THIS IS THE LETTER I RECEIVED:
Dear XXXX
This letter refers to your application for permanent residence under the Spouse or Common-law Partner
in Canada class.
Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada.
Subsection 13(1) of the Immigration and Refugee Protection Act states that a Canadian citizen or
permanent resident may, subject to the regulations, sponsor a foreign national who is a member of the
family class.
Subsection 124(c) of the Immigration and Refugee Protection Regulations states that a foreign national
is a member of the spouse or common—law partner in Canada class if they are the subject of a
sponsorship application.
Section 127 of the Regulations states that a foreign national who makes an application as a member of
the spouse or common—law partner in Canada class and their accompanying family members shall not
become a permanent resident unless a sponsorship undertaking in respect of the foreign national and
those family members is in effect and the sponsor who gave that undertaking still meets the
requirements of section 133 and, if applicable, section 137.
(a) subject to paragraph 137(c), is not in default of
(i) any undertaking, or
(ii) any support payment obligations ordered by a court”
I am not satisfied that you have a valid sponsor and are therefore not the subject of a sponsorship in
effect. Your sponsor is in default of a previous undertaking. Your sponsor is therefore ineligible to
sponsor your application for permanent residence. Accordingly, you may not meet the requirements of
the Regulations.
Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all
questions put to them for the purpose of the examination and must produce a visa and all relevant
evidence and documents that the officer reasonably requires.
Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada
becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.
The onus is on you to satisfy me that you have an eligible sponsor and meet the requirements of the
spouse or common-law partner in Canada class. I would therefore request that you send any information
and/or documents which you consider might respond to this concern within thirty (30) days from the
date of this letter, I must also advise you that failure to disabuse me of my concern may result in the
refusal of your application.
Please send the requested information documents and all future inquiries with respect to your
application via the Case Specific Enquiry form at the following link:
httpsdlsecure.cic.gc.calenduiries-renseignementslcanada-case-cas-enq.aspx.
In addition, the following information is also required:
All additional requested documents/information and a copy of this correspondence must be submitted
within the timeframes specified above (formatted as “year/month/day"). If you are unable to provide
any or all of the requested documents/information, please explain why they are not available. Failure
to provide the required documents may result in the refusal of your application for permanent residence.
Should this occur, no further consideration will be given to your request for permanent residence unless
a new application, Including fees, is submitted.
IMPORTANT: Passports for yourself and your family members must be valid for the duration of your
stay in Canada.
Sincerely,
Case Processing Centre Mississauga
