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Spouse Sponsor Procedural Fairness

abdul.moiz.ca

Newbie
Nov 7, 2018
7
0
Dear All,

My spouse recently got an email from CIC which states as follows:

""""
I have determined that you may not meet the requirements of the Immigration and Refugee Protection Act because you do not appear to meet Section 130 of the Immigration and Refugee Protection Regulations:

Subsection 130 (1) Paragraph (b) of the Regulations states that subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who resides in Canada.

You do not appear to meet these requirements because you have not submitted any evidence to support your statement that your sponsor was residing in Canada at the time of your application, or that he is residing there now. Your sponsor is not a Canadian national, and therefore he is required to be resident and present in Canada during the period of this application. This raises concerns that your sponsor may no longer be eligible to sponsor you because your sponsor may not be resident and present in Canada. Please submit evidence of his current residence there, such as employment documents, credit card or bank statements, accommodation documents (such as tenancy agreements), utility bills or other documents which demonstrate his presence and continuing residence in Canada.

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.

Before I make a final decision, you may submit additional information relating to these concerns. You must provide any additional information within 30 days from the date of this letter.
""""

But as for my proof, I did submitted a copy of my PR card, job letter, income tax letter....

What should I do now? and how to respond in this scenario?

Thanks.
 
Last edited:

np08

Hero Member
Jan 13, 2015
898
356
Category........
FAM
Visa Office......
Mississauga, OT
App. Filed.......
Feb 09, 2018
AOR Received.
Mar 07, 2018
Med's Request
Aug 8, 2018
Med's Done....
Aug 13, 2018
LANDED..........
Dec 18, 2018
Was the sponsor in Canada for the duration of the PR application process?

Sponsors who are permanent residents must be in Canada while the application is being processed. It's only Canadian citizens that can sponsor from abroad.
 

abdul.moiz.ca

Newbie
Nov 7, 2018
7
0
Was the sponsor in Canada for the duration of the PR application process?

Sponsors who are permanent residents must be in Canada while the application is being processed. It's only Canadian citizens that can sponsor from abroad.
I am the sponsor and I am residing in Canada for all the time. Still am....
 

YVR123

VIP Member
Jul 27, 2017
6,553
2,504
So they are suspecting that you do not live in Canada now.

"Please submit evidence of his current residence there, such as employment documents, credit card or bank statements, accommodation documents (such as tenancy agreements), utility bills or other documents which demonstrate his presence and continuing residence in Canada."

Can you submit an updated employment letter? Credit card and bank statements. Most important, some proof of accommodation. If you are renting, a tenancy agreement. If you live with your parents, their letter to show that you live with them. If you own your property, may be proof of ownership.
On top of that utility bills, cell phone bills (to show your activities in Canada)...etc.

If you didn't travel, may be copies of your passport to show no stamps on it. (as you didn't leave the country)
 

np08

Hero Member
Jan 13, 2015
898
356
Category........
FAM
Visa Office......
Mississauga, OT
App. Filed.......
Feb 09, 2018
AOR Received.
Mar 07, 2018
Med's Request
Aug 8, 2018
Med's Done....
Aug 13, 2018
LANDED..........
Dec 18, 2018
I am the sponsor and I am residing in Canada for all the time. Still am....
Then they are asking you to send more proof of you being in Canada during this time.

Credit card statements are pretty easy as they can show, on a month to month basis, you purchasing goods and paying for services in Canada (don't just send one or two - cover the whole time since you sent the application), monthly utilities, a rental agreement, letter from your employer that states you were working in Canada all that time, letter from your landlord that states the same, etc. There are many things that can show you were in Canada the whole time. Collect whatever you can and send it in as additional proof.
 

abdul.moiz.ca

Newbie
Nov 7, 2018
7
0
So they are suspecting that you do not live in Canada now.

"Please submit evidence of his current residence there, such as employment documents, credit card or bank statements, accommodation documents (such as tenancy agreements), utility bills or other documents which demonstrate his presence and continuing residence in Canada."

Can you submit an updated employment letter? Credit card and bank statements. Most important, some proof of accommodation. If you are renting, a tenancy agreement. If you live with your parents, their letter to show that you live with them. If you own your property, may be proof of ownership.
On top of that utility bills, cell phone bills (to show your activities in Canada)...etc.

If you didn't travel, may be copies of your passport to show no stamps on it. (as you didn't leave the country)
Will try to gather as much proof as possible. Thanks for your help
 

abdul.moiz.ca

Newbie
Nov 7, 2018
7
0
Then they are asking you to send more proof of you being in Canada during this time.

Credit card statements are pretty easy as they can show, on a month to month basis, you purchasing goods and paying for services in Canada (don't just send one or two - cover the whole time since you sent the application), monthly utilities, a rental agreement, letter from your employer that states you were working in Canada all that time, letter from your landlord that states the same, etc. There are many things that can show you were in Canada the whole time. Collect whatever you can and send it in as additional proof.
Will try to gather as much proof as possible. Thanks for your help
 

abdul.moiz.ca

Newbie
Nov 7, 2018
7
0
One more issue I am having is. I don't see any email option regarding procedural fairness on online account? How do I reply? Should I mail the documents on the address I got the letter from?
 

abdul.moiz.ca

Newbie
Nov 7, 2018
7
0
Did the letter provide any specific instructions?
It says this only...
"""
Before I make a final decision, you may submit additional information relating to these concerns. You must provide any additional information within 30 days from the date of this letter.

Documents sent as email attachments cannot exceed 5 MB in size. Any attachment larger than 5MB must be divided into smaller separate attachments.
"""
 

amrelnoury

Star Member
Apr 23, 2019
53
7
43
Category........
FAM
It says this only...
"""
Before I make a final decision, you may submit additional information relating to these concerns. You must provide any additional information within 30 days from the date of this letter.

Documents sent as email attachments cannot exceed 5 MB in size. Any attachment larger than 5MB must be divided into smaller separate attachments.
"""
Hey mate I had a PFL but for a different reason anyhow you can actually email the explanation letter along supporting documents directly to the email of the visa office which is processing your file you should have received a letter from the visa office that your file was transferred as soon as they receive it and this email at the end will have the email if to where you can send your inquiries to OR you can do the same through web form where you can actually upload attachements as well. After a couple of days you can send an email through web form to confirm that they have received the response to the PFL and they will confirm.

After you send the documents if you login to your GCKey you will actually see that the status has changed to "application received" this is also known as ghost update which is an update that your documents are added to your application and if you log off and log in again you will see the normal status of application submitted as the application received will only be shown to you 1 time only. Or at least that is what happened with me.

Cheers