Hi,
My brother-in-law received a letter from London office with Section 117 (9) objection. The telephone nikkah was held in 2002 over telephone.
My sister did visit Pakistan for official marriage (ruksuti) in 2004 and has lived in Pakistan for several years with my brother in law. They have 3 children.
My sister has been in Canada for the past 2-3 years and has sponsored my BIL using family class. The London office has sent following letter:
Section 5 of the Immigration and Refugee Protection Regulations states that for the purposes of these Regulations, a foreign national shall not be considered
(c) the spouse of a person if at the time the marriage ceremony was conducted either one of both of the spouses were not physically present unless the person was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law.
Subsection 117. (9) of the Immigration and Refugee Protection Regulations states that A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
(c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was marrying a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law;
Any suggestions on how we should respond to this ? Since the Nikah is already done in 2002, we cannot have another Nikah in person as this isn't allowed in Islam.
Should we consult a lawyer ? What about the fact that my sister and BIL were together during the marriage (ruksati) in 2004 ?
Thanks,
My brother-in-law received a letter from London office with Section 117 (9) objection. The telephone nikkah was held in 2002 over telephone.
My sister did visit Pakistan for official marriage (ruksuti) in 2004 and has lived in Pakistan for several years with my brother in law. They have 3 children.
My sister has been in Canada for the past 2-3 years and has sponsored my BIL using family class. The London office has sent following letter:
Section 5 of the Immigration and Refugee Protection Regulations states that for the purposes of these Regulations, a foreign national shall not be considered
(c) the spouse of a person if at the time the marriage ceremony was conducted either one of both of the spouses were not physically present unless the person was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law.
Subsection 117. (9) of the Immigration and Refugee Protection Regulations states that A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
(c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was marrying a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law;
Any suggestions on how we should respond to this ? Since the Nikah is already done in 2002, we cannot have another Nikah in person as this isn't allowed in Islam.
Should we consult a lawyer ? What about the fact that my sister and BIL were together during the marriage (ruksati) in 2004 ?
Thanks,
