted by her ex-husband. Given that the divorce documents do not, I have concerns regarding the validity of that divorce and therefore the validity of your marriage. Specifically, on review of the divorce documentation on both your application and the application involving your sponsor’s ex-husband, it appears there may be 4 possible dates of divorce: - 22/12/06 as indicated by: your statement on your form IMM5540; your divorce deed on Rupee paper on your application; the NADRA divorce certificate on the file involving your sponsor’s ex-husband (specifically the date of divorce and failure of conciliation). - 26/11/07 as indicated by: the NADRA divorce certificate on the file involving your sponsor’s ex-husband (date the divorce took effect). - 29/11/09 as indicated by: on your application, the English translation (without the Urdu original) of the divorce certificate from the Union Council indicating your sponsor’s divorce was finalised by the Arbitration Council. -22/10/13 as indicated by: the NADRA divorce certificate on the file involving your sponsor’s ex-husband (date of issue). I am listing these dates in order to offer you the opportunity to explain the discrepancies occurring from these documents, and to explain why your sponsor has different divorce documentation with different dates to her ex-husband. I consider it reasonable to expect that the same couple going through the same divorce would have either the same or similar documentation with the same date of effectiveness for the divorce. That your sponsor and her ex-husband do not, raises concerns regarding the validity of the divorce and therefore the validity of your marriage. Furthermore, you have submitted only a translation of the divorce certificate from the Union Council indicating your sponsor’s divorce was finalised by the Arbitration Council on29/11/09, and not the Urdu certificate. A translation of a document is not sufficient evidence of the existence of the original, and this adds to my concerns regarding the validity of the divorce on 29/11/09. Furthermore, the NADRA divorce certificate on the file
involving your sponsor’s ex-husband was issued on 22/10/13 and there is no indication that your sponsor’s divorce from her ex-husband was registered with the civil authorities in Pakistan before that date. Without such evidence, I have concerns that your sponsor’s divorce was not legalised until 22/10/13 which would mean that she was not free to marry you on21/2/12 . I therefore have concerns regarding the validity of your marriage. As a result, it appears you may no longer be a member of the family class. Therefore your application for permanent residence may be refused. Furthermore, you have not submitted sufficient evidence of communication between you and your sponsor for the periods whilst you were apartThe absence of evidence to show ongoing and meaningful communication since your marriage is a concern as such evidence is important in ensuring that a relationship has been maintained and is genuine and not just a marriage entered into in order to gain permanent residence in Canada. In the absence of this evidence, I have concerns regarding the bona fides of the relationship. Please note, if your marriage is not considered to be genuine and instead entered into primarily to gain entry to Canada, you would no longer be considered a member of the family class. Please use this opportunity to address my concerns and indicate any further information you would like to be considered in respect of your application. I would like to provide you with the opportunity to respond to this information. You will have 30 days from the date of this letter to make any representations in this regard. Please respond using the address at the top of this letter and clearly indicate your file number for all correspondence you send to the High Commission of Canada, London, UK. If you do not respond to this request within 30 days, your application will be assessed based on the information currently on file and may result in the refusal of your application.
