Dear XXXXX
This refers to the Application for Permanent Residence you made under the Spouse or Common-Law
Partner in Canada Class.
I have determined that you do 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 sponsor a foreign national, subject to the regulations.
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.
Subsection 133(1) of the Regulations states that a sponsorship application shall only be approved by
an officer if, on the day on which the application was filed and from that day until the day a decision is
made with respect to the application, there is evidence that the sponsor
(g) 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. On November 24, 2016 our office was advised by Ontario Works and Ontario Disability Support
Program that your sponsor’s previously sponsored relative was in receipt of benefits during the
undertaking period. On November 28, 2016 a procedural fairness letter was sent to you advising you
of this information. In order for your sponsor to be eligible sponsor you, they are required to not be in
default of an undertaking from the day on which the application was filed and from that day until the
day a decision is rendered. Your application was filed on July 22, 2015, thereafter the previously
sponsored relative began receiving assistance which makes your sponsor ineligible to sponsor.
On February 8, 2017 and March 31, 2017 you responded to the procedural fairness letter. You have failed to satisfy me that your sponsor was not in default during the processing of your application. In order to be eligible to sponsor, a default must be repaid prior to submission of an application. As a result, I have determined that it would be contrary to the Regulations to issue you a permanent resident visa or allow you to become a permanent resident.
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.
For the reasons set out above, I am not satisfied that you have an eligible sponsor and meet the requirements of the spouse or common-law partner in Canada class. I am therefore refusing your application for permanent residence.
If the Right of Permanent Residence fee was paid, it will be refunded within six to eight weeks to the payee listed on the proof of payment you submitted with your application. If the fee was paid by credit card, it will be credited back to the credit card account. Otherwise, a cheque will be mailed to the payee’s address in approximately six weeks to eight weeks.
Should you wish to reapply, you will be required to submit a new application and pay a new processing fee. Any new application will be assessed according to the Immigration and Refugee Protection Act in force at the time that the new application is filed.
This refers to the Application for Permanent Residence you made under the Spouse or Common-Law
Partner in Canada Class.
I have determined that you do 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 sponsor a foreign national, subject to the regulations.
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.
Subsection 133(1) of the Regulations states that a sponsorship application shall only be approved by
an officer if, on the day on which the application was filed and from that day until the day a decision is
made with respect to the application, there is evidence that the sponsor
(g) 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. On November 24, 2016 our office was advised by Ontario Works and Ontario Disability Support
Program that your sponsor’s previously sponsored relative was in receipt of benefits during the
undertaking period. On November 28, 2016 a procedural fairness letter was sent to you advising you
of this information. In order for your sponsor to be eligible sponsor you, they are required to not be in
default of an undertaking from the day on which the application was filed and from that day until the
day a decision is rendered. Your application was filed on July 22, 2015, thereafter the previously
sponsored relative began receiving assistance which makes your sponsor ineligible to sponsor.
On February 8, 2017 and March 31, 2017 you responded to the procedural fairness letter. You have failed to satisfy me that your sponsor was not in default during the processing of your application. In order to be eligible to sponsor, a default must be repaid prior to submission of an application. As a result, I have determined that it would be contrary to the Regulations to issue you a permanent resident visa or allow you to become a permanent resident.
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.
For the reasons set out above, I am not satisfied that you have an eligible sponsor and meet the requirements of the spouse or common-law partner in Canada class. I am therefore refusing your application for permanent residence.
If the Right of Permanent Residence fee was paid, it will be refunded within six to eight weeks to the payee listed on the proof of payment you submitted with your application. If the fee was paid by credit card, it will be credited back to the credit card account. Otherwise, a cheque will be mailed to the payee’s address in approximately six weeks to eight weeks.
Should you wish to reapply, you will be required to submit a new application and pay a new processing fee. Any new application will be assessed according to the Immigration and Refugee Protection Act in force at the time that the new application is filed.
