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Spouse visa rejection, what documents to submit for appeal

Discussion in 'Family Class Sponsorship' started by etha4u, Dec 4, 2019.

  1. #1 etha4u, Dec 4, 2019 at 6:27 PM
    Last edited: Dec 4, 2019
    Following letter has been sent to one of my relatives; his wife has been rejected for visa. What documents that need to be submit for appeal ?

    This is the copy of the letter:

    have now completed the assessment of your permanent residence application as a member of the family class, the class in whtch you applied. havedetermined that yowdo not meerthe requirements for immigration to Canada. Subsection 12(1) of the Immigration and Refugee Protecfion Act (IRPA) states that a foreign national may be selected as a member of the tamily 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- Paragraph 1 17(1 of the Immigration and Refügee Protection Regulations (IRPRi states that a foreign national is member of the family class if, with respect to g sponsor, the foreign national is the sponsor's spouse, eomrnon.law partner or conjugal partner. Subsection 4(1) of the IRPR states that for the purposes of thesc Regulations, a foreign national shall not be considered a spouse, a common-law partner Of 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 Based on the assessment of your information, including your application, the supByning documentation. and the information you pmvidcd during the interview, I am not satisfied that your marriage. common-law partnership or conjugal partnership is genuine or that it was not entered into primarily tor the purpose of acquiring permanent residence in Canada. lherefore. as per the IR PR, you are not considered to be a member of the family class. Subsection I I(j) of the IRPA provides that a toreign national must, beforc entering Canada. apply to an oflicer for a visa or for any other document required by the regulations. The 'sisa or document may be issued if, following an examinations the otiieer is satisfied thal foreign national is not inadmissible and meets the requitements of this Ael, For the reasons set out above, I dtn not satisfied that you are not inadmissible and that you meet the requirements of the Act. As such, i am refusing your application.
     
  2. It really depends on the reason of rejection.
     
  3. they said following:
    I have now completed the assessment of your permanent residence application as a member of the family class, the class in whtch you applied. havedetermined that yowdo not meerthe requirements for immigration to Canada. Subsection 12(1) of the Immigration and Refugee Protecfion Act (IRPA) states that a foreign national may be selected as a member of the tamily 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- Paragraph 1 17(1 of the Immigration and Refügee Protection Regulations (IRPRi states that a foreign national is member of the family class if, with respect to g sponsor, the foreign national is the sponsor's spouse, eomrnon.law partner or conjugal partner. Subsection 4(1) of the IRPR states that for the purposes of thesc Regulations, a foreign national shall not be considered a spouse, a common-law partner Of 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 Based on the assessment of your information, including your application, the supByning documentation. and the information you pmvidcd during the interview, I am not satisfied that your marriage. common-law partnership or conjugal partnership is genuine or that it was not entered into primarily tor the purpose of acquiring permanent residence in Canada. lherefore. as per the IR PR, you are not considered to be a member of the family class. Subsection I I(j) of the IRPA provides that a toreign national must, beforc entering Canada. apply to an oflicer for a visa or for any other document required by the regulations. The 'sisa or document may be issued if, following an examinations the otiieer is satisfied thal foreign national is not inadmissible and meets the requitements of this Ael, For the reasons set out above, I dtn not satisfied that you are not inadmissible and that you meet the requirements of the Act. As such, i am refusing your application.
     
  4. Ok, this is better than something like "you are a thread to Canada's public safety etc...". Basically, the marriage is not considered genuine. In such case, there are a few options they can do. Your relatives can appeal, which takes more time and is very expensive. The wait for appeal hearing is about 2 year. Or they can reapply with more proof of relationship, same materials that they would use in hearing presumably.
     
  5. As you have provided zero information about the app, the relationship or the couple, no one can give any advice.
     

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