- I need help please. What i should do now
Date: 19/07/19
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.
I have determined that you may not meet the requirements of the Immigration and Refugee
Protection Act because you do not meet the sections of the Acts and Regulations below.
Subsection 12(1) of the Immigration and Refugee Protection Act states that 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.
Subsection 4(1) of the Immigration and Refugee Protection Regulations states that 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.
Subsection 117(1) of the Immigration and Refugee Protection Regulations states that 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
Subsection 117(9) of the Immigration and Refugee Protection Regulations states 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
http://www.unitedkingdom.gc.ca/
http://www.royaume-uni.gc.ca/
Immigration and Medical Services Division | Section des services d’immigration et des services médicaux
High Commission of Canada | Haut-commissariat du Canada
Canada House | La Maison du Canada
Trafalgar Square
London, UK SW1Y 5BJ
www.UnitedKingdom.gc.ca / www.Royaume-Uni.gc.ca
2/3
(i) the sponsor or the foreign national was, at the time of their marriage, the spouse
of another person, or
(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.
I have fully reviewed your application, including the additional information you provided to us in
October 2018. Upon review of your application, I have some concerns and would like to provide
you the opportunity to respond.
1) At the time of his application for permanent residence to Canada in 2011, your sponsor
indicated that he had previously been married and divorced. On the Document Checklist (form
IMM5533) submitted with your current application, your sponsor answered “no” to the following
question: Have you (the sponsor) ever been previously married.
In October 2018 you were advised of this concern. In response, your sponsor indicated that he
was never previously married and that you are the only woman partner he has had in his life. He
also indicated that perhaps a mistake was made when he was filling out the immigration forms.
The information regarding his previous marriage and divorce was not obtained via a form but
rather at this interview for permanent residence. The following excerpt from the interview notes
indicates that he was asked “Is this your first and only marriage?” and the interviewer noted the
following response from him “Was married; got divorced [ … ] Has been divorced approximately
1.5 years ago. He divorced his wife [ … ] Ex-wife: [ … ], was approximately 22. Married 3 years
- does not know full DOB. Prior to divorce, was living with Subject's family; current whereabouts
unknown.”
Based on the above notes from his interview, at this time, I have concerns that the sponsor may
have previously been married and divorced. Should this be true, in absence of a divorce
certificate, I have concerns that you may be excluded as a member of the family class as per
R117(9)(c)(i). As such, your application for permanent residence could be refused.
Please provide an explanation for your sponsor’s statement at interview, and the information he
has provided on the current application.
2) On your previous application for permanent residence, you had submitted an Afghan
marriage booklet issued in 2013 which indicated that your marriage took place in 2009. On your
current application for permanent residence, you have submitted an Afghan marriage booklet
issued in 2018 which indicates that you marriage took place in 2014.
The discrepancies between the different documents leads me to have concerns regarding their
authenticity and validity. As such, I have concerns regarding the validity of your marriage. If the
marriage is not valid, you may not be considered to be a member of the family class and your
application for permanent residence may be refused.
http://www.unitedkingdom.gc.ca/
http://www.royaume-uni.gc.ca/
Immigration and Medical Services Division | Section des services d’immigration et des services médicaux
High Commission of Canada | Haut-commissariat du Canada
Canada House | La Maison du Canada
Trafalgar Square
London, UK SW1Y 5BJ
www.UnitedKingdom.gc.ca / www.Royaume-Uni.gc.ca
3/3
Please provide an explanation for why you obtained two different Afghan marriage booklets, one
in 2013 and a second in 2018, and why the information they contain differs.
3) If you and the sponsor were indeed married in 2009, prior to the sponsor’s immigration
to Canada, you may be excluded as per R117(9)(d) as he had not declared your marriage and
you were not examined as a dependent. As such, your application could be refused.
4) You have also provided limited evidence to satisfy me that your marriage is genuine.
The marriage photos you have provided do not show many guests in attendance, nor do they
indicate that arosi was celebrated. The fact that these traditions were not followed leads me to
have concerns regarding the bonafides of your marriage. It also appears that you and you
sponsor have spent limited time together. While you provided proof of his travel to Afghanistan
in July 2018, you did not any evidence that you spent time together during his stay. These
elements lead me to have concerns with whether your marriage is genuine or was entered into
primarily for the purposes of facilitating your immigration to Canada. Please note, if your
relationship 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 and your application
could be refused.
5) Lastly, based on the previously outlined inconsistencies, I have concerns that you may
have misrepresented your sponsor’s previous marital history on your application as you did not
disclose his previous marriage and divorce, and that you may have misrepresented your true
date of marriage as you have provided two Afhgan marriage booklets with differing information.
This could have led to an error in the application of the law as it relates to the validity of your
current marriage. Please note that, if you are found to have misrepresented a part of your
application for permanent residence in Canada which could have led to an error in the
administration of the Immigration and Refugee Protection Act, then you will not be permitted to
apply for any kind of temporary or permanent residence visa for Canada for 5 years.
Please use this opportunity to address my concerns and indicate any further information you
would like to be considered in respect of your application.
Subsection 11(1) of the Act states that 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 this Act. It appears that you do not meet the requirements of the Act for the
reasons set out above.
Documents sent as email attachments cannot exceed 5 MB in size. Any attachment larger than
5MB must be divided into smaller separate attachments.
If you choose not to respond with additional information within 30 days, I will make my decision
based on the information before me, which may result in the refusal of your application.
Sincerely,
Migration Officer
The Family Reunification Unit, IRCC London
http://www.unitedkingdom.gc.ca/
Procedural fairness, letter i need help please
- Thread starter mohibulah
- Start date
That's a very specific letter.
Are the officers claims true? If yes, then you can't really do anything and you should expect a refusal and probably a ban for misrepresentation.
Is the officer incorrect? If so, how? He's given you very specific reasons he thinks your marriage is fake/you aren't a member of the family class.
What's the truth here?
Are the officers claims true? If yes, then you can't really do anything and you should expect a refusal and probably a ban for misrepresentation.
Is the officer incorrect? If so, how? He's given you very specific reasons he thinks your marriage is fake/you aren't a member of the family class.
What's the truth here?
starnaenae
Champion Member
- Aug 9, 2016
- 837
- Category........
- FAM
- Visa Office......
- Mexico
- App. Filed.......
- March 1 2017
- Doc's Request.
- March 27, 2017, July 10, 2017
- AOR Received.
- AOR 1:March 17 2017 AOR 2: May 10, 2017
- File Transfer...
- April 8, 2017
- Med's Request
- Upfront - PASSED
- Med's Done....
- December 12 2016
- Interview........
- NOT REQUIRED
- Passport Req..
- March 5, 2018
- VISA ISSUED...
- March 13, 2018
- LANDED..........
- April 30, 2018
Get a really good immigration lawyer and get the response in asap. Sounds like its not very genuine and lies were told based on officers comments
I am not sure how the best of immigration lawyers can help as well if the officer is right. There seems to be misrepresentation on multiple occasions. Consult a lawyer and if any or all of what the officer has pointed out is true then just come clean. It maybe the best for your future prospects.
Your sponsor stated in his PR app that he was divorced and then confirmed that during his interview. He even gave his ex-wife's name and some personal details. On the balance of probabilities, it's pretty clear that he lied in your PR app.
You submitted false documents. Either you married in 2009 or you married in 2014. Either way, you both committed misrepresentation.
Pretty self-explanatory. Your marriage didn't follow cultural norms and you have spent a limited amount of time together.
The others have advised a lawyer. Honestly, I would advise that you just give it up now. There is very clear immigration fraud happening and I see absolutely no way for you to overcome it.
Seriously, what do you expect a lawyer to do? The sponsor lied about being divorced. You submitted false marriage documents. Immigration fraud is not something that a lawyer can magically explain or make disappear.
You still got time. You can consult an immigration lawyer, you don’t even have to hire someone and pay thousands bucks. Consultation can give you a clear perspective on what could happen and what to do (if anything could be done or not).
Consultation is not that expensive it may cost you 200 to 300 (if you go to the best one).
VO could have refused you on the basis of the grounds he explained but instead Officer is giving you the opportunity to respond means the burden of proof is on you now. And you must use this opportunity if you think you can satisfy officer.
The VO is legally required to give the OP the opportunity to respond. They did not issue the PF letter because they think that OP will actually be able to address the issues.
I am the sponsor this second time they send me the same letter but again I used to work with the Canadian army back in Afghanistan so on time they did everything how I should lie in the farm if I was married on time it will be so easy to sponsor my wife. and which people they interview with me they made mistakes
Hey Mohib
Sorry to hear that you have to go thru this. I am just going to give you my advice. You can talk to a lawyer to get legal advice. I think you should be honest with CIC about your misrepresentation and serve the five year ban. Then, you can sponsor your spouse. You can move to Afghanistan or spend time between Canada and Afghanistan over the five years. I think your marriage is guinuine but you probably got bad advice from other Afghans and misrepresented. Here are the problems I see and some advice:
1. You have indicated that you were previously married and divorced when you got PR. Then you indicated that this is your first marriage when sponsoring your wife. You said the Canadian army filled your forms BUT CIC is saying that they are looking at your record in interview where you said you were married and divorced and not the forms the Canadian army helped you filled. They gave the name of your spouse. If it is the same one as now. You may not be able to sponsor her? If it was a different spouse then you need to get the divorce certificate with the correct date. Serve your 5 year ban and reapply.
2. You need to tell the truth to CIC about the two marriage booklets. Make a marriage booklet with correct date of marriage.
3. Wedding photos: I know this is hard as CIC doesn’t understand how some places in Afghanistan are conservative and you cannot take pictures of other women unless they are your closest relatives. Your marriage might be guinine but given the married/divorced and single situation, and the two marriage booklets, CIC is suspecting your marriage is fraud even though it might be a guinine marriage.
4. Time spent together: I know how expensive it is to travel to Afghanistan and how hard it is to keep a job in Canada and support your family. I think you need to spend more time with your wife in Afghanistan this time. Instead of paying a lawyer 5000 dollars. You can find one that will help you have a better chance for next time by answering writing a letter for your current situation. You can use that money and spend a lot more time with your wife. Serve your misrepresentation of 5 years and then reapply for your spouse. I know it is hard financially and depending on where you live in Afghanistan, the security situation can be a nightmare. CIC does not understand the security situation in Afghanistan or does not give any weight. Any given that you worked with Canadian army you are really in a lot more danger when you visit Afghanistan.
This is my advice. You can always talk to a lawyer and get legal advice. Make sure you don’t get scammed by a lawyer telling you he can get your spouse a PR when he cannot as your case is quite complicated. Other members on this forum are welcome to improve on my response or point out any deficiency.
I wish you the best Mohib.